Terms and Conditions
Terms and Conditions
Dakota State University Admission Website Terms and Conditions of Use
These Terms and Conditions of Use apply to your use of the [Admission section of the Dakota State University website] (the "Website"). By using the Website, you agree to be bound by these Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, you must immediately cease use of the Website. The Website is designed to provide you with information concerning Dakota State University, and to enable you to communicate with Dakota State University's faculty, staff, students and applicants. You may not use the Website for any other purpose. Dakota State University reserves the right to terminate or suspend your access to all or part of the Website, without notice, for any use of the Website that does not comply with these Terms and Conditions of Use, as amended from time to time. The Website is not intended for use by children under the age of 13. By using the Website, you represent that you are age 13 or over.
You acknowledge and agree that all right, title and interests in and to the information, data, software, photographs, graphics, videos, music and other material (collectively, the "Content") contained in the Website, including, without limitation, any copyrights in or to the Content, belong to Dakota State University and its content providers, and you will not assert any claims to the contrary. You acknowledge that Content on the Website may change at any time, without any obligation on the part of Dakota State University to notify you of such changes.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Website, and to maintain and promptly update such information to keep it true, accurate, current and complete. Such information, together with any other information obtained from you or through your use of the Website, are collectively referred to as "Your Information". You acknowledge that by providing any of Your Information to the Website, you consent to the transmission of such information over the Internet. You authorize Dakota State University to use Your Information for the purpose of facilitating your use of the Website, including, without limitation, communicating with Dakota State University, personalizing communications to you, posting portions of Your Information on the Website, and generally to improve the Website. Dakota State University may disclose Your Information if required to do so by law or if such disclosure is deemed necessary to protect the rights and personal safety of other users of the Website, Dakota State University, its students, faculty, employees and applicants.
(a) You agree not to use the Website:
(i) to upload, post, transmit or otherwise make available to other users of the Website any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material; (ii) to impersonate any person or entity, including, without limitation, any student, faculty or employee of Dakota State University, or otherwise misrepresent your identity; (iii) to upload, post, transmit or otherwise make available to other users of the Website any computer viruses or other malicious code; (iv) to engage in any illegal activity; or (v) otherwise in any manner that could give rise to any liability to Dakota State University or which might adversely affect Dakota State University's or its affiliates' public image, reputation or goodwill.
(b) You are not permitted to:
(i) edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in the Website or the Content; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form.
You acknowledge and agree that the Website may contain Content that is provided by third parties, including, without limitation, other users of the Website. Dakota State University is a distributor and not a publisher with respect to the Content provided by third parties, and does not undertake to, and is not responsible for, reviewing or editing any third party Content. Any opinions, advice, statements, services, offers or other information contained in third party Content are those of their respective authors and not of Dakota State University or any of its affiliates. Dakota State University reserves the right to delete from the Website any Content which you provide or post on the Website.
You may not create any links to the Website without the prior written consent of Dakota State University. You agree that Dakota State University does not undertake to and is not responsible for reviewing other websites to which the Website may be linked from time to time. Access to any other websites linked to the Website is at your own discretion and risk.
Disclaimer of Warranty
THE WEBSITE AND THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND DAKOTA STATE UNIVERSITY HEREBY DISCLAIMS THE SAME. ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAKOTA STATE UNIVERSITY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, NOR DOES DAKOTA STATE UNIVERSITY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAKOTA STATE UNIVERSITY, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
The Website is provided for your convenience. You agree that neither Dakota State University, its agent Blue Hue Inc., or their respective affiliates shall be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, and exemplary damages. Without limiting the generality of the foregoing, Dakota State University and its affiliates shall not be liable for any damages arising out of or relating to (i) any use or inability to use any part of the Website, including without limitation any errors, interruptions, delays in operation or transmission, or any failure of performance in the Website (including, without limitation, any deletion, misdelivery or failure to store communications by you); (ii) information or other content received through or from the Website, including without limitation computer viruses or other malicious code; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) interruption, suspension or termination of your access to the Website, regardless of whether such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent. You are responsible for any errors which you may make when using or submitting information through the Website. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue using the Website.
"Dakota State University", "http://www.DSU.edu/" are all trademarks of Dakota State University. All users of such marks shall inure to the benefit of Dakota State University, and the use of Dakota State University's marks in conjunction with any other logos or marks shall not create a unitary or composite mark. All other trademarks, trade names, service marks, logos, product names, and company names appearing on the Website are the property of their respective owners.
No failure or delay on the part of Dakota State University to exercise any right or remedy under these Terms and Conditions of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or of any other right or remedy. No express waiver or assent by Dakota State University of any breach of or default in any term or condition of these Terms and Conditions of Use by you will constitute a waiver of or assent to any succeeding breach of or default in the same or any other term or condition of these Terms and Conditions of Use.
Dakota State University reserves the right to amend these Terms and Conditions of Use at any time. You will be notified of any such amendments [and provided an opportunity to accept the amended terms and conditions]. Dakota State University may restrict your access to the Website until you accept the amended terms and conditions.
These Terms and Conditions of Use will be governed by and construed and enforced in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law principles. Any and all disputes arising from or in connection with the Website shall be subject to binding arbitration conducted by a single arbitrator in Mankato, Minnesota pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that Dakota State University and its affiliates shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce these Terms and Conditions of Use or its rights in the Website and its Content without first seeking or obtaining any decision in arbitration. If any provision of these Terms and Conditions of Use is held invalid, such invalidity shall not affect any other provisions of these Terms and Conditions of Use. Heading are inserted for reference only and shall not be construed as a part of these Terms and Conditions of Use.