Disclaimer
1. Definitions
CISR is the interactive on-line web site operated by James Madison University ("JMU") on the World Wide Web of the Internet, consisting of information services and content provided by the CISR and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the CISR.
2. General
(a) This Agreement, which incorporates by reference other provisions applicable to use of CISR, including, but not limited to, supplemental terms and conditions set forth governing the use of certain specific material contained on the CISR web site, sets forth the terms and conditions that apply to use of CISR by the Subscriber. By using CISR (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use CISR is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(b) CISR shall have the right at any time to change or discontinue any aspect or feature of CISR, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
CISR shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of CISR, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on CISR, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of CISR by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of CISR.
5. Subscriber Conduct
(a) Subscriber shall use CISR for lawful purposes only. Subscriber shall not post or transmit through CISR any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CISR's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in CISR's discretion restricts or inhibits any other Subscriber from using or enjoying CISR will not be permitted. Subscriber shall not use CISR to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services.
(b) CISR contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of CISR are copyrighted as a collective work under the United States copyright laws. CISR owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CISR and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(c) Subscriber shall not upload, post or otherwise make available on CISR any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CISR, Subscriber automatically grants, or warrants that the owner of such material has expressly granted CISR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants CISR the right to edit, copy, publish and distribute any material made available on CISR by Subscriber.
(d) The foregoing provisions of Section 5 are for the benefit of CISR, JMU, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(a) Subscriber expressly agrees that use of CISR is at Subscriber's sole risk. Neither CISR, JMU, nor any of their respective employees, agents, third party content providers or licensors warrant that CISR will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of CISR, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the CISR.
(b) CISR is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(c) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that CISR is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber.
(d) In no event will CISR, or any person or entity involved in creating, producing or distributing CISR, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use CISR. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on CISR.
(e) In addition to the terms set forth above, neither CISR, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within CISR, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. CISR, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither CISR, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
7. Monitoring
CISR shall have the right, but not the obligation, to monitor the content of CISR postings, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CISR and to satisfy any law, regulation or authorized government request. CISR shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the CISR web site. Without limiting the foregoing, CISR shall have the right to remove any material that CISR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification
Subscriber agrees to defend, indemnify and hold harmless CISR, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of CISR.
9. Termination
CISR shall have the right to immediately terminate Subscriber's Account and block access in the event of any conduct by Subscriber which CISR, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Third Party Content
The JMU CISR is a distributor of content supplied by third parties and Subscribers. Accordingly, CISR has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of CISR, are those of the respective author(s) or distributor(s) and not of CISR. Neither CISR nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through CISR represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with CISR. CISR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the CISR web site by anyone other than authorized CISR spokespersons while acting in their official capacities. Under no circumstances will CISR be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the CISR web site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CISR. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
11. Miscellaneous
This Agreement and any operating rules for CISR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Neither, CISR, JMU, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
