Misericordia University Admission Website Terms and Conditions of Use
General
These Terms and Conditions of Use apply to your use of the
[Admission section of the Misericordia University website] (the "Website").
By using the Website, you agree to be bound by these Terms
and Conditions of Use. If you do not agree with these Terms
and Conditions of Use, you must immediately cease use of the
Website. The Website is designed to provide you with information
concerning Misericordia University, and to enable you to communicate with
Misericordia University's faculty, staff, students and applicants. You
may not use the Website for any other purpose. Misericordia University
reserves the right to terminate or suspend your access to
all or part of the Website, without notice, for any use of
the Website that does not comply with these Terms and Conditions
of Use, as amended from time to time. The Website is not intended
for use by children under the age of 13. By using the Website,
you represent that you are age 13 or over.
Proprietary Rights
You acknowledge and agree that all right, title and interests
in and to the information, data, software, photographs, graphics,
videos, music and other material (collectively, the "Content")
contained in the Website, including, without limitation, any
copyrights in or to the Content, belong to Misericordia University and
its content providers, and you will not assert any claims
to the contrary. You acknowledge that Content on the Website
may change at any time, without any obligation on the part
of Misericordia University to notify you of such changes.
Your Password
You are responsible for keeping your password secret and
confidential. You agree that you are responsible for all communications
and other activity that occur using your password, including
any obligation which may result from such use. You are responsible
for changing your password if you believe that your password
has been stolen or might otherwise be misused. You may not
assign your password or any of your rights under this Agreement
without the prior written consent of Misericordia University, and any
attempted assignment without such consent will be void.
Your Information
You agree to provide true, accurate, current and complete
information about yourself as prompted by the Website, and
to maintain and promptly update such information to keep it
true, accurate, current and complete. Such information, together
with any other information obtained from you or through your
use of the Website, are collectively referred to as "Your
Information". You acknowledge that by providing any of
Your Information to the Website, you consent to the transmission
of such information over the Internet. You authorize Misericordia University
to use Your Information for the purpose of facilitating your
use of the Website, including, without limitation, communicating
with Misericordia University, personalizing communications to you, posting
portions of Your Information on the Website, and generally
to improve the Website. Misericordia University may disclose Your Information
if required to do so by law or if such disclosure is deemed
necessary to protect the rights and personal safety of other
users of the Website, Misericordia University, its students, faculty,
employees and applicants.
Restrictions
(a) You agree not to use the Website:
(i) to upload, post, transmit or otherwise make available
to other users of the Website any infringing, illegal, sexually
explicit, hateful, vulgar, threatening, abusive, harassing,
defamatory, or racially, ethnically, or otherwise objectionable
material; (ii) to impersonate any person or entity, including,
without limitation, any student, faculty or employee of Misericordia University,
or otherwise misrepresent your identity; (iii) to upload,
post, transmit or otherwise make available to other users
of the Website any computer viruses or other malicious code;
(iv) to engage in any illegal activity; or (v) otherwise in
any manner that could give rise to any liability to Misericordia University
or which might adversely affect Misericordia University's or its affiliates'
public image, reputation or goodwill.
(b) You are not permitted to:
(i) edit, alter, modify or prepare
any derivative works of the Content or any portion thereof;
(ii) remove or alter any credits, notices (including, without
limitation, copyright, trademark and service mark notices),
or logos which are included in the Website or the Content;
or (iii) resell, sublicense or otherwise transfer, distribute
or make available to others all or any portion of the Content
in any form.
User Content
You acknowledge and agree that the Website may contain Content
that is provided by third parties, including, without limitation,
other users of the Website. Misericordia University is a distributor and
not a publisher with respect to the Content provided by third
parties, and does not undertake to, and is not responsible
for, reviewing or editing any third party Content. Any opinions,
advice, statements, services, offers or other information
contained in third party Content are those of their respective
authors and not of Misericordia University or any of its affiliates. Misericordia University
reserves the right to delete from the Website any Content
which you provide or post on the Website.
