Terms of Use
YUConnects Terms of Use
Last Modified: March 10, 2022
Please read these Terms of Use carefully. Your use of the Site acknowledges your agreement to these Terms of Use.
The following terms of use (the “Terms of Use”) govern your use of the YUConnects web site (together with all Services (as defined below) the “Site”).
Your use of the Site is governed by these Terms of Use regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise). We provide Site users with access to content and services related to us and our programs, faculty and students, including video, audio, images, forums, text, data and other similar content (such content and services, collectively, the “Services”). These Terms of Use constitute an agreement between you and us.
Quick Links
Click on the links below to go to a specific section of this Terms of Use.
Right to Monitor and Editorial Control
Modification, Waivers, Integration and Termination
Notice for California Residents
1. Acceptance of Terms
By using the Site, you agree to these Terms of Use and to any additional rules and guidelines that we post on the Site. We may make changes to these Terms of Use from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the “Last Modified” legend above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes; provided, however, any material change to these Terms of Use shall not apply retroactively to any claim or dispute between you and us in connection with these Terms of Use that arose prior to the “Last Modified” date applicable to that version of these Terms of Use in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users. If you do not agree to these Terms of Use, you may not access or otherwise use the Site. You represent to us that you are eighteen (18) years of age or older. If you are under the age of 18, your parent or legal guardian must agree to the terms of use on your behalf.
2. Proprietary Rights
We and/or our respective licensors own all rights, title and interest in and to the Site, and all of the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received our express prior permission or the applicable rights holder.
We, our affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site. All trademarks and service marks on the Site not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
3. Limited License
Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by us to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, noncommercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
4. Rules of Conduct
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following rules of conduct, as updated from time to time by us. You will not:
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulation or law.
Post information on or download information from the Site unless You have all rights and authority necessary to do so.
Use the Site in violation of our or any third party’s intellectual property or other proprietary or legal rights.
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
Impersonate any person or entity or misrepresent your affiliation with any other person or entity, including, but not limited to, a YUConnects representative or communicate under a false name or a name You are not entitled or authorized to use.
Insert any advertising, branding or other promotional content into any of the Site’s content, materials or Services (for example, without limitation, in an RSS feed or a podcast received from YUConnects or otherwise through the Site), or use, redistribute, republish or exploit such content, materials or Services for any further commercial or promotional purposes.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Attempt to gain unauthorized access to other computer systems through the Site.
Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging in or registering on the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site.
Obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means.
Interrupt, damage, disable, overburden, or impair the Site or the servers or networks used to make the Site available (including, without limitation, by sending mass unsolicited messages or “flooding” servers with requests), or violate any requirements, procedures, policies or regulations of such networks.
Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and/or enjoyment of the Site (including by hacking or defacing any portion of the Site).
Attempt (or encourage or support anyone else’s attempt) to modify, adapt, translate, circumvent, reverse engineer, decrypt, decompile, disassemble or otherwise alter or interfere with the Site, or any content thereof, or make unauthorized use thereof.
Obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Frame or mirror any part of the Site without our express prior written consent.
Create a database by systematically downloading and storing all or any Site content, or otherwise harvest, mine or collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including, without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site. You may express Your disagreement with someone’s point-of-view, but personal attacks or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
Upload, submit, post, transmit, distribute, publish or otherwise make available through or in connection with the Site:
Anything that is or may be fraudulent, tortious, unlawful, threatening, degrading, hateful, intimidating, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable, including, but not limited to, text, graphics, audio, and video files.
Anything that would constitute, or encourages conduct that would constitute, a criminal offense, or anything that would give rise to civil liability or otherwise violate any local, state, national or international law.
Surveys, advertising, junk mail, spam, contests, investment opportunities, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations or other similarly disruptive content.
Anything that would constitute plagiarism.
Anything that contains a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Anything that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Anything that would violate or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
Anything that could constitute or contain false or misleading indications of origin, endorsement or statements of fact.
Any material non-public information about a company without the proper authorization to do so.
YUConnects neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of YUConnects. You acknowledge that YUConnects and its affiliates are not responsible for and does not assume any liability for the comments and opinions expressed by users of the Site, including, without limitation, with respect to the aforementioned activities. If You believe Your account or Your access to the Site has been terminated in error, please contact YUConnects. YUConnects shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
YUConnects attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, YUConnects cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify us immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
5. Submitted Materials
Site users may submit information and/or materials via or in connection with the Site (including, for example and without limitation, materials that you submit via chat rooms, message boards, blogs, and materials that you send to us via e-mail), including, without limitation, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials (“Submitted Materials”).
