Asbury University (Asbury) administers this Web site (“the site”). The terms and conditions set forth below (“the agreement”) apply to all users accessing the site whether on campus or from remote locations. Please read the following information carefully.
Because the Internet is an evolving medium, the terms of this agreement may change from time to time. Please periodically review and become familiar with these terms. Continued use of the site after the posting of changes to these terms will signify the user’s acceptance of these changes. Asbury may immediately terminate any individual’s use of this site and/or such user’s password(s) or account(s) in the event the user violates the terms of this agreement or engages in conduct that Asbury, in its sole discretion, considers unacceptable. Such removal or termination may occur without notice to the user.
Copyright Asbury University 2010. All Rights Reserved.
Although the site is freely accessible, Asbury does not intend to cede its respective rights, or anyone else’s rights, to the materials appearing on the site. Unless otherwise noted, Asbury owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the site. To encourage a free and continuous flow of information, users are permitted (which may be revoked at any time) to download the material in the site for private, non-commercial use only, without alterations, as long as the copyright notice appearing on the downloaded material, “Copyright Asbury University 2010. All Rights Reserved” is included. By downloading material from the site, the user agrees that there is no explicit or implicit transfer of ownership rights.
If the user considers any material appearing on the site to be a copyright infringement and would like to report it, please send an e-mail to firstname.lastname@example.org.
The Asbury University marks and associated logos are trademarks and service marks of Asbury. All other trademarks, service marks, and logos used in the site are the trademarks, service marks, or logos of their respective owners. No trademark or service mark appearing on the site may be used without the prior written consent of the mark’s owner.
Code of Conduct
Users agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of use of the site.
- Restricting or inhibiting any other user from using and enjoying the site and services;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind;
- Posting or transmitting any advertisement, promotion, or solicitation of goods or services for commercial purposes without Asbury’s prior written approval;
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
- Using the site for any commercial or unlawful purposes; or
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the site.
Users agree to indemnify, defend, and hold Asbury harmless from and against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of or from:
(a) user’s breach of this agreement;
(b) user’s violation of the Code of Conduct above; or
(c) user’s activities in connection with the site or site-related services.
Use of the site indicates that the user agrees to be bound by the terms of the agreement. If user does not agree to the terms of this agreement, please do not enter the site. For users who are not yet eighteen years of age, a parent or guardian may agree to be bound by the terms of this agreement on minor’s behalf.
Users are free to license or purchase products or services described on the site. Merchants or applicable service providers may ask for certain information including but not limited to credit card or other payment information. Users must provide to any such merchant or service provider information that is accurate, complete, and current. Users agree to review and to comply with the terms and conditions of any specific agreement into which users enter with the merchant and/or service provider in connection with the licensing or purchase of any product or service. All charges appearing on user’s account, credit card, or other payment mechanism are the responsibility of the user. Users are also responsible for paying any applicable taxes relating to the purchase.
Where permitted, users may submit any text, images, data, or other materials (“content”) to the site. In so doing, users acknowledge and agree that the grant of content to Asbury is a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate content.
Further, by submitting content to the site, users certify ownership authority to grant such rights to Asbury and acknowledge that the burden of determining whether any content posted or transmitted to the site by user is protected by copyright rests solely with user.
Contests and Promotions
Users acknowledge that if and when Asbury sponsors contests and promotions (“special program”), or third parties sponsor a special program in conjunction with the site, either Asbury or the third party will post terms and conditions in the official rules and/or registration area for the special program that apply to the particular special program. Those terms and conditions, to the extent they conflict with this agreement, will govern that particular special program.
Use of Secure Area and Password
With Asbury’s grant of a password, users are given access to any password-protected area on the site. Users may not distribute the password to others unless first granted Asbury’s written authorization to do so. Users are responsible for all uses of their password.
Users acknowledge and agree that Asbury has the right, but not the responsibility, to monitor the site and site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the site properly; to protect itself, its sponsors and users of the site; to comply with legal obligations or governmental requests; or to respond to any circumstance that Asbury deems to be an emergency. Asbury reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive, or in violation of this agreement, in the sole determination of Asbury.
The Web site, including any content or information contained within it or any site-related service, or any product or service licensed or purchased through the site, is provided on an “as is” basis without warranties of any kind, with express, implied, or statutory, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Users acknowledge that any warranty provided in connection with any of the products or services described herein is provided solely by the owner, advertiser, or manufacturer of that product and/or service, and not by the site and/or site-related services. Users assume total responsibility and risk for their use of this site and site-related services.
Neither Asbury, nor its employees, agents, sponsors, third-party content providers, or licensors are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the site, site-related services, and/or content or information contained within the site. Users specifically acknowledge that Asbury is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with the user. Users’ sole remedy for dissatisfaction with the site, site-related services, and/or content or information contained within the site is to stop using the site and/or those services.
Although Asbury attempts to ensure the integrity of the site, the possibility exists that the site could include inaccuracies or errors, unauthorized additions, deletions, or alterations made by third parties to the site. Asbury makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Asbury at email@example.com.
In many instances, the content available through the site represents the opinions and judgments of the respective information provider, Web site user, or other user not under contract with Asbury. Asbury neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized Asbury employee spokespersons while acting in their official capacities. Under no circumstances will Asbury be liable for any loss or damage caused by the user’s reliance on information obtained through the site. It is the user’s responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site.
Links to Other Web Sites and Services
Parental Control Provisions
Pursuant to 47 U.S.C. Section 230(d), as amended, Asbury hereby notifies users that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist users in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org/.
Void where Prohibited
Although the site is accessible worldwide, not all products or services discussed or referenced in or on the site are available to all persons or in all geographic locations or jurisdictions. Asbury reserves the right to limit the availability of the site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in Asbury’s sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on the site is void where prohibited.
Restricted Rights Legend
Use, duplication, or disclosure by the government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is Asbury University, One Macklem Drive, Wilmore, KY 40390.
This agreement is entered into in the commonwealth of Kentucky and shall be governed by and construed in accordance with the laws of the commonwealth of Kentucky, exclusive of its choice of law rules. Each party to this agreement hereby submits to the exclusive jurisdiction of the state and federal courts in the commonwealth of Kentucky, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement shall be held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter herein, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision herein.
Asbury may at any time change the site, including eliminating or discontinuing any content or feature of the site, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the site, or by electronic mail, or by conventional mail. Use of the site after such notice shall be deemed to constitute user’s acceptance of such changes, modifications, additions, or deletions.
One Macklem Drive
Wilmore, KY 40390