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This
Internet site, Unofficial Student Manual ("USM")
located at
www.student-manual.com
, is an on-line information service free of charge
to any user who agrees to be bound by the terms and
conditions of this Web Site Agreement. Please read
this Agreement carefully before accessing USM or
using any of its features. By accessing USM or using
any of its features, you agree to be legally bound
by the terms and conditions hereof. If you do not
agree to be bound by any of such terms and
conditions, you may not access USM or use any of its
features. USM reserves the right to change the terms
and conditions hereof without prior notice at any
time and from time to time and any such change shall
be effective immediately upon posting the changed
Agreement on USM. The effective date indicated at
the top of this page will be updated to indicate
that changes have been made. You should, as a
condition of continuing to access USM and use its
features, periodically review the terms of this
Agreement and such continued access and/or use shall
be deemed to be conclusive evidence of your
agreement to be bound by any such changed Agreement.
INTELLECTUAL
PROPERTY
The
content appearing on USM (including, without
limitation, all articles, text, images, logos,
features and designs) ("USM Content") is
owned by USM and/or its licensees, and is protected
by United States and international copyright,
trademark and other intellectual property laws. USM
Content may be copied and distributed on a limited
basis for non-commercial purposes only; provided
that any USM Content so copied or distributed
remains intact in un-modified form and that all
copies bear the following notice in a clearly
visible position: "Copyright (c) 1995-2001 USM,
Inc. All rights reserved." USM Content may not
be modified in any manner or copied or distributed
(in electronic form or in any other media now or
hereafter existing), including by framing or similar
means, for commercial purposes or for compensation
of any kind without the prior written permission of
USM.
You
hereby grant to USM a non-exclusive, royalty-free,
worldwide, perpetual, irrevocable, sub-licensable,
license to use, copy, modify, adapt, perform and
distribute (in electronic form or in any other media
now or hereafter existing) and create derivative
works of, any materials and/or information
(including, without limitation, ideas contained
therein for new or improved products or services)
you submit to any public areas of USM (such as
listings services, bulletin boards, forums, chat
rooms or newsgroups) or to USM by e-mail or any
other means ("User Content").
USE
OF USM SITE
USM
desires to help protect its users and the Internet
community from irresponsible or illegal activities.
USM may only be used in a lawful manner, for lawful
purposes and in a way which does not interfere with
or disrupt the use of the Internet by others.
Accordingly, you agree not to take any of the
following actions while using USM or any of its
features:
1.
transmit via USM any User Content which USM
considers to be unlawful, harmful, threatening,
abusive, harassing, defamatory, obscene, hateful,
racially, ethnically or otherwise objectionable;
2.
post or transmit any unsolicited User Content
in the nature of advertising or promotional
materials unless as part of an organizational home
page, event listing, or other listing maintained by
a Licensed Organization (as defined below); or
3.
post or transmit User Content which contains
any virus, worm, Trojan horse or other contaminating
or destructive feature ("Harmful Code").
All
User Content originated or distributed by you shall
comply with all applicable laws respecting the
content of published matter (in electronic form or
any other media now or hereafter existing),
including laws respecting obscenity, pornography,
defamation, copyright, trademark and other
intellectual or intangible property rights. You
agree to indemnify and hold harmless USM from any
claim, expense, loss or damage, including reasonable
attorneys' fees, arising out of or resulting from
your use of USM or any of its features, including
resulting from the publication, distribution or
redistribution of your User Content or the use of
such User Content by any person (including, but not
limited to liability resulting from any Harmful
Code).
A
Licensed Organization is a not-for-profit college
student organization recognized by an accredited
college or university, an official department within
an accredited college or university, a
not-for-profit organization associated with a
college or university which is currently accepted by
USM in its sole discretion, or any other
organization which has been specifically licensed by
USM in writing. USM reserves the right to revoke the
Licensed Organization status of any organization at
any time if that organization violates the terms of
this Agreement.
CONTENT
USM
contains links to third party sites which will let
you leave USM. These linked sites are not under
USM's control and USM is not responsible for the
contents of any such linked site (including links to
additional sites). Links to sites outside USM are
provided as a convenience to USM users and the
inclusion of any such third party link does not
constitute endorsement by USM of any product or
content on or available through any such third-party
site.
You
assume all responsibility and risk for your use of
USM and its features. USM does not, as a matter of
policy, screen or monitor the content of USM,
however, USM has the right, but not the obligation,
to remove any such content, including User Content,
from USM if USM determines that such content is
unlawful, harmful, offensive or otherwise violates
the terms of this Agreement.
DISCLAIMER
OF WARRANTIES
You
hereby agree that the use of USM and its features is
at your own risk. USM is provided on an "as
is," "as available" basis without
warranties of any kind, express or implied,
including any implied warranty of merchantability or
fitness for a particular purpose and
non-infringement, all of which are expressly
disclaimed. USM shall not be responsible for any
damages suffered by you as a result of any delay,
interruption, termination or other failure or
cessation of USM, including, but not limited to,
loss of data whether or not caused by USM's own
negligence or your errors, and/or omissions. Use of
any information obtained via USM is at your own risk
and USM cannot guarantee the accuracy or security of
any such content. USM specifically disclaims
responsibility for the accuracy, completeness or
quality of the information obtained from or through
USM. No advice or information, whether oral or
written obtained by you from USM or USM shall create
any warranty not expressly stated herein.
USM
does not warrant that information or content
appearing on USM is free from Harmful Code. You
understand and agree that any content downloaded or
otherwise obtained by you through the use of USM is
obtained at your own risk and discretion and that
you will be solely responsible for any damages to
your computer system or loss of data that results
from the downloading of such content.
LIMITATION
OF LIABILITY
You
further agree that, to the fullest extent
permissible under applicable law, USM shall not be
liable for any direct, special, incidental,
indirect, punitive or consequential damages or for
lost profits, business or revenues, arising out of,
or in connection with, the use of USM or its
features (or the inability to use the same),
including any claim attributable to errors,
omissions or other inaccuracies in the content
appearing in USM, whether suffered by you or any
party claiming rights derived from you, even if USM
shall have been advised in advance of the
possibility of such potential loss or damage.
MISCELLANEOUS
This
Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon as
applied to contracts made and performed wholly
within Oregon and you hereby irrevocably submit to
the personal jurisdiction of the courts (state and
federal) located within Oregon. The provisions of
this Agreement are severable and separate and that
the unenforceability of any specific provision shall
not affect the validity of any other provision
hereof. The limitations of liability and indemnity
provisions in this Agreement are for the benefit of
USM, its officers, members, employees, agents,
suppliers, licensors and any third party content
providers to USM and each such party shall be
entitled to enforce this Agreement directly against
you on its own behalf.
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