HOLY APOSTLES COLLEGE & SEMINARY WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS” OR “TERMS OF USE”) CAREFULLY BEFORE USING ANY WEBSITE OR PAGE ON WHICH THESE TERMS ARE POSTED (“SITE(S)”). BY USING ONE OR MORE OF THESE SITES OR PAGES, YOU AGREE TO BE BOUND BY THESE TERMS, AS SUPPLEMENTED OR MODIFIED BY “SUPPLEMENTAL TERMS OF USE” AND OTHER SITE SPECIFIC TERMS THAT ARE POSTED ON A PARTICULAR SITE OR PAGE OR SPECIFICALLY AGREED TO IN A SEPARATE DOCUMENT BY THE SITE OPERATOR.

1. Parties. Holy Apostles College & Seminary (“Operator” or “HACS”), is the operator of these Sites, although software, hosting and other functions and content may be provided by Operator’s service providers (“Service Providers”), other companies affiliated with Operator (“Affiliates”), or merely in a business relationship with Operator (“Business Partners”). Operator’s Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of these Terms of Use.

1. Changes in Terms. Operator may change these terms, conditions and notices from time to time, without notice. Your continued use of the Sites after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use the Sites and do not download materials from them.

1. Changes in Site(s). Operator may terminate, remove, modify, change, suspend or discontinue any aspect of the Sites, including the availability of any features or content, which it controls. Service Providers, Affiliates and Business Partners may also terminate, remove, modify, change, suspend or discontinue any aspect of the Sites, including the availability of any features or content, which they control. Operator may impose limits on certain features and services, or terminate or restrict your access to part or all of any of the Sites without notice or any liability. Operator may also without liability: (a) remove, modify or otherwise change any user’s Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures; and (c) change the type or location of Operator equipment, facilities or software used by it in providing access provided that no such action shall have the effect of amending or otherwise affecting the parties’ respective obligations under any contract with Operator or its Affiliates. All obligations created before termination shall survive termination.

1. Privacy Policy. Operator’s Privacy Policy, incorporated by this reference, describes the type of information Operator and its Business Partners, Service Providers and Affiliates collect when you visit the Sites and how they use that information. Please see our Privacy Policy for more information.

1. Proprietary Rights. Unless Operator or one of its Service Providers, Affiliates or Business Partners specifically agrees otherwise, the following terms apply to all activity on the Sites.

(a) Confidentiality. The following restrictions apply to use of material on the Sites: (i) if any information is marked “Proprietary” or “Confidential” or words of like import, you will hold such information in confidence, use it exclusively in connection with the activities for which you are authorized on the Sites, and not publish or otherwise disclose it to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies.

(b) Copyrights. Operator and its Service Providers, Affiliates and Business Partners each reserve copyrights in all content that each provides to the Sites, including but not limited to design, text, software, course materials, administrative information, technical information, configurations, graphics, other files, and their coordination, selection and arrangement. You may not prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of the copyright owner. No such activity may be competitive with or derogatory to Operator, its Service Providers, Affiliates or Business Partners. All copyright or other proprietary notices must be kept intact. You may not distribute any of the content of any of the Sites to any other person unless that person accepts all obligations under these Terms. Any copyright owner consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless expressly given in writing. Any other use of the content of this Site is strictly prohibited. You further agree that you will not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to personally identifiable information of any other user of the Sites, or the names of students, faculty, staff, or employees of Operator or its Affiliates, Services Providers, or Business Partners.

(c) Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, and the federal laws of the United States of America, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Connecticut for any disputes arising from or related to any Site or these Terms. You also agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

(d) Patents. Some courses and processes used on the Sites may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Operator, Service Providers, Affiliates and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the courses or processes on the Sites.

(e) Software. Any software, including any files, images generated by the software, code, and data for accessing, being used, or being accessed by the software (collectively, “Software”), used or accessible through the Sites may be used by you solely for accessing and using the Sites for purposes expressly stated on the Sites or in an applicable written document, provided that such uses are not competitive with or derogatory to Operator or its Service Providers, Affiliates or Business Partners. Operator and its Service Providers, Affiliates and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works based upon any Software.

(f) License. Except as otherwise provided in our Privacy Policy, in Supplemental Terms of Use posted on a Site, or in a separate contract, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Sites, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, “Information”), need not be handled as confidential by Operator or its Service Providers, Affiliates or Business Partners and you further agree that upon transmission of such information to Operator or its Service Providers, Affiliates or Business Partners via email or other means you grant to Operator and its Service Providers, Affiliates and Business Partners an irrevocable, non-exclusive, royalty-free, sub-licensable, worldwide license (including but not limited to a copyright license) to prepare derivative works, use, reproduce, display, publicly perform, transmit and distribute such Information and derivative works thereof for any purpose.

1. User Conduct – Security. In using any of the Sites, you agree not to:
   
   (a) disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers or networks connected to or accessible through the Sites or affiliated or linked websites;
   
   (b) disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked websites;
   
   (c) upload, post, or otherwise transmit through or on any Sites any viruses or other harmful, disruptive or destructive files;
   
   (d) use or attempt to use another’s account, service or system without authorization from Operator or create or use a false identity on any Sites;
   
   (e) transmit through or on any Sites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
   
   (f) attempt to obtain unauthorized access to any Site or portions of any Site that are restricted from general access (“Limited Access Areas”);
   
   (g) grant access to or use of any Limited Access Areas of any Sites to any third party without Operator’s prior consent (evidenced by Operator’s issuance of valid user name and password); or
   
   (h) use the user name or password of any other person at any time. You also agree to keep any user name and password issued to you safe from disclosure to third parties, and to be responsible for all actions and communications undertaken or transmitted under your account. You assume all liability resulting from the misuse of your user name and password obtained by any third party by any means.

