Terms and Conditions - Martinsburg College Office of Continuing Education

These terms and conditions (“Terms and Conditions”) apply to your use of all Martinsburg College websites, applications, services and products (“Services” or individually a “Service”) that post a link to these Terms and Conditions and that are provided by any MC department (“Martinsburg College”, “we”, “us” or “our”). By accessing or using any of the Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Service’s Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Services.

Using Our Services

Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Martinsburg College, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.

You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission.

You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Martinsburg College server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.

You may not, without the approval of Martinsburg College, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Martinsburg College may at any time exercise editorial control over the Content of the Services. We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.

Notification of Infringement

Notifications regarding any alleged intellectual property infringement should be directed to the Martinsburg College by email addressed to [email protected]

Links to Third-Party Sites

The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Martinsburg College.

Disclaimer of Warranties and Liability

We provide the Services using a commercially reasonable level of skill and care, but neither Martinsburg College nor its suppliers or licensors make any specific promises about the Services, including the Content or any Submission therein. For example, we don’t make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services.

MARTINSBURG COLLEGE AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH MARTINSBURG COLLEGE AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.

To the extent permitted under applicable law, neither Martinsburg College nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals, or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission included in or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge, and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Martinsburg College remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Martinsburg College will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will Martinsburg College be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MARTINSBURG COLLEGE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF MARTINSBURG COLLEGE OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Martinsburg College does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services.

Indemnification

You hereby agree to indemnify and hold Martinsburg College, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the Services or the Content or Submissions.

Registered User Grant of License

Some sites may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Martinsburg College of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Martinsburg College does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. As a registered user of a Service, Martinsburg College grants to you a non-transferable, non-exclusive and revocable license to use the Service according to these Terms and Conditions. Except as expressly granted herein or in any other agreement you have with Martinsburg College, you acquire no right, title or license in the Service or any Content or Submission accessed from or incorporated in the Service.

Password Use and Security

If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Martinsburg College if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Martinsburg College is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.

About These Terms and Conditions

Term and Termination: Any license granted to you to use any Service is effective until it expires, until Martinsburg College terminates it, or until you provide notice to Martinsburg College of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. Martinsburg College reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.

Export Controls: Where the Service, its Content or any Submission consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

No Assignment: You may not assign your rights or obligations under these Terms and Conditions to anyone.

No Waiver: Neither failure nor delay on the part of Martinsburg College to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

Additional Terms: Additional or superceding terms and conditions may apply to purchases or supply of goods or services including intellectual property, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control.

Compliance with Laws: You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any Submission.

Severability: If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

Governing Laws and Venue: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the Martinsburg College regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands, except if you reside outside of the European Union, then the courts located in the country of the Martinsburg College regional office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred.

Changes: Martinsburg College reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of any Service following the posting of any changes will mean that you have accepted and agreed to the changes.

These Terms and Conditions apply to the Martinsburg College Group Companies above, and also to all local Martinsburg College subsidiaries

Last revised: January 24, 2022