By submitting or sending Submitted Materials to us, you warrant and agree that:
The Submitted Materials are original and genuine; and You are the sole and exclusive author and owner, or have the necessary licenses, rights, consents, and permissions to use and authorize YUConnects to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Materials to enable inclusion and use of the Submitted Materials in the manner contemplated by the Site and the Terms of Use.
The Submitted Materials do not infringe any intellectual property or other proprietary right (statutory, common law or otherwise) of another person or entity.
The Submitted Material do not contain any matter that is defamatory, injurious, scandalous, obscene or libelous, that violates another’s civil rights or right of privacy, or that is otherwise unlawful.
You have the right to submit the Submitted Materials to the Site without restriction and grant the rights and licenses described herein.
You hereby grant to YUConnects and its affiliates a perpetual, non-exclusive, worldwide, irrevocable, sublicensable, transferable, royalty-free and fully paid-up license to use, reproduce, distribute, display, perform, prepare or create derivative works of and otherwise exploit the Submitted Materials, in whole or in part, submitted by You to YUConnects, for any purpose, in any media formats and through any media channels. You understand and agree, however, that YUConnects may retain, but not display, distribute or perform, server copies of Submitted Materials that have been removed or deleted.
YUConnects does not endorse any Submitted Materials or any opinion, recommendation or advice expressed therein, and YUConnects expressly disclaims any and all liability in connection with Submitted Materials. YUConnects has the right not to use any Submitted Materials submitted and/or use as much or as little as it may choose in its discretion. YUConnects has the right to remove any Submitted Materials without notice at any time in its discretion. YUConnects reserves the right (but is not obligated) to, without limitation: (a) record Submitted Materials; (b) investigate any allegation that Submitted Materials do not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the Submitted Materials; and/or (c) monitor, edit or disclose any Submitted Materials. Any Submitted Materials will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
6. Privacy Policy
In the course of your use of the Site, you may be asked to provide certain information to us. Our information collection, use and disclosure policies with respect to such information are set forth in the Site’s which is incorporated herein by reference. You are solely responsible for the accuracy and content of information that you submit through the site. You agree that all information you provide to us is true, accurate and complete, and you agree to keep such information up to date. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.
7. Registration
You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
8. Products and Transactions
If you wish to purchase any products made available in connection with the Site (“Products”), or if you wish to make a donation, pay your tuition, or make any other transaction via the Site (each, a “Transaction”), you may be required to visit a separate website or other online service (each, a “Payment Site”) in order to complete your Transaction. Such Payment Site may be operated by us or a third party; the Payment Site’s own “terms of use” agreement should identify the operator of such site. Such Payment Site’s terms of use agreement (or similar legal document made available on such Payment Site), if any, and not these Terms of Use, may govern any Transactions that occur via such Payment Site. We have no responsibility or liability for Transactions that occur via any Payment Site unless we operate such Site and, if so, solely to the extent that we expressly agree to any such responsibility or liability in such Site’s terms of use agreement. References to Products on the Site do not imply our endorsement of those Products.
9. Rules for Promotions
Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
10. Forums
We may, from time to time, make available through or in connection with the Site certain features and functionality, such as chat functionality, bulletin boards, profiles, message boards, blogs, other forums and other such features and functionality (“Forums”). Information contained in the Forums may be provided by our employees or agents, as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in Forums that are inaccurate, misleading or deceptive. We, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, we, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will we, our affiliates, or our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials.
The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of YUConnects or its affiliates.
In addition, we, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers have no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
11. Right to Monitor and Editorial Control
We reserve the right, but does not have an obligation, to monitor, review, evaluate and/or alter any Submitted Materials, and neither YUConnects or its affiliates is responsible for any such Submitted Materials. Without limiting the foregoing, YUConnects reserves the right to disclose any Submitted Materials, or the circumstances surrounding their submission, in accordance with our Privacy Policy. If you become aware of any unlawful, offensive or objectionable material(s) on the Site (except for material that infringes copyright, which is addressed in Section 12 below), contact us at yuconnects@yu.edu with your name and address, a description of the material(s) at issue and the URL or location of such materials.
12. Copyright Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. YUConnects does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove Content, including, without limitation, Submitted Materials, if properly notified that such content infringes on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User Content or other Content in any area of the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the DMCA by providing YUConnects’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact YUConnects’s designated Copyright Agent at:
Andrew J. Lauer, Esq.
2495 Amsterdam Avenue
New York, NY 10033-3201
voice: 646-592-4410
fax: 646-417-7358
e-mail: andrewlauer@yu.edu
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YUConnects through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid. See http://www.copyright.gov or details.
13. Third Party Content
The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional Terms of Use that are not set forth in these Terms of Use or our Privacy Policy(for example, Terms of Use that are made available by the providers of such Third Party Content). These Terms of Use do not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in these Terms of Use shall be deemed to be a representation or warranty by us, our affiliates, or our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers or service providers, with respect to any Third Party Content.
