1. ACCEPTANCE OF TERMS
Welcome to the Whitefield College Online Campus! Whitefield College ("WC") provides the Whitefield College Online Campus ("WCOC") to you subject to the following Terms of WCOC ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.whitefieldcollege.org/docs/tos. In addition, when using particular areas of the WCOC, you and WC shall be subject to any posted guidelines or rules applicable to such areas which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF WCOC
WC currently provides access to a rich collection of resources, including various communications tools, forums, shopping services, and personalized content. Unless explicitly stated otherwise, any new features that augment or enhance the current WCOC, shall be subject to the TOS. You understand and agree that the WCOC is provided "AS-IS" and that WC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Some of the services on the WCOC are restricted to students of WC and/or faculty of WC.
You are responsible for obtaining access to the WCOC and that access may involve third party fees (such as Internet WCOC provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the WCOC.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the WCOC, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted, and (b) maintain and promptly update this personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WC has the right to suspend or terminate your account and refuse any and all current or future use of the WCOC (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You have a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WCOC. WC does not control the Content posted via the WCOC and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WCOC, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the WCOC.
You agree to not use the WCOC to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a WC official, forum leader, student, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WCOC;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the WCOC are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the WCOC or servers or networks connected to the WCOC, or disobey any requirements, procedures, policies or regulations of networks connected to the WCOC;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S.;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that WC does not pre-screen Content, but that WC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the WCOC. Without limiting the foregoing, WC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WC or submitted to WC.
You acknowledge and agree that WC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WC, its users and the public.
You understand that the technical processing and transmission of the WCOC, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold WC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the WCOC, your use of the WCOC, your connection to the WCOC, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF WCOC
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the WCOC, use of the WCOC, or access to the WCOC.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WC may establish general practices and limits concerning use of the WCOC, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the WCOC, the maximum number of email messages that may be sent from or received by an account on the WCOC, the maximum size of any email message that may be sent from or received by an account on the WCOC, the maximum disk space that will be allotted on WC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the WCOC in a given period of time. You agree that WC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the WCOC. You acknowledge that WC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO WCOC
WC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WCOC (or any part thereof) with or without notice. You agree that WC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WCOC.
You agree that WC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the WCOC, and remove and discard any Content within the WCOC, for any reason, including, without limitation, for lack of use or if WC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WC may also in its sole discretion and at any time discontinue providing the WCOC, or any part thereof, with or without notice. You agree that any termination of your access to the WCOC under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the WCOC. Further, you agree that WC shall not be liable to you or any third-party for any termination of your access to the WCOC.
The WCOC may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WC has no control over such sites and resources, you acknowledge and agree that WC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. WC'S PROPRIETARY RIGHTS
You acknowledge and agree that the WCOC and any necessary software used in connection with the WCOC ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the WCOC or advertisers is protected by copyrights, trademarks, WCOC marks, patents or other proprietary rights and laws. Except as expressly authorized by WC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the WCOC or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WCOC IS AT YOUR SOLE RISK. THE WCOC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WC MAKES NO WARRANTY THAT (i) THE WCOC WILL MEET YOUR REQUIREMENTS, (ii) THE WCOC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WCOC WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WCOC WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WCOC IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WC OR THROUGH OR FROM THE WCOC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WCOC; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WCOC; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WCOC; OR (v) ANY OTHER MATTER RELATING TO THE WCOC.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The WCOC may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the WCOC.
19. TRADEMARK INFORMATION
WC, the WC logo, and WCOC marks, and other WC logos and products and WCOC names are trademarks of Whitefield College (the "WC Marks"). Without WC's prior permission, you agree not to display or use in any manner, the WC Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
WC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WC the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's
WC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
P.O. Box 6321
Lakeland, FL 33807
By email: firstname.lastname@example.org
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WC and govern your use of the WCOC, superceding any prior agreements between you and WC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and WC shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and WC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Polk, Florida. The failure of WC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the WCOC or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to the Webmaster.