DANTE UNIVERSITY WEBSITE USER AGREEMENT
1. GENERAL
This Agreement governs the use of all websites owned or operated
by DANTE UNIVERSITYSM (the “Dante Sites”). Payment of
any course or other fee, and/or use of the on-line resources, content,
and all other material, information, products and services (the
“Products and Services”) offered on or accessible through
any page of the Dante Sites, including without limitation all content,
hyperlinks, and communications tools, will be deemed to be acceptance
of the terms of this Agreement. The term “you” as used
herein refers to each user of the Products and Services.
2. ACCOUNT REGISTRATION, SECURITY AND USER RESPONSIBILITY
2 (a). User Name and Password: As part of the registration process,
you will select or be assigned a User Name and Password. You may
not (i) share your User Name and password with any other person,
or (ii) use a User Name that Dante University, in its sole discretion,
deems inappropriate. Failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in immediate
termination of your account. You agree to take reasonable measures
to protect the security of your Password.
2 (b). Unauthorized Use: You are responsible for all usage or activity
on your account. Any improper or unlawful activity, including but
not limited to any activity prohibited by Paragraph 5 of this Agreement,
may be grounds for termination of your account, at Dante University's
sole discretion. Dante University reserves the right to investigate
any such activity and to involve and cooperate with third parties,
including but not limited to law enforcement agencies and persons
alleging infringement of intellectual property rights. You will
promptly notify Dante University of any known or suspected unauthorized
use(s) of your account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password
or credit card information. Please report them to:
Dante University Foundation:
P.O. Box 812158
Wellesley, MA 02482
2 (c). Use by Minors: You warrant that you are at least thirteen
years of age. If you are a parent enabling a child to use this site,
you warrant that such child is at least thirteen years of age. In
addition, please note: Certain material available on the Internet
is not appropriate for minors. Any use by any minor of the Products
and Services under your auspices or supervision is your sole responsibility,
and you will hold Dante University harmless from any claim of harm
alleged to have occurred to any minor. To prevent or limit children's
access to such materials, a number of parental and school control
protections (such as computer hardware, software, or filtering services)
are commercially available. You are solely responsible for use of
such protections.
3. SUBSCRIPTION FEES AND PAYMENTS
3 (a). Payments: You shall pay all fees and charges incurred through
your account at the rates in effect for the billing period in which
such fees and charges are incurred All fees and charges shall be
billed to and paid for by you or your employing organization. You
shall pay all applicable taxes, if any, relating to use of the Products
and Services through your account.
3 (b). Valid Credit Card: If paying by credit card, you agree to
use a valid, authorized credit card issued to you (or your paying
organization) for all fees, taxes and other charges associated with
your account, and to provide Dante University updated credit card
information as required.
3 (c). Non-Payment: Dante University reserves the right to cancel
your account if it does not receive payment.
3 (d). Cancellations: Once payment has been made for a course,
and a password issued for that course, tuition fees are non-refundable.
4. CHANGES IN PRODUCTS, SERVICES, TERMS AND CONDITIONS AND SUBSCRIPTION
FEES
4 (a). Changes in Service: Dante University may change, suspend
or discontinue any aspect of the Products and Services at any time,
including the availability of any course, feature, database, or
content. Dante University may also impose limits on certain features
and services or restrict your access to parts or all of the Products
and Services without notice or liability.
4 (b). Changes to Terms and Conditions: Dante University reserves
the right to modify the terms of this Agreement from time to time.
All modifications will be posted on the relevant Dante University
site, and your use of the Products and Services after such posting
will be deemed acceptance of the modifications.
5. PERMITTED USAGE OF PRODUCTS AND SERVICES
5 (a). Limited Use: The Products and Services are intended for
educational use only. Any other use may result in cancellation of
your account without notice. Without limiting the generality of
this proscription, you will not use any Dante University Site for
the solicitation of funds or for advertising of goods or services
without the prior written consent of Dante University.
5 (b). Copyright and Trademark: The contents of the Dante Sites
(including the software on which the Sites operate) are protected
by copyright and trademark rights pursuant to U.S. and international
law. You may not download, copy, modify, distribute, transmit, create
new works from, perform, display, or in any other way exploit, any
of such Contents in whole or in part, except for personal use or
for educational purposes as provided for in the normal functionality
of the relevant Dante Site, without prior written permission from
Dante University or the copyright holder identified in the copyright
notice contained in the content concerned. In making any permitted
use you will maintain all copyright and other notices contained
in such contents.
