Website Terms of Use

 

Website Terms of Use

 

PLEASE REVIEW BEFORE USING THIS WEBSITE - IF YOU DO NOT AGREE

TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

 

General Description

Welcome to the Northwest Five Colleges (NW5C) website. These Terms of Use contain ground rules for your use of the Services (the "Terms"). By accessing, using, or contributing to the Services, and in consideration for the Services provided to you, you agree to abide by the Terms.

 

NW5C may change the Terms from time to time, at NW5C's sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms. These Terms supersede any verbal changes and can only be modified by written agreement signed by an officer of NW5C.

 

Account Registration

To utilize the Services, or certain portions thereof, you may be required to complete a registration and submission process and establish an NW5C account ("NW5C Account"). You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

 

Password and Security

As a registered user of NW5C , you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and NW5C Account(s). You understand and agree that you are fully responsible for all actions and postings made from your NW5C Account (s). Any accounts you create are not transferrable. You agree to notify the NW5C immediately if you become aware of any unauthorized use of your NW5C Account(s).

 

Content

Personal Use Only

The Services are provided solely for personal, non-commercial use. You may not take any material from this website and reformat, repost, or redisplay it for commercial purposes.

 

Contributed Content

You understand and agree that a third-party may, without your consent, employ for personal use any contributed content. Contributed content should be relevant to the subject scope of NW5C. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. NW5C does not pre-screen or regularly review any contributed content, but NW5C has the right (though not the obligation) to remove, without notice, any content posted which we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services. NW5C may terminate any account, with or without notice, for posting such content.

 

Copyright and Trade Marks

Any person who provides any material for inclusion on the NW5C webpage is responsible for ensuring that this material does not violate other parties' copyright or other proprietary rights and does not otherwise violate law or applicable NW5C policy. As part of its general right to remove material, NW5C reserves the right in its sole discretion to delete or make inaccessible files that do or may contain material that violates law, or applicable NW5C policy, or the rights of third parties.

 

Termination

NW5C reserves the right to terminate your NW5C Account or restrict access to your NW5C Account, or to delete any content posted through your NW5C Account, with or without notice, for any or for no reason.

 

Linking

You understand that NW5C has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that NW5C endorses or is affiliated with any third-party website. You agree that NW5C bears no responsibility or liability for any content accessed or harm caused from any third-party website.

 

User Representations and Warranties

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You represent and warrant that you will not use any software, which sends repeated queries to NW5C, or otherwise send automated queries of any sort to NW5C. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

 

Indemnities

You acknowledge and agree to indemnify and hold NW5C, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of NW5C or the Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

 

You acknowledge and agree to indemnify and hold NW5C, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by you against any third party due to or arising out of the third party’s use of contributed content, NW5C or the Services, a third party’s violation of these Terms, or the infringement by a third party of any intellectual property or other right of any person or entity.

 

 

 

General Terms

Modifications

 

NW5C reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

 

Termination of Service

NW5C disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. NW5C reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

 

Extent of Terms

The Terms apply to use of and contribution to NW5C and any account provided therefore. NW5C may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

 

No Waiver of Terms

Failure of NW5C to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

 

Governing Law and Entire Agreement

These Terms are governed by the laws of the State of Oregon, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Oregon in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. Any action filed against NW5C or its consortium members shall be filed in a state court in Marion County, Oregon or in a federal district court for the District of Oregon. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

 

 

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

NW5C IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NW5C MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NW5C HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NW5C WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NW5C OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF NW5C, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. THE RESPECTIVE LIABILITY OF , ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.