Mount St. Joseph University
Terms of Use
Last updated on October 20, 2022
Your access to and use of the website located at http://www.msj.edu and all features, applications, functionality, services, content, and information contained therein and related thereto (collectively, the “the Website”) is governed by these Terms of Use (as may be updated by Mount St. Joseph from time to time, the “Terms”). The Website is owned by MOUNT ST. JOSEPH UNIVERSITY, an Ohio nonprofit corporation (“Mount St. Joseph”, “us”, “our”, or “we”). By accessing or using the Website, you agree to be bound automatically by these Terms and the terms of Mount St. Joseph’s Privacy Policy available on the Website (collectively, the “Policies”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE WEBSITE OR RELATED FEATURES, FUNCTIONALITY, AND SERVICES. YOUR ACCESS TO OR USE OF MOUNT ST. JOSEPH WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.
Mount St. Joseph reserves the right to update and amend these Terms at any time, in its sole and absolute discretion. All such amendments and updates will become effective immediately upon posting to the Website.
Notwithstanding anything herein to the contrary, these Terms of Use apply to publicly accessible portions of our website. We and our students and employees may be subject to different standards, as set forth in the applicable Employee Handbook, Student Handbook, and other internal policies and procedures (collectively, “Internal Policies”) with respect to student and employee information, email usage, and related information technology systems and data management tools. As to our students and employees, in the event of a conflict between those Internal Policies and this Policy, the Internal Policies shall prevail with respect to the subject matter described therein. For our students and employees, these Terms of Use shall supplement, rather than replace, such Internal Policies.
USE OF MOUNT ST. JOSEPH WEBSITE
You shall not access or use the Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the Website and viewing related materials. You will not upload any viruses or harmful or obscene information to the Website. You will not access, or attempt to access, any nonpublic features of the Website.
USE OF IMAGES, INFORMATION, AND CONTENT
Mount St. Joseph owns the Website and all related data, materials, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein. The images, materials, and content on the Website are available exclusively for non-commercial, personal, and educational use. You may only access or view such images, content, and features on a temporary, non-commercial basis for the sole purpose of your personal, education, viewing, or “fair use” (as defined in the United States copyright laws) purposes. Without limiting the foregoing, your use of any such information, content, or images displayed on the Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such images and content. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such content and materials, including all copyright and other intellectual property laws. You agree to not misuse, misappropriate, modify, or alter any such images, information, or content displayed on the Website. To the extent you use any such images or content in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to Mount St. Joseph, as applicable.
If you submit any ideas, concepts, information, materials, images, or other works or materials (collectively, “User Submitted Content”) to Mount St. Joseph, whether through the Website or otherwise, you agree that (i) Mount St. Joseph shall have no obligation to incorporate such User Submitted Content into the Website or related products or services; and (ii) you hereby grant and upon creation or submission thereof do hereby automatically grant to Mount St. Joseph an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license and right to use, incorporate, and exploit such User Submitted Content for any purpose, to the maximum extent permitted by applicable law and the Privacy Policy. To the extent Mount St. Joseph incorporates any such User Submitted Content, you agree that you shall have no monetary or other rights to any work in which the User Submitted Content is incorporated.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT, SERVICE, APPLICATION, OR FUNCTIONALITY OFFERED OR SOLD THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS-IS" AND "WHERE-IS" BASIS. Mount St. Joseph makes no representations or warranties related thereto, including without limitation, with respect to (i) any images, data, or content contained on the Website; (ii) any information posted on the Website; or (iii) any product sold through or features displayed or offered on the Website. Mount St. Joseph hereby disclaims all express and implied warranties related to the same. Without limiting the foregoing, Mount St. Joseph does not guarantee that (a) the Website or services offered or advertised through the Website, will meet your expectations or requirements; (b) the Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the Website will be corrected.
You acknowledge and agree that the information and services available on the Website are offered for information purposes only, and that your reliance on the information available on the Website is at your sole risk.
LIMITATION OF LIABILITY
MOUNT ST. JOSEPH IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON OUR WEBSITE AND EVEN IF ANY SUCH OTHER WEBSITE OR FUNCTIONALITY LINKS OR DIRECTS YOU TO OUR WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, MOUNT ST. JOSEPH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS, SERVICES, FUNCTIONALITY, OR APPLICATIONS OFFERED THROUGH OR ADVERTISED ON THE WEBSITE EVEN IF MOUNT ST. JOSEPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) IN ANY EVENT AND FOR ANY CAUSE OF ACTION, AGGREGATE LIABILITY IN CONNECTION WITH, ARISING FROM, OR RELATED TO THE POLICIES, THE WEBSITE, OR ANY SERVICES, APPLICATIONS, INFORMATION, OR FEATURE RELATED THERETO, IN EXCESS OF $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
The Policies, and your use and access of the Website, will be governed by the laws of the State of Ohio. Any dispute related to these Terms, the Website, or the content, products, or materials offered through the Website, will be decided exclusively by the state or federal courts located in Hamilton County, Ohio, and you hereby submit to the exclusive jurisdiction and venue of such courts.
INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold Mount St. Joseph and Mount St. Joseph’s trustees, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) relating to or arising out of (i) any unauthorized activity related to your use of the Website or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Website or images or materials displayed therein using your computer; or (iv) any other use of the Website or third party applications.