1. Read This. This Agreement contains the terms and conditions that govern your use of the www.duhoc-o-canada.com or any other St. Ambrose websites (“Site” or “Sites”). If you do not wish to be bound by this Agreement after you have read it, please promptly exit all Sites. This Site is registered to and hosted by St. Ambrose University (“duhoc-o-canada.com”) (collectively, “we” , “us”, or “our”).BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
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7. Hyper-Links. This Site may be hyper-linked to other sites which are not maintained by or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at the user”s own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyperlinked to this Site.
C. Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Posting of any child pornography, or obscene or defamatory material. You agree that you will not Post in connection with this Site any Prohibited Material. Prohibited Material is material that:
you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);advocates illegal activity or discusses an intent to commit an illegal act;is vulgar, obscene, pornographic, or indecent;does not pertain directly to this Site;threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;harvests or otherwise collects information about others, including email addresses, without their consent;violates any law or may be considered to violate any law;impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/ or soliciting goods or services) except as may be specifically authorized on this Site;solicits funds, advertisers or sponsors;includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;disobeys any policy or regulation including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; orcontains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
D. Removal Right. You expressly agree that we may remove, disable or restrict access to or the availability of any Content or Submission from this Site (including, but not limited to, content which you have Posted or stored) which we believe, in our discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us. We also reserve the right at all times to edit, refuse to Post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe that we have acted mistakenly with respect to certain Content or Submissions, you may contact us by clicking here , in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Submissions and Content at this Site is a privilege, not a right. You agree that under no circumstances may we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling or restricting access to or the availability of Submissions and/or Content.
In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration number of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
Attn.Mary HeinzmanSt. Ambrose University518 West Locust StreetDavenport, Iowa 52803
11. Limitation on Liability. duhoc-o-canada.com, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF duhoc-o-canada.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF duhoc-o-canada.com AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AMOUNT YOU HAVE PAID TO duhoc-o-canada.com FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
13. Security. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). duhoc-o-canada.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that duhoc-o-canada.com considers insecure, duhoc-o-canada.com will be entitled to require the password to be changed and/or terminate your account.
C. No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and duhoc-o-canada.com as a result of this Agreement or use of duhoc-o-canada.com”s websites.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
E. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
F. Non-Waiver. The failure of duhoc-o-canada.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
G. Titles. The section titles are for convenience only and have no legal or contractual effect.
Indemnification. St. Ambrose University assumes no liability of any user with respect to his or her use of duhoc-o-canada.comNET. User agrees to indemnify and hold harmless St. Ambrose University, its trustees, officers, employees and agents from any and all claims, demands, actions, causes of action, suits, damages, liabilities and costs and expenses of every nature, including attorney”s fees, relating to or arising out of the use of duhoc-o-canada.comNET. This indemnification shall include, but is not limited to, any and all claims or suits for which either party is alleged or found to have been wholly or partially negligent.