Acceptance of Terms of Service
The Portal is provided free of charge to you by The George Washington University ("the University") under these Terms of Service. In order to access the Portal, you must sign in as a guest or as a member. By signing in and selecting the "log in" option, you indicate your agreement to be bound by the Terms of Service. Please check the Terms of Service periodically to determine whether a change has been made. At anytime, if you do not agree with the Terms of Service, please arrange to terminate your registration by: (1) notifying the University of your unwillingness to accept the changes to the Terms of Service; and (2) discontinuing your use of the Portal. Your continued use of the Portal will signify your acceptance of the change in the Terms of Service. From time to time the University may supplement these Terms of Service with additional terms pertaining to specific content or events. You understand and agree that such additional terms are hereby incorporated by reference into these Terms of Service.
In order to register with the Portal, you must provide the University with the following information: your university email address and corresponding password. In addition, other personal information associated with your university email address such as your name, your home address and your home telephone will be available to the University for official use.
Unless you provide your informed consent, The University will not sell your email address and password. Your informed consent shall be in the form of an "opt in" or similar policy.
The University reserves the right to disclose your username, email and any personal information associated with your username and email to the extent necessary to: provide technical service, comply with applicable laws and police investigations, and in legal proceedings where such information is relevant.
The University may disclose your zip code, gender and age to a third party in the form of aggregated information.
The University may assign, sell, license, or otherwise transfer your registration information to a third party in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of the University.
The University reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent processes.
Use of Portal
You are responsible for the content and consequences of your message(s).
You agree that you will use the Portal consistent with the University's Code of Conduct For Users of Computing Systems and Services.
You agree not to use another subscriber's information, personal or otherwise, for commercial or financial purposes.
You agree not to use the Portal for commercial purposes, unless prior written consent by the University is obtained.
You agree not to use the Portal for chain letters, junk mail, "spamming," commercial or non-commercial solicitation, or bulk communications of any kind.
You agree not to use the Portal to send or post any message or material that is: unlawful or encourages unlawful conduct, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable.
You agree not to impersonate any other person or entity, whether actual or fictitious.
You acknowledge that the University permits access to content protected by copyright, trademark, and other intellectual proprietary rights ("Rights"). These Rights are valid and protected in all technologies existing now and that are developed in the future. Except as otherwise explicitly provided, the Terms of Service and applicable Rights govern your use of such content. You agree not to reproduce, retransmit, distribute, publish, commercially exploit, post to the Portal, or otherwise transfer any material subject to any Rights. The burden rests with you to determine that Rights do not protect the information, software, images, or content on the Portal.
You acknowledge that the Portal may acquire Rights to use any materials posted by you and you agree that you will not acquire any of those rights by downloading such materials.
A "public area" of the Portal includes: a message board, forum, contest, or chat room. By submitting content, including your member name, to a "public area," you grant the University and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights, in such content has completely and effectively waived all such rights and validity and irrevocably granted to you the right to grant the license stated above. You also agree to permit any subscriber to access, display, view, store and reproduce such content for personal use.
By submitting content to a contest on the Portal, you expressly permit the Portal to identify you as the contributor in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify the Portal in writing at the time you submit content that you do not wish to be identified.
You may order services or merchandise through the Portal from other persons not affiliated with the University. All matters concerning the merchandise and services desired from the seller are solely between you and the seller. The University makes no warranties or representations whatsoever with regard to any goods or services provided by the seller. You will not consider, and the University will not be construed as, a party to such transactions. Accordingly, the University will not be liable for any costs or damages arising directly or indirectly out of such transactions. Even if the University receives some sort of revenue or remuneration in connection with the transaction, you agree that you will not consider or hold the University liable for any damages resulting from the transaction.
Confidentiality of Password and Username
You are responsible for maintaining the confidentiality of your information and password. You agree that you are responsible for all uses of your registration, regardless of whether the use is authorized by you. You agree to notify the University of any unauthorized use of your registration and password.
