 |
 |
 |
 |
|
Thursday, July 29, 2010
|
|
|
|
|
|
 |
AGREEMENT BETWEEN USER AND
Riveredge, LLC
Diversity College Bound Scholars (DCBS) Web Site is comprised of
various Web pages operated and owned by Riveredge LLC.
DCBS is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of DCBS constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
Riveredge, LLC reserves the right to change the terms,
conditions, and notices under which the DCBS Web Site is offered, including but
not limited to the charges associated with the use of the DCBS Web Site.
LINKS TO THIRD PARTY SITES
The DCBS Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Riveredge, LLC and
Riveredge, LLC is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Riveredge, LLC is not responsible for
webcasting or any other form of transmission received from any Linked Site.
Riveredge, LLC is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Riveredge, LLC of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the DCBS Web Site, you warrant to
Riveredge, LLC that you will not use the DCBS Web Site for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not
use the DCBS Web Site in any manner which could damage, disable, overburden, or
impair the DCBS Web Site or interfere with any other party's use and enjoyment of
the DCBS Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the DCBS Web Sites.
Specifically, but not limited to:
-
Your intent in using DCBS is limited to evaluating participating students'
qualifications in attending your institution and communicating directly with
those students who you identify as meeting your qualifications.
-
You agree not to resell, redistribute, or in any way reveal any information you
receive from DCBS.
-
You agree that only personnel you authorize within your institution will have
access to DCBS.
-
You agree that all authorized users of DCBS will receive and agree to these Terms
of Use
-
You agree any communication between your institution and a participating
DCBS student will be limited to college outreach and recruitment.
USE OF COMMUNICATION
SERVICES
The DCBS Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete 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 uploaded.
-
Restrict or inhibit any other user from using and enjoying the Communication
Services.
-
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
-
Violate any applicable laws or regulations.
Riveredge, LLC has no obligation to monitor the Communication Services.
However, Riveredge, LLC reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Riveredge, LLC reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason
whatsoever.
Riveredge, LLC reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Riveredge, LLC 's sole discretion.
Riveredge, LLC does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Riveredge, LLC /
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized Riveredge, LLC
spokespersons, and their views do not necessarily reflect those of Riveredge,
LLC .
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO
Riveredge, LLC OR POSTED AT ANY DCBS WEB SITE
Riveredge, LLC does not claim ownership of the materials
you provide to Riveredge, LLC (including feedback and suggestions) or
post, upload, input or submit to any DCBS Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Riveredge, LLC ,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Riveredge, LLC is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Riveredge, LLC 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE DCBS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Riveredge, LLC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DCBS WEB
SITE AT ANY TIME.
Riveredge, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
DCBS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Riveredge, LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Riveredge,
LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DCBS WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE DCBS WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DCBS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE DCBS WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Riveredge, LLC OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DCBS WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
DCBS WEB SITE.
SERVICE CONTACT :
TERMINATION/ACCESS
RESTRICTION
Riveredge, LLC reserves the right, in its sole discretion,
to terminate your access to the DCBS Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in Ozaukee County, Wisconsin, U.S.A. in all disputes arising out of or
relating to the use of the DCBS Web Site. Use of the DCBS Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Riveredge, LLC as a result of this agreement or use of the DCBS Web
Site. Riveredge, LLC 's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Riveredge, LLC 's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the DCBS Web
Site or information provided to or gathered by Riveredge, LLC with respect
to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
Riveredge, LLC with respect to the DCBS Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Riveredge, LLC with respect to the DCBS
Web Site. 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. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Diversity College Bound Scholars Web Site are: Copyright 2009 by
Riveredge, LLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement
|
|
 |
|
|
|
|
|
 |
|
|
|
 |
 |
 |
 |
|
|