Terms of Use-Gelfand - Carnegie Mellon University

SHORT DISCLAIMER:

© 2009 Carnegie Mellon University. All Rights Reserved.
THE MATERIALS AND INFORMATION MADE AVAILABLE ON THIS SITE (THE "MATERIALS") MAY BE USED BY TEACHERS ON AN "AS-IS" "AS AVAILABLE" BASIS. TEACHERS MAY COPY AND/OR USE THESE MATERIALS ONLY IN CONNECTION WITH THEIR NON-COMMERCIAL CLASSROOM TEACHING ACTIVITIES AND ARE RESPONSIBLE FOR TAKING ALL NECESSARY SAFETY PRECAUTIONS FOR THE EXPERIMENTS. TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, CARNEGIE MELLON UNIVERSITY IS NOT RESPONSIBLE FOR ANY CLAIMS, DAMAGES OR OTHER LIABILITY ARISING OUT OF THE USE OF THE MATERIALS. BY VIEWING, COPYING AND/OR USING THESE MATERIALS, YOU AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS OF USE BELOW. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE MATERIALS.

FULL TERMS OF USE:

Use and Acceptance.
This web site (the "Site") and any and all information and/or materials offered and/or provided by Carnegie Mellon University ("CMU") through or as a result of your use of this Site (collectively, the "Materials"), are offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein (the "Terms of Use"). CMU may also require that you agree to other specific terms and conditions at the time you use or sign up for use of and/or access to certain Materials and/or portions of the Site. Your use of this Site or of any Materials constitutes your agreement to all such terms, conditions and notices. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site or any Materials offered or provided through this Site.
Modification.
CMU may update and change these Terms of Use from time to time without notice to you. You must review these Terms of Use each time you use this Site or Materials to make sure you are still in agreement to abide by them. You agree that by using this Site or Materials or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.
Authority.
You agree that you have the legal right and ability to agree to these Terms of Use and that you will use this Site, the Materials, and any products or services received as a result of your use of the Materials in a manner consistent with these Terms of Use.
Authorized Use; Copyrights and Trademarks.
This Site and the Materials may contain copyrighted works and trademarks and other proprietary material owned by CMU. If no specific restrictions are displayed, you may download, view and use the information available from this Site for non-commercial teaching purposes provided that you retain any and all copyright, trademark or service mark notice or attribution as they appear. However, except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site without the express written permission of CMU. You may not modify, alter, revise, paraphrase, omit, or change any Material or images on or from this Site without the express written permission of CMU. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof, except as expressly authorized. You may not modify, amend, reduce the size of or in any way obliterate any warning, notice, liability limitation, or other license provision in Material or images on or from this Site and provided by CMU for itself or other content providers. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under these Terms of Use unless otherwise agreed to in writing by CMU. Nothing contained on this Site and/or the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right in and to CMU trademarks or copyrighted material of CMU or any third party without the express written permission of the applicable party. You also agree not to use the Site and/or Materials for any unlawful purpose. You agree to comply with reasonable written requests by CMU to protect CMU's respective rights in the information contained in this Site and/or as a part of the Materials.
You may not engage in any conduct which violates these Terms of Use or restricts or inhibits any other user from using or enjoying the Site, and/or any conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, and CMU reserves the right to prohibit access to and/or take legal action with respect to any individual or entity engaging in such conduct. Please note that unauthorized entry (commonly referred to as hacking) into any portion of the Site may constitute a crime under state and/or federal law. CMU reserves its right to prosecute these violations to the fullest extent permitted by law.
Disclaimers.
CMU MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE AND ANY MATERIALS. THE INFORMATION CONTAINED ON THIS SITE AND ANY MATERIAL IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CMU DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMU DOES NOT GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THIS SITE AND/OR THE MATERIALS. CMU CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY MATERIALS WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS CMU FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability.
BY ACCESSING THIS SITE AND/OR USING OR RECEIVING ANY MATERIALS, YOU AGREE TO HOLD HARMLESS AND WAIVE ANY AND ALL CLAIMS AGAINST CMU REGARDING THE MATERIALS PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE MATERIALS, AND ANY USE BY YOU OF SUCH MATERIALS. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIALS (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, MATERIALS, OR DISTRIBUTION OF MATERIALS THROUGH THIS SITE. CMU SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, INFORMATION, PROCEDURES, OR OTHER INFORMATION OBTAINED THROUGH THIS SITE.
CMU'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE AND/OR ANY MATERIALS IS YOUR CESSATION OF THE USE OF THIS SITE AND/OR ANY AND ALL MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY CERTAIN KINDS OF DAMAGES, IN SUCH STATES CMU'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification.
YOU AGREE TO INDEMNIFY AND HOLD CMU HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR VIOLATION OF THESE TERMS OF USE; OR (B) DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM YOUR USE OF THE MATERIALS.
Severability.
If a court determines that any portion of these Terms of Use is illegal or unenforceable, then such portion will be eliminated and the remaining Terms of Use will remain in force and effect.
Entire Agreement; Jurisdiction And Choice Of Law And Forum; Arbitration.
These Terms of Use (along with any separate electronic and/or written agreement you may have with CMU regarding a specific portion of the Site) constitute your entire agreement with CMU regarding this Site and any Materials, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CMU with respect to the Site or the Materials. These Terms of Use, the Site, the Materials, and any and all claims relating thereto are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with CMU, its employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site and/or the Materials resides in an appropriate federal or state court located in the County of Allegheny, Commonwealth of Pennsylvania, and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought relating to these Terms of Use, the Site, or the Materials.
Links To Other Web Sites.
This Site may from time to time provide links to other web sites that we think might be of interest to our users ("Linked Sites"). Please note that when you click on one of these links and go to a Linked Site, you may be moving to another provider's web site. Such Linked Sites are not under the control of CMU, and CMU is not responsible for the contents or the proper operation of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by CMU or any association with its operators. CMU cannot control the activities of any such provider once a user leaves this Site. We encourage you to read the terms of use of these Linked Sites as their policies may differ from ours.
Security.
CMU is not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet services provider carefully. Moreover, information that you retrieve via this Site may be cached or stored during your session for your convenience; therefore if others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off when you are done viewing information or anytime you leave your computer. CMU is not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Materials (including, but not limited to, any applicable User ID and passwords) confidential and in a safe place.
Use Outside of the United States; Limited Availability.
THIS SITE WAS CREATED IN THE UNITED STATES AND COMPLIES WITH LOCAL UNITED STATES LAWS. THIS SITE AND/OR THE MATERIALS MAY NOT COMPLY WITH LEGAL REQUIREMENTS OF FOREIGN COUNTRIES. THIS SITE, THE MATERIALS, AND ANY AND ALL INFORMATION OBTAINED THEREFROM ARE NOT PROVIDED TO AND MAY NOT BE USED BY ANY PERSON OR ENTITY IN ANY JURISDICTION IN VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS. THEREFORE, NOT ALL MATERIALS DESCRIBED ON THIS SITE MAY BE AVAILABLE TO ALL PERSONS OR ENTITIES OR IN ALL JURISDICTIONS.