We may change these Terms and Conditions of use at any time without advance notice. Changes will be posted at www.wheelock.eduunder [“Terms and Conditions”]. Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes. Accordingly, you should read these Terms and Conditions from time to time for any changes.
Permitted Uses. We grant you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other publicly available content of the Website (the “Content”) solely in accordance with these Terms and Conditions. Subject to these Terms and Conditions, you may view, download and print the Content solely for your personal, noncommercial and informational use.
Proprietary Rights. You acknowledge that the Website and the Content are the property of Wheelock and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms and Conditions or on the Website will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Website, nor any right or license under any patent. You agree not to use any name or emblem of Wheelock, or any of its products or services, or that of its partners in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.
Copyright Notice. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. If you reproduce Content from the Website, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with it. Changes; Termination. We may change these Terms and Conditions, the Website or the Content at any time, and we may terminate your access to and use of the Website at any time, with or without cause, in our sole discretion.
Passwords. Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You may not share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. You agree to notify Wheelock immediately of any unauthorized use of your password(s) or account(s).
Disclaimer. The Website and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Website and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Website or the Content. We do not warrant that the Website will operate without error or interruption. Wheelock shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
Limitations of Liability and Remedies.
(a) Your use of the Website and the Content is at your own sole risk. If you are dissatisfied with the Website or the Content, your exclusive remedy is to stop using the Website and the Content.
(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Website, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party), whether in an action in contract or tort, arising out of or in connection with the Website or the Content, even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.
Indemnity. You agree to indemnify and hold harmless Wheelock, and its officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms and Conditions or your use of the Website or the Content.
Applicable Law and Jurisdiction. The Website (excluding links) is controlled and operated from our facilities in and around Boston, Massachusetts. While we have made no effort to publish the Website elsewhere, because the Website is published on the World Wide Web, it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Massachusetts, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Website, by accessing or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved exclusively in the United States District Court for the District of Massachusetts, or if such courts lack subject matter jurisdiction, the Superior Court for the Commonwealth of Massachusetts, Middlesex County. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access the Website from a location other than Boston, Massachusetts, you will be responsible for compliance with all local laws of this other location.
General. If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire agreement between you and us with respect to the subject matter hereof.
Last updated: November 1, 2010
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