Disclaimer and Warranties
You agree that use of the portal is at your sole risk. The Portal is provided on an "as is" and "as available" basis. The University expressly disclaims all warranties of any kind, express or implied, including, but not limited to, a warranty of merchantability, fitness for a particular purpose, or non-infringement.
The University makes no warranty that the Portal will meet your requirements, or that the Portal will be uninterrupted, timely, secure, or error free. The University makes no warranty as to the results that may be obtained from the use of the Portal. You agree that the University shall not be liable for any direct consequential or incidental damage, whether foreseeable or not, which may result from the unavailability of the Portal.
You agree that any material obtained through the Portal by download or otherwise is 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 such material.
You acknowledge that the University does not guarantee the accuracy or completeness of any information or idea provided in connection with the Portal. You agree to participate in the Portal at your own risk. The University is not responsible for errors, omissions, or results obtained from the use of such information. The information is provided with the understanding that the University and its members, while such members are participating in the Portal, are not engaged in rendering legal, medical, counseling, or other professional services or advice. The University shall not be responsible for any loss or damage caused, or allegedly caused, directly or indirectly, by the information or ideas contained, suggested, or references in the Portal. The University encourages you to seek appropriate professional advice or care for any situation or problem that you may have.
You agree that the University is not responsible for the content of the Internet or the worldwide web pages that are contained outside the University's site. As a convenience to members of the Portal, the University may provide links to resources that are beyond the University's control. The University makes no representations as to the quality, suitability, functionality or legality of any sites to which it may have provided links. You hereby waive any claim that you may have with respect to such sites.
By permitting classified advertising, the University makes no warranties or representations of any kind to the accuracy, content or suitability of the subject matter of such advertisement. The University specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting classified advertisement on the Portal, you promise that the content of your advertisement is true and that you will indemnify the University against any claims that may arise from your advertisement. By responding to a classified on the Portal, you agree to waive any claims against the University for damages arising from such advertisement or you reliance upon statements in such advertisements.
Limitation of Liability
The University shall not be liable for any damages whatsoever from the use or the inability to use the Portal, even if the university has notice of the possibility of such damages. This includes, but is not limited to, any cost of procurement of substitute goods and services.
The University shall not be liable for damages whatsoever resulting from unauthorized access to or alteration of your transmission, even if the University has notice of the possibility of such damages.
The University shall not be liable for the deletion or failure to store e-mail messages.
The University shall not be liable for any breach in the Terms of Service.
The University and third parties may send e-mail messages to you containing advertisements, promotions, and other messages. The university makes no representation or warranty with respect to the content of any such e-mail or any goods or services obtained from such messages. You agree that the University or any third party shall not be liable with respect thereto.
You agree to indemnify and hold the University, their parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Portal.
The Terms of Service shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to its conflict of laws provision.
In the event that any provision of the Terms of Service conflicts with District of Columbia law or that any provision is held invalid by a court with jurisdiction over the parties, such provision shall be restated to reflect the original intent of the parties. The remainder of the Terms of Service will remain in full force and effect.
Remedies for the University if You Breach of These Terms
In the event that University determines, at its sole discretion, that you breached any portion of these Terms of Service, or otherwise demonstrated conduct inappropriate for the community of the Portal, the University reserves the right to: (1) warn you via e-mail that you have violated the Terms of Service; (2) delete any content provided by you or your agent(s) to the Portal; (3) terminate or suspend your registration with or ability to access the Portal; (4) terminate or suspend any service provided by the University, including any e-mail account; (5) fully cooperate with the proper law enforcement authorities for further action; and (6) take any other action that the University deems appropriate.
The failure of either party to insist upon or enforce strict performance of any provision of the terms of Service or to exercise any right under the Terms of Service shall not be construed as a waiver or relinquishment of the party's right to assert or rely upon any such provision.
The University may assign its rights and obligations under these Terms of Service. Upon such assignment the University shall be relieved of any further obligation hereunder.
These Terms of Service and any additional terms constitute the entire understanding between the parties.
The University reserves the right to charge fees and/or surcharges at any time upon thirty (30) days prior notice by email to you.