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Terms of Use

Please read these terms of use ("Terms") carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mail list, Website, transaction, or other online forum sponsored by Bemidji State University ("University"). By using and participating in these sites, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit all sites. The University reserves the right to modify these terms at any time and will publish notice of any such modifications online at this site or elsewhere online. By continuing to access a site after notice of such modification has been published, you signify your agreement to be bound by them.

Disclaimer

Sites may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of these forums, nor the links to other forums, are screened, approved, reviewed or endorsed by the University.

The text and other material on these forums are the opinion of the specific author and are not statements of advice, opinion, or information of the University. If you feel you might be offended by the content of the forum, you should not continue.

Rules for Online Conduct

You agree to use the sites in accordance with all applicable laws. Because the University is a non-profit, tax-exempt organization, you agree that you will not use the site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on the site, or on any other University computing resources:

  • content that defames or threatens others
  • statements that are harassing or discriminatory
  • content that discusses illegal activities with the intent to commit them
  • content that infringes another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
  • material that contains vulgar or obscene language or images
  • advertising or any form of commercial solicitation

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

Although the University does not routinely screen or monitor content posted by users to the site, the University reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the sites.

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained here, the University grants you a personal, non-exclusive, non-transferable license to access and use the sites. User may download material from the sites only for User's own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the site is permissible rests with User.

Limitation of Use

You may use sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although the University does not monitor the content of the sites, the University has the right to remove material from the sites, block access, or take other action with respect to the material in its sole discretion, although the University is under no obligation to do so. You may not use University computing resources or sites to disseminate unsolicited advertising or promotional material of any kind.

Links to Other Sites

The University's site may include hyperlinks to websites maintained or controlled by others. The University is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

Disclaimer of Warranty/Limitation of Liability

These sites and any information, products or services therein are provided "as is" without warranty of any kind, either expressed or implied, including without limitation, the implied warrantied of merchantability, fitness for use of a particular purpose, or noninfringement.

The University does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any site, information obtained from a site, or link to a site. The University does not warrant that sites will operate in an uninterrupted or error-free manner or that sites are free of viruses or other harmful components. Use of information obtained from or through these sites is at your own risk.

You agree that the University will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or to your (or any third party's) use or inability to use a site, or to your placement of content on a site, or to your reliance upon information obtained from or through a site. In particular, the University will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms, your use or inability to use a site, or any purchases on this site, or your placement of content on a site, or to your reliance upon information obtained from or through a site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability.

The University makes no representation regarding your ability to transmit and receive information from or through the sites and you agree and acknowledge that your ability to access the sites may be impaired. The University disclaims any and all liability resulting from or related to such events.

Trademarks

The logo, name and all graphics on the sites of the University or any of their affiliates, are trademarks of the University or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of the University or its affiliates is prohibited. All other trademarks or servicemarks appearing on the site are the marks of their respective owners.

Indemnification

You agree to indemnify and hold the University harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a site or your placement of any content onto a site, and to fully cooperate in the University's defense against any such claims.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the sites will be accurate and complete. The University and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Other

The sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

General

These Terms constitute the entire agreement between you, the University, and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

Copyright Complaints

The University respects the intellectual property rights of others. If you believe your copyright has been violated on a University site, please give notice to University Communications.