Terms of Use

Terms of Use

Welcome to the Alderson Broaddus University LMS web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not access or review information on this site. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The provisions of this Agreement shall be interpreted as to fair meaning and not strictly for or against either party. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Alderson Broaddus University reserves the right to cancel your access to the LMS at any time, without notice.

                                             1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our LMS site (the “Site”). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright, Trademark, and Proprietary Matters.

The content, organization, graphics, design, audio, animation, video, compilation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Limited Right to Use.

The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution), without express written permission of Alderson Broaddus University.

4. Editing, Deleting, and Modification.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

5. Indemnification.

You agree to indemnify, defend, and hold harmless Alderson Broaddus University and any of its related departments, enterprises and affiliates, its elected officials, officers, and employees from any liability, loss, claim, and expense including reasonable attorney’s fees related to any violation by you of this Agreement or use of this Site.

6. Nontransferable.

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable. You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify the University of any unauthorized use of your account or password.

7. Your Conduct.

By using this web site or any service provided, you explicitly agree that you shall not:

·       Provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; pornographic; designed to interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

·       Impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

·       Collect or harvest data about other users;

·       Provide or use this web site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the University’s prior written consent;

·       Provide any content that may give rise to civil or criminal liability of the University, or that may constitute or be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyright, trademark, patent, or trade secrets.

8. Disclaimer and Limits.

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

9. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

10. Links to other Web Sites.

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

11. Severability.

Should any provision(s) of this Agreement be held invalid or unenforceable, that provision(s) shall be subject to modification by Alderson Broaddus University, and the remaining provisions shall remain in full force and effect.

12. Governing Law.

This Agreement shall be treated as executed by Alderson Broaddus University located within the confines of Barbour County, West Virginia. This Agreement shall be governed and construed in accordance with applicable federal, state, and local laws. Any cause of action by you must be instituted within one (1) year after the cause of action arose or be forever waived and barred. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the location of Alderson Broaddus University headquarters.

 


Last modified: Friday, July 14, 2017, 11:19 AM