Links
You may not create any links to the Website without the
prior written consent of Misericordia University. You agree that Misericordia University
does not undertake to and is not responsible for reviewing
other websites to which the Website may be linked from time
to time. Access to any other websites linked to the Website
is at your own discretion and risk.
Disclaimer of Warranty
THE WEBSITE AND THE CONTENT CONTAINED IN OR PROVIDED THROUGH
THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY
REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND
MISERICORDIA UNIVERSITY HEREBY DISCLAIMS THE SAME. ANY USE OF THE WEBSITE
IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, MISERICORDIA UNIVERSITY DOES NOT WARRANT THAT THE
WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, NOR DOES
MISERICORDIA UNIVERSITY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE WEBSITE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MISERICORDIA UNIVERSITY,
ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
The Website is provided for your convenience. You agree
that neither Misericordia University, its agent James Tower Inc., or their
respective affiliates shall be liable for any damages, including,
without limitation, direct, indirect, incidental, special,
consequential, and exemplary damages. Without limiting the
generality of the foregoing, Misericordia University and its affiliates
shall not be liable for any damages arising out of or relating
to (i) any use or inability to use any part of the Website,
including without limitation any errors, interruptions, delays
in operation or transmission, or any failure of performance
in the Website (including, without limitation, any deletion,
misdelivery or failure to store communications by you); (ii)
information or other content received through or from the
Website, including without limitation computer viruses or
other malicious code; (iii) unauthorized access to or alteration
of your transmissions or data; or (iv) interruption, suspension
or termination of your access to the Website, regardless of
whether such interruption, suspension or termination was justified,
negligent or intentional, inadvertent or advertent. You are
responsible for any errors which you may make when using or
submitting information through the Website. If you are dissatisfied
with any portion of the Website, your sole and exclusive remedy
is to discontinue using the Website.
Trademarks
"Misericordia University", "www.misericordia.edu"
are all trademarks of Misericordia University. All users of such marks
shall inure to the benefit of Misericordia University, and the use of
Misericordia University's marks in conjunction with any other logos or
marks shall not create a unitary or composite mark. All other
trademarks, trade names, service marks, logos, product names,
and company names appearing on the Website are the property
of their respective owners.
Waiver
No failure or delay on the part of Misericordia University to exercise
any right or remedy under these Terms and Conditions of Use
will operate as a waiver thereof, nor will any single or partial
exercise of any right or remedy preclude any other or further
exercise thereof or of any other right or remedy. No express
waiver or assent by Misericordia University of any breach of or default
in any term or condition of these Terms and Conditions of
Use by you will constitute a waiver of or assent to any succeeding
breach of or default in the same or any other term or condition
of these Terms and Conditions of Use.
Amendment
Misericordia University reserves the right to amend these Terms and
Conditions of Use at any time. You will be notified of any
such amendments [and provided an opportunity to accept the
amended terms and conditions]. Misericordia University may restrict your
access to the Website until you accept the amended terms and
conditions.
Miscellaneous
These Terms and Conditions of Use will be governed by and
construed and enforced in accordance with the laws of the
State of Minnesota, United States of America, without regard
to its conflict of law principles. Any and all disputes arising
from or in connection with the Website shall be subject to
binding arbitration conducted by a single arbitrator in Mankato,
Minnesota pursuant to the Commercial Arbitration Rules of the
American Arbitration Association, as now or hereafter amended;
provided, however, that Misericordia University and its affiliates shall
be entitled to seek injunctive and other equitable relief
in any forum of competent jurisdiction to enforce these Terms
and Conditions of Use or its rights in the Website and its
Content without first seeking or obtaining any decision in
arbitration. If any provision of these Terms and Conditions
of Use is held invalid, such invalidity shall not affect any
other provisions of these Terms and Conditions of Use. Heading
are inserted for reference only and shall not be construed
as a part of these Terms and Conditions of Use. James Tower Inc. is a third party beneficiary to these Terms and Conditions
of Use.