Last Updated: June 2012
THIS AGREEMENT INCLUDES:
- Agreement to Contract Electronically
- Intellectual Property
- Rules of Conduct
- Links to Third Party Sites
- No Warranty General
- No Warranty; Information, Recruiters, Colleges, Universities
- Limitation of Liability
- General Legal Provisions
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Service Agreement, combined with your accessing and using this Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Personal Account: You are responsible for the accuracy of the information included in your Personal Account and for: (1) keeping your Personal Account current and updating information as necessary; and (2) maintaining the confidentiality of your Personal Account passwords. You are responsible for all usage and activity on your Personal Account including use of the account by your Authorized Recruiter, Authorized Colleges and/or any third party authorized by you to use your password. You agree to accept responsibility for all activity that occurs on your Personal Account.
Unauthorized Use of Your Personal Account
You must immediately notify Intead of any known or suspected unauthorized use(s) of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card and/or financial information. Please report any unauthorized use to firstname.lastname@example.org.
Restrictions: Intead is dedicated to providing a safe environment for all Site users and to that end, no end user may: (1) use an account of another person with the intent to impersonate that person; or (2) use an account to which another person has rights without such person’s explicit authorization. Failure to comply with the foregoing is considered a breach of this Agreement, which may result in immediate termination of your Personal Account and blocked access to the Site.
Intead Rights to Your Personal Account: Intead may access, preserve and disclose your Personal Account information and (defined below) to provide services, if required to do so by law and/or if Intead, in its sole discretion, believes that such access, preservation or disclosure is reasonably necessary to: (1) comply with a legal authorities, agencies and/or processes; (2) enforce this Agreement; and (3) protect the rights, privacy or safety of Intead and our affiliates, partners, Colleges, Universities, Recruiters, end users and the public.
Term of Personal Account: Intead may maintain your Personal Account for as long as it performs Site services and to provide information to end users as Intead and/or its partners or affiliates offer additional products and services. Detailed information as to how you may request the removal of your Personal Account please email email@example.com.
3. INTELLECTUAL PROPERTY
Ownership. This Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the “Site Content”). Intead, its affiliates and third-party content providers own all right, title and interest in and to the Site Content. You acknowledge and agree that the Site Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws throughout the world. Except for the limited license granted in this Agreement, nothing grants you any license, title, or ownership of or to the Site Content.
Limited License. Subject to this Agreement, Intead grants you a limited right and license to copy and use, on one personal computer, this Site and any Site Content, features, services, software and technology on this Site (collectively the “Materials”) solely for your personal, non-commercial use. No other use of the Materials is authorized. Except as expressly authorized by Intead, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Materials in whole or in part. Framing Materials or posting any Materials on other web sites is strictly prohibited.
Restrictions. You may not remove any proprietary notices included in any Materials. You shall not resell, rent, lease or provide Materials to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for herein), or create new works from, any of the Materials in whole or in part. You are specifically prohibited from using any of the Content for any commercial purposes and shall not send commercial advertising or mass mailings of any kind. You may not reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or Materials in any manner that is inconsistent with the limited licenses granted herein. Intead reserves the right to block your use of the Site and Materials and any portions thereof, cancel any Personal Accounts, memberships or subscriptions for violation of any of these rules.
Infringements. If you think that any of the content or information posted to this Site infringes a copyright, trademark, patent or other right of another party, please send an email to firstname.lastname@example.org.
4. RULES OF CONDUCT: CHAT ROOMS, MESSAGE BOARDS, ETC.
The Site includes areas that allow end-users to participate in forums such as, but not limited to, chat rooms and message boards. Intead has adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner.
All information, email, text, photographs, software, music, graphics, video, messages or other materials (“User Content”), whether publicly posted, or privately submitted, by senders are the sole responsibility of the sender. You are solely responsible for any User Content that you upload, transmit, post, send, email or otherwise make available via the Site. Intead is not liable for any or for any errors or omissions in or for any loss or damage incurred as a result of the use of any User Content made available on the Site.