1. User Conduct – Online Communities and Other Interactive Areas. The Sites may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through any of the Sites unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, Trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes or conveys information about illegal activities or harm against anyone. Operator reserves the right but not the obligation to remove any materials it deems objectionable for any reason or without cause. You agree to hold harmless Operator and its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of any Site.

1. Termination. Operator reserves the right, in its sole discretion, to terminate your access to the Operator’s Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, Connecticut, U.S.A. in all disputes arising out of or relating to the use of the Operator’s Web Sites. Use of the Operator’s Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no partnership, employment, or agency relationship exists between you and Operator as a result of this agreement or use of the Operator’s Web Sites. Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Operator’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Operator’s Web Sites or information provided to or gathered by Operator with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Operator with respect to the Operator’s Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Operator with respect to the Operator’s Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

1. Links and Third Party Content.
   
   (a) Links to Other Websites. The Sites may from time to time contain links to other websites or other Internet information sources (“Third Party Sources”). These links are provided as a convenience and do not constitute an approval, endorsement, sponsorship or recommendation by Operator of — or responsibility for — the third parties or the linked Third Party Sources or any content, services or courses available on or through such Third Party Sources.
   
   (b) Links from Other Websites. All links to any Site must be approved in writing by Operator, except that Operator consents to links in which: (i) the link is a text-only link containing only the name “holyapostles.edu” or the URL “http://www.holyapostles.edu”; (ii) the link “points” only to https://www.holyapostles.edu  and not to deeper pages; (iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or courses are associated with or sponsored by Operator or its Service Providers, Affiliates or Business Partners nor be such as to damage or dilute the goodwill associated with the name and trademarks of Operator or its Service Providers, Affiliates or Business Partners. Operator reserves the right to revoke this consent to link at any time in its sole discretion.
   
   (c) Third Party Content. Any Site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither Operator nor its Service Providers, Affiliates nor Business Partners shall have any liability whatsoever to you for any such third party material, data or information.

1. Disclaimers. Unless Operator or one of its Service Providers, Affiliates or Business Partners agrees otherwise in a separate writing, the following terms apply to all activity on the Sites.
   
   (a) THESE SITES, THEIR CONTENT AND THE AVAILABILITY OF LISTED PARTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF ALL SITE(S) AND/OR THEIR CONTENT IS AT YOUR SOLE RISK.
   
   (b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF ANY SITE WILL NOT EXPAND OPERATOR’S LIAB ILITY BEYOND THE LIMITS OF ANY CONDITIONS UNDER WHICH ACCESS HAS BEEN GRANTED. YOU UNDERSTAND AND AGREE THAT OPERATOR IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR BUSINESS, YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER LOSS THAT RESULT FROM USE OF THE SITE OR DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THE SITES. OPERATOR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, COMPATIBILITY OR USEFULNESS OF CONTENT OR COURSES DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITES. OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT ANY SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
   
   (c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN AN APPLICABLE WRITTEN CONTRACT.
   
   (d) ALTHOUGH DATA, COURSES, COURSE CONTENT, REPORTS, DRAWINGS, CONFIGURATIONS, AND CATALOG LISTINGS ON THE SITES ARE BELIEVED TO BE ACCURATE, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS TO YOUR PARTICULAR NEEDS OF ANY COURSE, PRODUCT OR SERVICE. LISTINGS AND CONTENT FOR COURSES AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS RESERVE THE RIGHT TO MAKE CHANGES WITHOUT NOTICE TO CONTENT, MATERIALS, OR CONFIGURATION. COURSES LISTED IN ONLINE CATALOGS ARE NOT GUARANTEED TO BE AVAILABLE AT THE TIME OF YOUR REGISTRATION.

1. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OPERATOR OR ITS AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OPERATOR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE ANY SITE OR ANY CONTENT CONTAINED ON ANY SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 11 AND SECTION 10 ABOVE SHALL ALSO APPLY TO PROTECT THE PARENTS AND SUBSIDIARIES OF OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, AND SUPPLIERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT FOR THIS PURPOSE, AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. General
   
   (a) International. Your access to any Site from territories where its contents may be illegal is prohibited.
   
   (b) Compliance with Export Control Laws. All transactions and other activity on any Site shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations and any amendments thereof of the U.S.A. and user’s country. User hereby agrees that it shall not, except as said laws and regulations may expressly permit, make any disposition by way of transshipment, re-export, diversion or otherwise, of technical information (including but not limited to technical data and software) made available on or through any Site, or the direct product thereof, other than as permitted by applicable export control laws and regulations. Additional export restrictions, including those relating to educational materials, data, information, software, assistance and services, may also apply, as stated in the Terms of Use or Supplemental Terms of Use for a particular Site or any applicable agreement. All obligations in this paragraph survive any termination of site access, and discharge of any other contract obligations.
   
   (c) Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, and the federal laws of the United States of America, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Connecticut for any disputes arising from or related to any Site or these Terms. You also agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
   
   (d) English Language. The parties agree that there shall be no requirement to translate any of the Sites, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
   
   (e) Enforceability. These Terms are not intended to alter the terms or conditions of any other agreement you may have with Operator or its Service Providers, Affiliates or Business Partners to the extent that those agreements govern issues other than your use of any of these Sites, nor any agreements that they may have with one another. Should any provision in these Terms be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect the validity or enforceability of the remaining provisions which shall continue in full force and effect. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.