EFFECTIVE DATE: August 7, 2009
Term and Termination. This Agreement takes effect upon your access and use of the Website, Services, Software, or Content and automatically terminates if any of the following occur: 1) you fail to comply with a term, condition, or other obligation; 2) you cease use of the Website, Services, Software, and Content; or 3) the University chooses to terminate this Agreement with or without cause.
Intellectual Property. The Website, Services, Content, and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, Software and Content, contain proprietary information protected under United States and international copyright, trademark, and trade secret laws, where applicable. Except as expressly authorized in writing by the University in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever.
The University grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Content, or Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Content, or Software. You agree not to access the Website, Services, Content, or Software by any means other than through the interface that is provided by the University for doing so.
The University's tradenames, design marks and/or service marks ("marks") are the sole and exclusive property of the University. No display or use of such marks may be made without the express written permission of the University.
The University respects the intellectual property rights of others. If you believe that the Website, Services, Content, or Software or any other activity taking place on or in connection with the Website constitutes infringement of a work protected by applicable intellectual property laws, please notify us so that we may respond to any such concerns by contacting us at the address provided below:
Point Park University
Attn: Senior Director, Marketing and Communications
201 Wood Street
102 Patterson Building
Pittsburgh, Pennsylvania 15222
No Export. You agree to not ship, transfer, or export into any country or otherwise use in any manner the Website, Services, Software, or Content in any manner which is prohibited by the United States Export Administration Act or any other applicable export laws, restrictions, or regulations.
Links to Other Websites. The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by the University of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that THE UNIVERSITY, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.
Representations and Warranties. YOU REPRESENT AND WARRANT THE FOLLOWING: 1) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT, IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A THIRD PARTY, THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS OF THIS AGREEMENT; AND, 2) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Disclaimer of Warranties. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.
THE UNIVERSITY, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THE WEBSITE, SERVICES, SOFTWARE, OR CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE, SERVICES, SOFTWARE, OR CONTENT, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability. IN NO EVENT SHALL THE UNIVERSITY, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY SERVICES OR CONTENT OR SOFTWARE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE UNIVERSITY, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, SERVICES, OR SOFTWARE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT SERVICES, OR SOFTWARE, CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT, SOFTWARE, AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Choice of Law and Venue. This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County located in the Commonwealth of Pennsylvania.
Waiver. The failure of the University to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision, now or in the future, and the University reserves the right to enforce any right or provision of this Agreement at anytime.
Successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns.
Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely:1) Intellectual Property; 2) No Export, 3) Links to Other Websites; 4) Representations and Warranties; 5) Disclaimer of Warranties; 6) Limitation of Liability; 7) Severability; 8) Choice of Law and Venue; 9) Waiver; and 10) Survival.
Headings. All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
EFFECTIVE DATE: March 13, 2012
Personally identifiable information. "Personally identifiable information" is information about an individual, such as name, address, e-mail address, user name, etc., which may identify him or her.
The University reserves the right to disclose or use personally identifiable information for University purposes including, without limitation, in regard to its facilities, services, and other offerings, or as required by law or as permitted by law when the University, in good faith, deems it necessary to protect its rights and/or to comply with a judicial proceeding, court order, or legal process. The University will not sell, rent, or share with any third party or individual such personally identifiable information except for the purposes as described herein.
Collection and use of non-personally identifiable information. The University collects non-personally identifiable information about your visit to the University Website. This information may include the Uniform Resource Locator (URL) that you just came from (whether this URL is on this Website or not), which URL you next go to (whether this URL is on this Website or not), what browser you are using, and your IP address. This information is primarily used by the University to analyze web traffic and to improve the functionality and content of the Website and does not contain any personally identifiable information which may belong to you or any other individual. However, the University reserves the right to disclose or use this information for University purposes including, without limitation, in regard to its facilities, services, and other offerings. The University also reserves the right to disclose or use this information as required or as permitted by law when the University, in good faith, deems it necessary to protect its rights and/or to comply with a judicial proceeding, court order, or legal process.
Protection of your information. The University exercises great care in protecting your personally identifiable information such as, but not limited to, your user registration, user login, user sessions, and electronic communications to and from the University. UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE THE UNIVERSITY STRIVES TO PROTECT YOUR PERSONALLY IDENTIFIABLE INFORMATION, THE UNIVERSITY IS NOT ABLE TO ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM THE WEBSITE.
Internally, the University restricts access to your personally identifiable information to those who require access in order to provide services in connection your requests or inquiries that you have provided via the Website.
Accessing, correcting, and updating your information. You may at any time request access to the personally identifiable information that the University has collected about you and you may request corrections or updates to that information. The University will make reasonable efforts to respond promptly to all such requests, but reserves the right to limit such requests.