14. Third Party WebSites
The Site may provide links to other websites or resources. YUConnects is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YUConnects shall 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 content, products or services available on such external sites or resources. YUConnects provides these links and references to You only as a convenience. Unless otherwise expressly stated, a link does not imply YUConnects or its affilates’ endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and neither YUConnects nor its affiliates accept any responsibility therefore. If You would like to link to the Site, please contact YUConnects by email at yuconnects@yu.edu.
You agree to defend, indemnify and hold harmless YUConnects, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers from and against any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising out of (a) your use of, or activities in connection with, the Site; or (b) any violation of these Terms of Use by you. YUConnects reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by you hereunder, and in such case, you agree to cooperate with YUConnect’s defense of such claim.
16. Trademarks
YUConnects’ logo and other product and service names are trademarks of Yeshiva University (the “YESHIVA Marks”). You agree not to display, reproduce or otherwise use in any manner any of the YESHIVA Marks without Yeshiva University’s prior written permission.
17. Unsolicited Submissions
Notwithstanding anything to the contrary in these Terms of Use, we do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site or otherwise. We do not treat Unsolicited Submissions as confidential. We have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
18. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, OR ANY PRODUCTS, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE ACCURATE, COMPLETE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. YUCONNECTS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YUCONNECTS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
19. LIMITATION OF LIABILITY
YUCONNECTS, OUR AFFILIATES, AND OUR RESPECTIVE EMPLOYEES, FACULTY, STUDENTS, AFFILIATED RESEARCHERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF SALES, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE, OUR AFFILIATES, AND OUR RESPECTIVE EMPLOYEES, FACULTY, STUDENTS, AFFILIATED RESEARCHERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, YUCONNECTS’ LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at yuconnects@yu.edu with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
20. Modification, Waivers, Integration and Termination
YUConnects may modify the Terms of Use at any time and from time to time. Upon any material modification to the Terms of Use, we will provide You with notice by posting the modified Terms of Use on the Site. The modified Terms of Use will be effective immediately upon its posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes Your agreement to abide and be bound by such terms, as modified. Should You object to any modification, Your sole recourse is to terminate Your use of the Site. The Terms of Use may not otherwise be modified, except in a writing signed by both parties. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.
These Terms of Use are effective until terminated. YUConnects in its sole discretion, may terminate, change, suspend or discontinue all or part of the Site at any time. YUConnects shall not be liable to You or any third party in the event that YUConnects exercises its right to modify or discontinue the Site (or any portion of the Site). YUConnects may terminate, restrict or suspend your use of or access to the Site, at any time, or for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or applicable law. YUConnects maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The Terms of Use constitute the entire agreement of the parties with respect to the matters contemplated hereby.
21. Notices
Any notice or other communication required or permitted to be made under the Terms of Use may be delivered in person, by facsimile, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of YUConnects, below, or (ii) in the case of the Member, in the registration form. Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of the Terms of Use, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of YUConnects, below, or (2) in the case of the Member, in the registration form. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. YUConnects may also broadcast notices or messages on the Site, or other matters of importance; such broadcasts shall constitute notice to Users.
22. Assignment
You shall not assign or otherwise transfer the Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without our prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You without our consent will be void. The Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.
23. Severability
The invalidity or unenforceability of any one or more sections of the Terms of Use shall not affect the validity or enforceability of its remaining provisions.
24. Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:. Please note that we do not endorse any of the products or services listed at these sites.
25. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to yuconnects@yu.edu. You may also contact us by writing to YUConnects, Furst Hall, Suite, 419, 500 West 185th Street, New York, NY 10033- 3201, or by calling us at (646)592-4259. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
26. Jurisdictional Issues
We control and/or operate the Site from the United States. The Site is not intended to subject us to non-U.S. jurisdiction or laws. We do not represent that materials on the Site are appropriate or available for use in jurisdictions outside of the United States. If you access the Site, you do so at your own initiative and risk, and you are responsible for compliance with all applicable local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
27. Governing Law
These Terms of Use shall be governed by the laws of the United States and the State of New York, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in the County of New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if YUConnects is the recipient, set forth below and (b) if the Member is the recipient, set forth in the registration form. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THE TERMS OF USE.
28. Miscellaneous
These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use, together with all policies referred to herein, are the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. The Site may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
29. Acknowledgement
You acknowledge that You have read and understand the Terms of Use, and that the Terms of Use have the same force and effect as a signed agreement.
YUConnects
c/o Yeshiva University
General Counsel
2495 Amsterdam Avenue
New York, NY 10033-3201
voice: 646-592-4410
fax: 646-417-7358
