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Terms of Use
DATE OF LAST REVISION: APRIL 1, 2009
Welcome to INDEGREE™ , a professional networking site for graduate degree holders
that enhances opportunities in the workplace. The INDEGREE™ service and network
(collectively, " INDEGREE™ " or "the Service") are operated
by INDEGREE™ and its corporate affiliates (collectively, "us", "we"
or "the Company"). By accessing or using our web site at www.indegree.com
(the "Site"), you (the "User") signify that you have read, understand
and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are a registered member of INDEGREE™ . We reserve the right,
at our sole discretion, to change, modify, add, or delete portions of these Terms
of Use at any time without further notice. If we do this, we will post the changes
to these Terms of Use on this page and will indicate at the top of this page the
date these terms were last revised. Your continued use of the Service or the Site
after any such changes constitutes your acceptance of the new Terms of Use. If you
do not agree to abide by these or any future Terms of Use, do not use or access
(or continue to use or access) the Service or the Site. It is your responsibility
to regularly check the Site to determine if there have been changes to these Terms
of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are currently receiving a graduate degree, have received a graduate
degree in the past, any academic institution who offers graduate degree services
and employers who are targeting graduate degree holders. Any registration by, use
of or access to the Site by anyone not included in the aforementioned sentence is
unauthorized, unlicensed and in violation of these Terms of Use. By using the Service
or the Site, you represent and warrant that you fall into one of the following categories:
a user who is currently receiving a graduate degree, a user who received a graduate
degree in the past, any academic institution (University, College of Program including
administrators, deans and teachers) who offer graduate degree services or an employer
who is targeting graduate degree holders and that you agree to and to abide by all
of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to Company, to keep it accurate, current and complete;
and (d) be fully responsible for all use of your account and for any actions that
take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"),
are the proprietary property of the Company, its users or its licensors with all
rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or
by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. Provided that you are eligible for use of the
Site, you are granted a limited license to access and use the Site and the Site
Content and to download or print a copy of any portion of the Site Content to which
you have properly gained access solely for your personal use, provided that you
keep all copyright or other proprietary notices intact. Except for your own User
Content, you may not upload or republish Site Content on any Internet, Intranet
or Extranet site or incorporate the information in any other database or compilation,
and any other use of the Site Content is strictly prohibited. Such license is subject
to these Terms of Use and does not include use of any data mining, robots or similar
data gathering or extraction methods. Any use of the Site or the Site Content other
than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms of Use shall be construed as conferring any license
to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
Trademarks
INDEGREE™, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, trademarks or trade dress of Company in the U.S. and/or
other countries. Company's trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product
or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
the Company.
User Conduct
You understand that advertising programs offered by the Site are available for your
personal, non-commercial use only. You represent, warrant and agree that no materials
of any kind submitted through your account or otherwise posted, transmitted, or
shared by you on or through the Service will violate or infringe upon the rights
of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the Site to:
- use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the
Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, pornographic,
abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy
or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the messages, text, information, photos, video, files,
advertisements and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share
with other users (collectively the "User Content"). You may not post,
transmit, or share User Content on the Site or Service that you did not create or
that you do not have permission to post. You understand and agree that the Company
may, but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the Company violates
this Agreement or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are solely responsible at your
sole cost and expense for creating backup copies and replacing any User Content
you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. You may remove your User Content from the Site
at any time. You acknowledge that the Company may retain archived copies of your
User Content. INDEGREE™ does not assert any ownership over your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the INDEGREE™ website or service
any materials that violate another party's intellectual property rights. When we
receive proper Notification of Alleged Copyright Infringement we promptly remove
or disable access to the allegedly infringing material and terminate the accounts
of repeat infringers as described herein in accordance with the Digital Millenium
Copyright Act. If you believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such infringement
to our Designated Agent.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Company has adopted a policy of terminating, in appropriate circumstances and
at Company's sole discretion, members who are deemed to be repeat infringers. Company
may also at its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, applications,
software and other content or items belonging to or originating from third parties
(the "Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated, monitored
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Sites accessed through the Site or any Third Party
Applications, Software or Content posted on, available through or installed from
the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained in the Third Party Sites or
the Third Party Applications, Software or Content. Inclusion of, linking to or permitting
the use or installation of any Third Party Site or any Third Party Applications,
Software or Content does not imply approval or endorsement thereof by us. If you
decide to leave the Site and access the Third Party Sites or to use or install any
Third Party Applications, Software or Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
Postings
Company offers features whereby users of the Site can share with others or post
to the “Whiteboard” which may include text, messages, spreadsheets, pictures, music,
videos, articles and other Third Party Applications, Software or Content from, and/or
links to, Third Party Sites. You acknowledge and agree that your use of the site
and all links, User Content or Third Party Applications, Software or Content shared
through the site and is subject to, and will fully comply with the user conduct
rules set forth above.
User Disputes
You are solely responsible for your interactions with other INDEGREE™ users. We
reserve the right, but have no obligation, to monitor disputes between you and other
users.
Privacy
We care about the privacy of our users. INDEGREE™ maintains a stringent Privacy
Policy. By using the Site or the Service, you are consenting to have your personal
data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by INDEGREE™, by third
parties or by any of the equipment or programming associated with or utilized in
the Site or the Service. Although we provide rules for user conduct and postings,
we do not control and are not responsible for what users post, transmit or share
on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in connection
with any User Content or Third Party Applications, Software or Content. The Company
is not responsible for the conduct, whether online or offline, of any user of the
Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service. Under
no circumstances will the Company be responsible for any loss or damage, including
any loss or damage to any User Content or personal injury or death, resulting from
anyone's use of the Site or the Service, any User Content or Third Party Applications,
Software or Content posted on or through the Site or the Service or transmitted
to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), ANY PLATFORM APPLICATIONS
AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY
AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE
OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING
THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE
AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE
OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications offered
through the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
Termination
The Company may terminate your membership and any content or information that you
have posted on the Site and/or prohibit you from using or accessing the Service
or the Site (or any portion, aspect or feature of the Service or the Site) for any
reason, or no reason, at any time in its sole discretion, with or without notice,
including if it believes that you are a user who is NOT currently receiving a graduate
degree, a user who NEVER received a graduate degree in the past, any academic institution
(University, College of Program including administrators, deans and teachers) who
DO NOT offer graduate degree services or an employer who is NOT targeting graduate
degree holders.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the
State of Delaware, without regard to principles of conflict of laws, will govern
these Terms of Use and any dispute of any sort that might arise between you and
the Company or any of our affiliates. With respect to any disputes or claims not
subject to arbitration (as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts of
Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction
and forum non conveniens with respect to, venue and jurisdiction in the state and
federal courts of Florida.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, Software or Content you post or share on or through the Site
(including through the Share Service), your use of the Service or the Site, your
conduct in connection with the Service or the Site or with other users of the Service
or the Site, or any violation of this Agreement or of any law or the rights of any
third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided
by you to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including",
"e.g.,", "for example", and other similar terms are deemed to
include the term "without limitation" immediately thereafter. Terms used
in these Terms with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions.
Questions
Please visit the contact us page and fill out the corresponding form if you have
questions concerning any aspect of this Terms of Use Agreement, Privacy Policy or
any other aspect of INDEGREE™.
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