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
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.
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
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.
We have organized the elements of our
Terms and Conditions in sections.
We have referred in the body of our
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
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
· U.S. Copyright Office
· Copyright Clearance Center
· Copyright and Multimedia Law for Webbuilders and Multimedia Authors
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
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
5. Downloading and Use of Site
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
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
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
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
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
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
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
8.1 Endicott 's Designated Agent
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
Gary F. Kelley
Chief Information Systems Officer
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;
(iv) Provide in your notice sufficient information for us to contact
you, including an address, telephone number, and, if available, an e-mail
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.
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
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.
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
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
11. Limitation of
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
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.
Choice of Law and Jurisdiction
This Site is controlled and
operated by Endicott from its location in Beverly, Massachusetts. These Terms 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
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.
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.
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.
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
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.
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.
If any provision of these Terms and Conditions, or
jurisdiction, the invalidity of such provision shall not affect the validity of
which shall remain in full force and effect. No waiver of any provision of these
continuing waiver of such provision.
18. Third Part
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.
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.