Links and Contacts

Terms and Conditions of Use

Endicott College ("Endicott") has created this web site to provide students, administrators, alumni, prospective students and members of the public with information on educational programs and services offered by the College.

To assist you in using our Endicott web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read on to learn more.

Terms and Conditions of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and Endicott regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Endicott.

By using our Site, you agree to these Terms and Conditions. In addition, if you become a registered user, during the registration process you will be prompted to click an "I Agree" button, which further confirms your agreement with these Terms and Conditions.

1. Overview

We have organized the elements of our Terms and Conditions in sections.

We have referred in the body of our Terms and Conditions, to related provisions in our Privacy Policy to further assist in you in navigating and understanding the Policy. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by contact us by writing to the email and/or mailing address provided in Section 20 ("Contact Us").

2. Legal and Copyright Compliance

Endicott College expects all members of its community to comply with U.S. copyright laws. For more detailed information concerning U.S. copyright law, users may consult the following web sites:

· U.S. Copyright Office
http://lcweb.loc.gov/copyright/

· Copyright Clearance Center
http://www.copyright.com

· Copyright and Multimedia Law for Webbuilders and Multimedia Authors
http://bailiwick.lib.uiowa.edu/journalism/mediaLaw/copyright_main.html

3. Service

We have designed this Site to be a general information resource on educational programs and other services for Endicott students, prospective students, College administrators, alumni and members of the public.

4. Ownership Of Site Contents

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Endicott (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by Endicott.

The phrase "Endicott College" is a trademark owned by Endicott. Other trade names and trademarks present on the Site either are owned by Endicott, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, Endicott does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Endicott hereby expressly disclaims any such affiliation or endorsement.

5. Downloading and Use of Site Contents


The Contents of our Site, and the Site as a whole, are intended strictly for educational and other noncommercial use by the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.

6. User Comments

All comments, feedback, postcards, suggestions, or ideas which you may choose to provide to us or post in connection with your use of this Site (collectively, "Comments") shall be the property of Endicott. You agree that, as long as we fully comply with our Privacy Policy, we may use or disclose Comments in any manner. Moreover, provided we fully comply with our Privacy Policy, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.

Endicott does not endorse, and specifically disclaims responsibility or liability for any user Comments. Endicott has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site. You agree that, in submitting Comments to any online chats or bulletin boards which we may include on the Site, you will only submit Comments that are reasonably related to the subject matter of the online discussion.

7. Prohibited Uses

In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Endicott disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, Endicott will comply with court orders directing Endicott to disclose the identity of users posting such information or materials, or otherwise directing compliance by Endicott.

You agree to refrain undertake any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

8. Complaints Over Perceived Infringement

Endicott respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, Endicott will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.

If you believe that materials posted on our Web site or college computer networks infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.

8.1 Endicott 's Designated Agent

If you believe materials posted on our site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):

e-mail: gkelley@endicott.edu

Gary F. Kelley
Chief Information Systems Officer
Endicott College
376 Hale Street
Beverly, MA 01915

8.2 Content of Notice

You should notify our Designated Agent of your concerns as follows:

(i) Place your concerns in writing, and sign the document;

(ii) Identify the Work, which you believe is being infringed;

(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and

(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

8.3 Our Response; Counter-Notifications

Upon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.

9. Links To Other Web Sites And Services

Endicott does not control the availability or content of any outside Web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Endicott does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites.

In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if the logo or mark of Endicott is used as part of the link to this Site.

10. Disclaimer of Warranties

While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. ENDICOTT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11. Limitation of Liability

NEITHER ENDICOTT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;

ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR

ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.

12. Choice of Law and Jurisdiction

This Site is controlled and operated by Endicott from its location in Beverly, Massachusetts. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district.
Endicott makes no representation that the information in the Web site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

13. Modifications

We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

14. Assignment

Endicott may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that Endicott may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by Endicott 's applicable Privacy Policy.

15. Indemnities

You agree to indemnify Endicott and its officers, directors, employees, agents, licensors, suppliers and partners against any loss, damage, costs or expenses arising out of or in connection with any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content, or reprints available from our Site, or services.

16. Access Privileges

Endicott may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.

17. Severability

If any provision of these Terms and Conditions, or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

18. Third Part Rights

The provisions of these Terms and Conditions are for the benefit of Endicott and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

19. Your Consent

By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

Effective: December 21, 2004

© 2004 Endicott College All rights reserved.

Print Friendly and PDF