The following conduct is prohibited on, or in connection with, the Site:
- sending unlawful, harassing, abusive or threatening messages;
- sending obscene or pornographic messages or images;
- sending hateful, defamatory or libelous messages;
- transmitting any information that may harm minors;
- transmitting any communication or that you do not have a right to under a contractual or fiduciary relationship, that infringes a third party intellectual property right or violates a proprietary right of any third party;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- sending messages in furtherance of unlawful, criminal or fraudulent activity;
- attempting to conceal or misrepresent the identity of the sender;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of a message;
- sending any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- deleting any legal notices, disclaimers or proprietary notices;
- disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfering or disrupting the Site servers or networks or any servers or networks connected to the Site; or
- violating any United States state or federal law and/or any applicable international law.
These rules of conduct are strictly enforced. A violation of these rules of conduct will not be tolerated and may result in the sender being blocked from use of the Site. If the sender is a member of a subscription or membership service, Intead may disable the sender’s account without compensation or refund.
INTEAD RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES AND/OR LAW ENFORCEMENT AUTHORITIES, INFORMATION ABOUT A COMMUNICATION ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER ANDCOOKIE NUMBERS, TRANSMISSION DATA, PAST ANDSUBSEQUENT SERVICE USE, ANDANY OTHER INFORMATION DEEMED NECESSARY BY IINTEAD TO ADDRESS ACTUAL OR AELLEGED VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAYBE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
By transmitting, posting, emailing, uploading or otherwise making User Content available on or via the Site, you represent and warrant to Intead that you have all right, title and interest in and to such User Content and grant Intead a perpetual, irrevocable, world-wide, royalty free, non-exclusive right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform and display the User Content in any media, form, format, or forum now known or hereafter developed. Intead may, but is not obligated to, monitor User Content and reserves the right, in its sole discretion, to block, refuse or remove any User Content from the Site without notice.
6. LINKS TO THIRD PARTY SITES
Third parties may offer products and services for sale on the Site and/or via links to third party sites. Intead is not responsible for, and does not warrant that the products and services offered by third parties. Intead does not assume any responsibility or liability for the products and/or services offered by third parties. Please be sure to review these third parties terms of sale, terms of service and privacy policies prior to purchasing any products and/or services.
7. NO WARRANTY GENERAL
THE CONTENT, SERVICES, MATERIALS, PRODUCTS ANDSITEAREPROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE, UNINTERUPTED ACCESS AND/OR INFRINGEMENT.
WHILE INTEAD USES REASONABLE EFFORTS TO INCLUDE ACCURATEANDUP TO DATE INFORMATION ON THESITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, PRODUCTS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANYDATA, TEXT, IMAGES, VIDEO, SOUNDS OR COMPUTER PROGRAMS,ANDASSUME NO LIABILITY OR RESPONSIBILITY FOR TRUTH, ACCURACY OR COMPLETENESSAND/OR ANY VIRUSES THATMAYINFECT YOUR COMPUTER OR OTHER PROPERTY IN CONNECTION WITH YOUR USE OF THESITE.
THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND INTEAD DOES NOT PROMOTE OR ENDORSE ANY PARTICULAR RECRUITER, COLLEGE, UNIVERSITY OR EDUCATIONAL PROGRAMS WHO PARTICIPATE ON THIS SITE. YOU SHOULD COMMUNICATE DIRECTLY WITH YOUR AUTHROIZED RECRUITER TO DISCUSS THIS SITE AND THE INFORMATION CONTAINED HEREIN. BECAUSE THE SERVICE MERELY SERVES AS A PLATFORM TO FACILITATE COMMUNICATION BETWEEN USERS AND THEIR AUTHORIZED RECRUITERS AND AUTHORIZED COLLEGES AND UNIVERSITIES WHO PARTICIPATE ON THE PLATFORM, INTEAD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT COMPLIANCE WITH GOVERNMENT REGULATIONS WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED, SOLD OR ADVERTISED HEREIN.
