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Northwestern College website terms and conditions of use
These terms and conditions of use apply to your use of the admissions account system and the Northwestern College website. The admissions account system and Northwestern College website shall be henceforth referred to as “the website.” By using the website, you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you must immediately cease use of the website. The website is designed to provide you with information concerning Northwestern College, and to enable you to communicate with Northwestern College’s faculty, staff and students. You may not use the website for any other purpose. Northwestern College reserves the right to terminate or suspend your access to all or part of the website, without notice, for any use of the website that does not comply with these terms and conditions of use, as amended periodically.
You acknowledge and agree that all right, title and interests in and to the information, data, software, photographs, graphics, videos, music and other material (collectively, the “content”) contained in the website, including, without limitation, any copyrights in or to the content, belong to Northwestern College and you will not assert any claims to the contrary. You acknowledge that content on the website may change at any time, without any obligation on the part of Northwestern College to notify you of such changes.
You are responsible for keeping your password secret and confidential. You agree that you are responsible for all communications and other activity that occur using your password, including any obligation which may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused. You may not assign your password or any of your rights under this agreement without the prior written consent of Northwestern College, and any attempted assignment without such consent will be void.
You agree to provide true, accurate, current and complete information about yourself as prompted by the website, and to maintain and promptly update such information to keep it true, accurate, current and complete. Such information, together with any other information obtained from you or through your use of the website, is collectively referred to as “your information.” You acknowledge that by providing any of your information to the website, you consent to the transmission of such information over the Internet. You authorize Northwestern College to use your information for the purpose of facilitating your use of the website, including, without limitation, communicating with Northwestern College, personalizing communications to you, posting portions of your information on the website, and generally to improve the website. Northwestern College may disclose your information if required to do so by law or if such disclosure is deemed necessary to protect the rights and personal safety of other users of the website, Northwestern College, its students, faculty and staff.
You agree not to use the website:
- to upload, post, transmit or otherwise make available to other users of the website any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material;
- to impersonate any person or entity, including, without limitation, any student, faculty or staff member of Northwestern College, or otherwise misrepresent your identity;
- to upload, post, transmit or otherwise make available to other users of the website any computer viruses or other malicious code;
- to engage in any illegal activity; or otherwise in any manner that could give rise to any liability to Northwestern College or which might adversely affect Northwestern College’s or its affiliates’ public image, reputation or goodwill.
You are not permitted to
- edit, alter, modify or prepare any derivative works of the content or any portion thereof;
- remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in the website or the content; or
- re-sell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the content in any form.
You may not create any links to the website without the prior written consent of Northwestern College. You agree that Northwestern College does not undertake to and is not responsible for reviewing other websites to which the website may be linked periodically. Access to any other websites linked to the website is at your own discretion and risk.
Disclaimer of Warranty
THE website AND THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE website ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND Northwestern College HEREBY DISCLAIMS THE SAME. ANY USE OF THE website IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Northwestern College DOES NOT WARRANT THAT THE website WILL OPERATE UNINTERRUPTED OR ERROR-FREE, NOR DOES Northwestern College MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE website. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Northwestern College, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
The website is provided for your convenience. You agree that Northwestern College will not be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, and exemplary damages. Without limiting the generality of the foregoing, Northwestern College and its affiliates shall not be liable for any damages arising out of or relating to
- any use or inability to use any part of the website, including without limitation any errors, interruptions, delays in operation or transmission, or any failure of performance in the website (including,without limitation, any deletion, mis-delivery or failure to store communications by you);
- information or other content received through or from the website, including without limitation computer viruses or other malicious code;
- unauthorized access to or alteration of your transmissions or data; or
- interruption, suspension or termination of your access to the website, regardless of whether such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent. You are responsible for any errors you may make when using or submitting information through the website. If you are dissatisfied with any portion of the website, your sole and exclusive remedy is to discontinue using the website.
Northwestern College”,“http://www.nwciowa.edu” are all trademarks of Northwestern College. All users of such marks shall inure to the benefit of Northwestern College, and the use of Northwestern College’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. All other trademarks, trade names, service marks, logos, product names, and company names appearing on the website are the property of their respective owners.
No failure or delay on the part of Northwestern College to exercise any right or remedy under these Terms and Conditions of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or of any other right or remedy. No express waiver or assent by Northwestern College of any breach of or default in any term or condition of these terms and donditions of use by you will constitute a waiver of or assent to any succeeding breach of or default in the same or any other term or condition of these terms and conditions of use.
Northwestern College reserves the right to amend these terms and conditions of use at any time. You will be notified of any such amendments [and provided an opportunity to accept the amended terms and conditions]. Northwestern College may restrict your access to the website until you accept the amended terms and conditions.
These terms and conditions of use will be governed by and construed and enforced in accordance with the laws of the State of Iowa, United States of America, without regard to its conflict of law principles. Any and all disputes arising from or in connection with the website shall be subject to binding arbitration conducted by a single arbitrator in Orange City, Iowa, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that Northwestern College and its affiliates shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce these terms and conditions of use or its rights in the website and its content without first seeking or obtaining any decision in arbitration. If any provision of these terms and conditions of use is held invalid, such invalidity shall not affect any other provisions of these terms and conditions of use. Headings are inserted for reference only and shall not be construed as a part of these terms and conditions of use.