5 (c). Illegal Materials: You will not upload to, or distribute
or otherwise publish on any Dante University Site, any material
that is defamatory, obscene, abusive, harassing or threatening,
that infringes the copyright, trademark, trade secret, patent, privacy,
publicity, or other rights of any other person or entity, that contains
any viruses or other contaminating or destructive features, or that
is otherwise unlawful or inappropriate. Without limiting the generality
of this proscription, Dante University reserves the right to terminate
or suspend your usage of any Dante Site if you use the Site in a
manner that is not consistent with the educational purposes of Dante
University or that violates the standards of conduct that Dante
University deems appropriate.
5 (d). Right to Edit and Remove: You are solely responsible for
the content of your messages. However, while Dante University does
not and cannot review every message posted on the Forums and is
not responsible for the content of these messages, Dante University
reserves the right to delete, move, or edit messages that, in its
sole judgment, violate the terms of this Agreement.
6. PRIVACY
You acknowledge having reviewed and accepted Dante University’s
privacy policy. (To review the policy now, go to the Dante
University home page and click on “privacy statement.”)
Dante University expressly disclaims any obligation with respect
to user privacy except as stated in such policy, and Dante University
will not be liable for any unintentional disclosure of personal
information contrary to such policy.
7. DISCLAIMER OF LIABILITIES AND WARRANTIES
7 (a). Third-Party Content: While the Dante Sites offer links to
external websites and other information resources, Dante University
does not guarantee or endorse, and will not be responsible for the
accuracy, integrity, quality, legality, or decency of, any material
or service contained in any external site linked to any Dante Site
or provided to any Dante Site by third parties or reached through
any Dante Site by means of any search capability provided on such
Site. You acknowledge and agree that Dante University will not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such third party material or service.
7 (b). Dante University Site Content: Dante University disclaims
any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, operability or availability
of the Products and Services and any information or material contained
therein. Dante University disclaims any responsibility for the deletion,
failure to store, mis-delivery, or untimely delivery of any information
or material. Dante University disclaims any responsibility for any
harm resulting from downloading or accessing any information or
material through the Products and Services, including but not limited
to loss of data and damage to your computer system.
7 (c). General Disclaimer: THE PRODUCTS AND SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, DANTE UNIVERSITY DISCLAIMS ANY WARRANTIES
RELATING TO THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND
PERFORMANCE OF THE PRODUCTS AND SERVICES. DANTE UNIVERSITY FURTHER
DISCLAIMS ANY WARRANTY THAT ITS SITES AND THE SERVERS THAT MAKE
THEM AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS AT YOUR
OWN DISCRETION AND RISK.
7 (d). Limitation of Damages: UNDER NO CIRCUMSTANCES SHALL DANTE
UNIVERSITY BE LIABLE TO YOU IN CONTRACT, TORT, OR OTHERWISE FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES, EVEN IF DANTE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7 (e). Force Majeure: Under no circumstances shall Dante University
be held liable for any delay or failure in performance resulting
directly or indirectly from forces or causes beyond its control,
including, without limitation, Internet failures or performance
degradation, viruses, computer equipment failures, telecommunication
equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or
materials, fires, flood, storms, explosions, acts of God, war, governmental
actions, or orders of domestic or foreign courts or tribunals, non-performance
of third parties.
8. TRADEMARK AND PATENT NOTICES
DANTE UNIVERSITY is a trademark of Dante University. All other
marks that appear throughout the Products and Services belong to
Dante University or the respective owners of such marks as indicated.
Any use of any of such marks without the express written consent
of Dante University or the owner of the mark, as appropriate, is
strictly prohibited.
9. GOVERNING LAW AND FORUM FOR DISPUTES
All legal issues arising from or related to the use of the Products
and Services shall be construed in accordance with, and all questions
with respect thereto shall be determined by, the laws of the Commonwealth
of Massachusetts. The state and federal courts of Massachusetts
shall be the exclusive forum and venue to resolve disputes arising
out of or relating to this Agreement or any use of the Products
and Services.
10. INDEMNITY AND RELEASE
You will indemnify Dante University and its parents, subsidiaries,
partners, affiliates, officers, and employees and hold them harmless
from any and all claims and expenses, including without limitation
attorneys' fees, arising from or based upon your use of any Dante
University Site.
11. INTERPRETATION
This Agreement constitutes the entire agreement between you and
Dante University with respect to its subject matter, except that
any other terms and conditions located on any individual Dante Site
or web pate are incorporated herein by reference to the extent they
do not conflict with the express provisions of this Agreement. Failure
by Dante University to enforce any right or provision of this Agreement
in any instance will not constitute a waiver of such right or provision
in any other instance. If any provision of this Agreement should
be held invalid, the remaining provisions will continue in full
force and effect. The section titles in this Agreement are for convenience
only and have no legal or contractual effect.
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