8. NO WARRANTY; INFORMATION, RECRUITERS, COLLEGES, UNIVERSITIES
INTEAD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY A THIRD PARTY), MATERIALS, SERVICES, AS WELL AS THE ADVICE FROM ANY RECRUITER, COLLEGE OR UNIVERSITY PROVIDED ON THIS SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT. INTEAD HAS NOT REVIEWED THE CREDENTIALS OF RECRUITERS PARTICIPATING ON THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO RECRUITER QUALIFICATIONS. INTEAD DOES NOT REPRESENT OR WARRANT THAT USE OF THE SITE GUARANTEES ADMISSION INTO ANY COLLEGE, UNIVERSITY OR OTHER EDICATIONAL PROGRAMS.MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ADMISSION QUALIFICATIONS, REQUIREMENTS.
9. LIMITATION OF LIABILITY
NEITHER INTEADNORANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS (“AFFILIATES”)ARELIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARYAND/OR INCIDENTAL DAMAGES OF ANY KIND IN ANY WAY ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE THESITEOR FROM YOUR RELIANCE ON ANY CONTENTAND/OR INFORMATION PROVIDED ON THESITE, OR ON THIRD PARTY SITES LINKED TO FROM THESITE, FOR FAILURE OF ELECTRONIC COMMUNICATIONS SENT THROUGH THESITETO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER, EVEN IF INTEADHASBEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, THIS LIMITATION APPLIES TOALLCAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONANDANY OTHER TORT. IF THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE OR INAPPLICABLE, FOR ANY REASON, YOU AGREE THAT INTEAD AND ITS AFFILIATES AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THESITEOR $100.00 DOLLARS (WHICHEVER IS LESS).
NEITHER INTEAD NORITS AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY UPLOADED OR TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAYENCOUNTER IN USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INTEAD AND ITS AFFILIATES FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR USER CONTENT MADE AVAILABLE BY YOU ON THE SITE.
SOME JURISDICTIONS IN THE UNITED STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. GENERAL LEGAL PROVISIONS
Reservation of Rights. Intead reserves the right to: (1) deny or block access to the Site to anyone at anytime and to terminate this Agreement at anytime without notice, in its sole discretion; (2) send you electronic mail regarding billing, administrative, or legal matters relating to the Site, products and/or services; and (3) to block any User Content on the Site.
Customer Service. If you have any questions regarding this Agreement, or wish to request a cancellation of any service subscription or membership send an email to email@example.com
Modifications. Intead may discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.
Monitoring. Intead has no obligation to monitor this Site or any use thereof or to retain the content of any user session. Intead reserves the right, but has no obligation to monitor, review, retain, and/or disclose any user information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. Intead may use IP addresses to identify a user when we feel it is necessary to comply with any applicable law and/or to protect our Site, visitors or others.
Termination. At any time and without prior notice, Intead may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other applicable government agencies; (3) discontinuance or material modification to the Site (or any part thereof); (4) non-payment of service fees; and/or (5) unexpected technical or security issues or problems. You agree that all terminations for cause are at Intead’s sole discretion and Intead is no liable to you or any third party for any termination of your Personal Account and/or any associated e-mail address or access to the Site.
Indemnification. You agree to defend, indemnify and hold Intead, its Affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, actions or demands, liabilities, settlements and expenses (including attorneys’ fees) that may arise from use of the Site by you or any person accessing the Site using your password, any Personal Account, membership or subscription set up in connection with the Site, User Content uploaded to the Site, violation of the rights of others and/or breach of this Agreement.
Fees and Taxes. You are responsible to pay all fees and charges incurred through your purchase of any services and/or products at the rates in effect for the billing period in which such fees and charges are incurred. Intead reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. All purchases include applicable taxes in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on this Site.
Waiver. Intead’s failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any other term or condition.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions herein remain in full force and effect.
Assignment. Inteadmay assign its rights and duties under this Agreement to any party at any time without notice to you and without your approval.
Applicable Law and Jurisdiction. The Site is controlled and operated by Intead, Inc. a company located in the United States of America with offices located in Cleveland, Ohio. This Agreement is governed and controlled by the laws of theUnited States of America and the State ofOhio. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved through arbitration and/or in the courts ofCleveland,Ohio. In addition, you consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. Neither Intead nor its Affiliates make any representation that the Site, Services, Products, Materials and/or Content are appropriate or available for use in locations outside theUnited States. Those who choose to access this Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from theUnited States of the country in which you reside.