This Site also has an Online Privacy Statement setting out SJU’s online information gathering and dissemination practices with respect to this Site. Click here to view the <Privacy Statement> which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Use and Access to the Site
SJU hereby grants you a non-exclusive, non-transferable, limited license to access and use the Site under the terms and conditions set forth in these Terms and Conditions, and the Privacy Statement.
All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, information, and material appearing on, available from, or contained in this Site ("Site Materials") are protected by United States law, including but not limited to, United States copyright, trademark and relevant intellectual property law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, content, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, look and feel attributes, and other intellectual property) are each individually and collectively SJU’s copyrighted works, with all rights reserved, or are the copyrighted works of SJU’s affiliates, licensors, or suppliers. SJU also owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of SJU, is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of SJU, without SJU’s advance written consent, is also strictly prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Sites are owned and / or proprietary to SJU or its affiliates, licensors, or suppliers. Use or misuse of these trademarks or any other SJU trademarks or branding which may appear on this Site is expressly prohibited and may violate federal and state trademark law.
Materials Submitted to the Site
This Site may allow you to contribute postings, questions, and other materials and information to this Site. By submitting any such postings, questions, feedback and suggestions about how to improve the Website information and services, and other materials and information ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity, or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information that is or may be owned by any third party.
Upon your submission of any User Materials or other material or information to SJU, you grant SJU a worldwide, perpetual, non-terminable, irrevocable, fully transferable, license for any and all business purposes of the Site or SJU, to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and / or sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and / or sublicense, the User Materials that you submit to this Site for the purpose of providing the Site and Site services, all without any compensation or attribution to you whatsoever. By your submission of any User Materials, you acknowledge and agree that the Site and SJU is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information. The Site administrator or SJU may remove User Materials from the Sites for any or no reason, in SJU's sole discretion. SJU shall not be responsible for changes, modifications, or removal any User Materials that you may submit to the Site. If you believe that any content or postings on the Site violate any of your intellectual property or other rights, please follow our Complaint Procedure provided within these Terms and Conditions.
Third Party Links, Content, Information and Materials
Parties other than SJU may provide information and content on this Site. SJU expressly disclaims any and all responsibility for or related to the accuracy of the information, or content provided by any third parties. Additionally, this Site may, from time to time, contain links to other websites, which such links are provided solely for the convenience of users in locating other information. SJU expressly disclaims any and all responsibility for the content, the accuracy of the information, or the products or services advertised on or provided by any of these third-party sites or the transactions that you may conduct or enter into with any of these third parties, or on these third party sites.
Disclaimer of Warranty and Liability
THIS SITE, THE SITE CONTENT AND MATERIALS AND ANY USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE INFORMATION OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
SJU MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE CONTENT AND INFORMATION OFFERED IN CONNECTION THIS SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
SJU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE CONTENT AND INFORMATION OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
Corrections and Changes
SJU endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, SJU is not responsible for any errors or omissions in the Site or Site Materials. SJU may make changes to the Site or Site Materials, or to the information, or services made available in connection with this Site, at any time, and SJU makes no commitment to update the information contained on or in this Site.
SJU reserves the right to terminate your access to or use of the Site in the event that you violate any of these Terms and Conditions, or the Privacy Statement, or for any reason whatsoever or no reason, with or without notice. Other than termination of your license and use of the Site, SJU further reserves any and all of its other rights against you in addition to any and all other remedies available at law or in equity.
You agree to defend SJU and its directors, officers, employees, agents, and contractors ("SJU Indemnitees") against all claims, actions, suits, and other proceedings of third parties ("Claims") arising out of or incurred in connection with your use of the Site, your fraud, violation of law, willful misconduct, or any breach by you of any of these Terms and Conditions and shall indemnify and hold each of the SJU Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with any Claims. You may not settle any Claim without the prior written consent of SJU.
If you believe that any content or postings on this Site violate your intellectual property or any other rights, please send to SJU at the address listed at www.sju.edu, addressed to the attention of "General Counsel," a comprehensive detailed notice in accordance with the requirements of the Digital Millennium Copyright Act, including (1) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (2) a description of the location of the original or an authorized copy of the copyrighted work; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Use of the Internet
Given the nature of the Internet, the posting of any content or information to the Site, or the transmission of any communication or material to SJU via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be secure or guaranteed. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither SJU nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Governing Law and Jurisdiction
These Terms and Conditions, including but not limited to the Privacy Statement represent the entire agreement between you and SJU with respect to this Site, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express or implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in the United States, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the Site and / or any works, content, or materials on this Site, you hereby consent to the exclusive jurisdiction of the federal and state courts presiding in Philadelphia, Pennsylvania, U.S.A., and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
This Site is controlled and operated from within the United States. SJU makes no statement or representation that the Site or any works, content, materials, services, or information available on, in, or through the Site is appropriate or available for use in other locations. If you choose to access any of the Site from outside of the United States, you acknowledge and agree that you are doing so at your own volition and are responsible for compliance with any and all applicable laws. Headings used in these Terms and Conditions, including, but not limited to the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of SJU to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
Effective March 30th, 2011.
Last updated: March 30th, 2011
For more information, please contact the Office of General Counsel at firstname.lastname@example.org