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WEBSITE TERMS OF USE

EFFECTIVE DATE: The effective date of these Website Terms of Use is May 3, 2016.

Welcome to the website of Adler University (the “University” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.adler.edu, www.AdlerPedia.org, or another University website (the “Website”), including any content, functionality and services offered on or through the website. Unless otherwise indicated, the Website and its contents, including all trademarks, service marks and logos, are the property of the University or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by any of these Terms of Use, do not use the Website. By accessing the Website, you agree to the following terms and conditions:

  1. Except for public content on www.AdlerPedia.org: (a) the Website and the materials contained therein (including all features and functionality) may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of the University, except that you are permitted to print or download on a single computer a copy of any of the materials on the Website for personal non-commercial use, provided no copyright, trademark or other proprietary notices are removed; (b) no intellectual property or other rights in or to the Website or its contents are transferred to you; and (c) the photographs, artwork, materials and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of the University.
  2. Except as otherwise provided on www.AdlerPedia.org (“AdlerPedia”), the materials and content made available on AdlerPedia (“AdlerPedia Content”) are dedicated to the public interest. AdlerPedia Content is subject to the Creative Commons Attribution 4.0 International License (CC BY 4.0) available at http://creativecommons.org/licenses/by/4.0/legalcode. Any use of AdlerPedia Content is subject to the CC BY 4.0 license and you agree to abide by such license with respect to any use of AdlerPedia Content.
  3. You acknowledge and agree that your relationship with the University is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to the University does not place the University in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. The information on the Website is provided solely for illustrative purposes and does not create any business or employment relationship.
  4. We reserve the right to withdraw or amend this Website (or any portion thereof), and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  5. You may be required to provide personally identifiable information to use and/or access certain portions of the Website. You agree that any information that you provide to the University will be accurate and that you will make reasonable efforts to keep that information up to date. Please also review the University’s Privacy Policy, which you also agree to by using the Website.
  6. You agree that you will:
    1. only use the Website as permitted by these Terms of Use, the CC BY 4.0 license, and as permitted by law;
    2. not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by the University;
    3. not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of the University), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by the University in its sole discretion);
    4. not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
    5. not interfere with or disrupt the use and enjoyment of the Website by the University or any third party;
    6. not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with the University’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;
    7. not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to the University, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
    8. not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
    9. not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of the University;
    10. not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website; and
    11. assume full legal responsibility for any of your edits, comments, contributions or other conduct relating to your use of the Website.
  7. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by your or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website includes content provided by third parties, including materials provided by instructors, institutions of learning, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than content provided by and originally created by the University, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the University. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.
  8. The material on the Website, the Website itself and any services related to the Website are provided "as is" and is without warranty of any kind. The University disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, security, merchantability and fitness for a particular purpose, with respect to the Website and the material on the Website. The University also makes no representations or warranties as to whether the information accessible on the Website is accurate, complete or current. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
  9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE UNIVERSITY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE, ANY SERVICES OR MATERIAL ON THE WEBSITE OR SITES LINKED TO BY THE WEBSITE, EVEN IF THE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE UNIVERSITY, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDORS, AFFILIATES, SUBSIDIARIES OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  10. The University has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE UNIVERSITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  11. If you believe that any materials available on the Website violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the University to terminate the user accounts of repeat infringers.
  12. Certain features of the Website may be subject to a separate written agreement with the University or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.
  13. The Website may contain links to third party websites. These third party websites may be affiliated with the University or unaffiliated. The University is not responsible for, and you agree that the University will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which an the University website may be accessed. The University does not regularly review materials on websites linked to the Website and does not necessarily endorse the materials appearing on any linked websites. The University reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that the University deems to be inappropriate or inconsistent with or antithetical to the Website, the business of the University and/or these Terms of Use.
  14. You agree to indemnify and hold harmless the University, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials uploaded, downloaded, obtained, used or otherwise accessed or acquired through the Website: (a) in breach of these Terms of Use, the CC BY 4.0 license, or any other agreement or in violation of any law or regulation; (b) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (c) in breach of any agreement between you and any third party. The University reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the express prior written consent of the University. This indemnification section will survive any termination or expiration of these Terms of Use.
  15. The University operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with any applicable laws. These Terms of Use and the other documents or agreements incorporated herein by reference shall be construed and enforced in accordance with the laws of the United States and the State of Illinois, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to any such agreements and/or your use of any the University website must be filed exclusively in Cook County, State of Illinois, United States of America. YOU AND THE UNIVERSITY EACH WAIVE TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THESE TERMS OF USE AND ANY OTHER AGREEMENTS OR DOCUMENTS INCORPORATED HEREIN BY REFERENCE.
  16. Any cause of action or claim you may have arising out of or relating to any agreement between you and the University or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
  17. No waiver by the University of any term or condition set forth in an agreement between you and the University shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of the University to assert a right or provision under any such agreement shall not constitute a waiver of such right or provision. If any provision of an agreement between you and the University is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of any such agreement will continue in full force and effect. All terms of the agreements between you and the University which, by their nature are intended to survive termination of their respective agreements will survive such termination, including without limitation, all ownership terms, indemnification obligations, disclaimers and limitations of liability.
  18. The University reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. The University will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of the Website may change from time to time without prior notice to you including, without limitation, certain features, services or functionality no longer being available.

BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

If you have any questions or concerns regarding these Terms of Use, please contact us at adleriancenter@adler.edu. You may also direct inquiries by regular mail to Adler University 17 N. Dearborn Street, Chicago, Illinois 60602 or by phone to (312) 662-4000.

These Terms of Use, the Privacy Policy, the Copyright Policy and, if and as applicable, the CC BY 4.0 license and the Registered User Agreement are the entire agreement between you and the University concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein.