Website Terms and Conditions of Use

Please read this document carefully before accessing or using the Internet web site located at www.bellevue.edu, including affiliated web sites owned by Bellevue University, a Nebraska non-profit corporation (“Bellevue University”) which contain authorized links to this document (collectively, the “Site” or “Bellevue University Site”). By accessing or using this Site in any way, including using any Services (as defined below), downloading Materials (as defined below) or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Bellevue University may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Bellevue University may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Please regularly check the “Terms of Use” link at http://www.bellevue.edu/footer/privacy/index.aspx to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. These Terms of Use are in addition to Bellevue University’s other terms, conditions, policies, rules and regulations relating to course instruction and other educational programs and opportunities provided by Bellevue University.

The Site

The Site, including all Materials and Services provided via the Site, are available for your access and use subject to the Terms of Use. “Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, code, programs and products made available or enabled via the Site by Bellevue University. “Services” means all services and resources offered or enabled via the Site by Bellevue University and users of this Site, including download areas, information services and communications services such as online bulletin boards, social networking sites, blogs, Wikis, calendars, forums and other message or communication facilities designed to enable you to communicate with others (“Communications Venues”).

Intellectual Property; Trademark Information

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Bellevue University does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, service marks, logos, URLs and domain names (“Marks”) displayed on this Site are the property of Bellevue University. You are not permitted to use the Marks without the prior written consent of Bellevue University.

Use of Site and Services

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. You are solely responsible for the content of any transmissions you make to the Site or to any Bellevue University faculty member, employee, contractor, agent or student. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability.
  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about Bellevue University employees, faculty members, students, or others.
  • Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems connected to any Bellevue University server or to the Site, whether through hacking, password mining or any other means.
  • Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material(s).
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use the Site, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated sites.
  • Transmit unsolicited or bulk communications to any Bellevue University affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or Linked Sites, Materials or Services.
  • Breach any guidelines, rules, policies or other codes of conduct applicable to your status with Bellevue University and your activity on the Site, including, but not limited to, the policies provided in the Bellevue University Student Handbook, the Bellevue University Course Catalog, applicable Bellevue University Employee and/or Faculty Handbooks and related policy statements (“Bellevue University Policies”).
  • Access or use the Site in any manner that could damage, disable, overburden or impair any Bellevue University server or the network(s) connected to any Bellevue University server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, Services or any Materials or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of Bellevue University or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Bellevue University domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Bellevue University.

The foregoing list of prohibitions provides examples and is not a complete or exclusive list. In addition, if you are a student of Bellevue University or an employee or faculty member of Bellevue University, you have certain responsibilities with respect to your conduct as set forth in applicable Bellevue University Policies. Your conduct on the Site is subject to and must fully conform with the Bellevue University Policies. Violation of the Bellevue University Policies (and any other policies, rules or guidelines that may be applicable) may result in appropriate sanctions, as determined in Bellevue University’s sole and absolute discretion, in addition to the any other consequence, penalty or liability that may result from such behavior.

Usage and Monitoring

You may use the Site only as intended by Bellevue University. While Bellevue University has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site or via Communications Venues, Bellevue University reserves the right to delete and take other appropriate action with respect to such messages, information or files which Bellevue University, in its sole discretion, deems objectionable or otherwise in violation of the Terms and Conditions, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing. By posting or submitting Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to such Materials as described in these Terms of Use, including all the rights necessary for you to post or submit such Materials.

You are solely and entirely responsible for all Materials that you post or otherwise submit via the Site or via Communications Venues. You shall assume all risks associated with the use of such Materials including any reliance on the accuracy, completeness or usefulness of such Materials. Bellevue University does not guarantee the accuracy, integrity or quality of these Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to Materials from others that are offensive, indecent or otherwise objectionable.

Bellevue University’s Rights to Submitted Materials

For all Materials that you post or otherwise submit to the Site, you grant Bellevue University and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Materials, with or without having your name attached to such Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that Bellevue University shall not be liable for any failure to store such Materials on the Site at any time.

Restriction and Termination of Use

Bellevue University may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Bellevue University’s sole discretion, without prior notice or liability to you.

Links to Third Party Sites

The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). For example, there is a link on the Bellevue University Site to an online bookstore owned and operated by Follett Higher Education Group. While the name and logo of Bellevue University may appear on this an other Linked Sites, as a way to conveniently notify students of the sale of certain materials specified for Bellevue University’s curriculum, Bellevue University does not operate this online bookstore. This and other Linked Sites are provided by Bellevue University to you as a convenience and the inclusion of the links does not imply any endorsement by Bellevue University of any Linked Site. Bellevue University has no control of the Linked Sites and you therefore acknowledge and agree that Bellevue University is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Bellevue University is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Warranties and Disclaimers

THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY BELLEVUE UNIVERSITY UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BELLEVUE UNIVERSITY MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BELLEVUE UNIVERSITY MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND BELLEVUE UNIVERSITY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) BELLEVUE UNIVERSITY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) BELLEVUE UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) BELLEVUE UNIVERSITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

BELLEVUE UNIVERSITY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BELLEVUE UNIVERSITY WILL HAVE NO LIABILITY RELATED TO SUBMITTED MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BELLEVUE UNIVERSITY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY SUBMITTED MATERIALS.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BELLEVUE UNIVERSITY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BELLEVUE UNIVERSITY OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. BELLEVUE UNIVERSITY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR STUDENT ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International Users

This Site can be accessed from countries around the world and may contain references to Bellevue University services and programs that are not available in your country. These references do not imply that Bellevue University intends to announce such services or programs in your country. The Site is controlled, operated and administered by Bellevue University from the United States of America. Bellevue University makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws and United States export control laws, to the extent applicable.

Personal Information and Privacy

Bellevue University will use and protect your Personal Information in accordance with the Bellevue University Website Privacy Policy available on the Site, the contents of which are incorporated by reference into the Terms of Use.

Limitation of Liability

IN NO EVENT SHALL BELLEVUE UNIVERSITY ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF BELLEVUE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Spam Email and Postings

In the event of your or others’ access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that Bellevue University would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Bellevue University is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Bellevue University may without restriction block, filter or delete unsolicited e-mail.

Indemnity and Liability

You agree to indemnify and hold Bellevue University and its affiliates’ and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such Materials or content (e.g. reliance on the accuracy, completeness or usefulness of such Materials)); (ii) your access to or use of the Site, Services or Materials; (iii) your connection to the Site, Services or Materials; (iv) your violation of the Terms of Use; (v) your infringement of any third party’s Intellectual Property Rights when using or accessing the Site or Services; (vi) your violation of any rights of any third party; or (vii) your access to or use of Linked Sites and your connections thereto.

Governing Law and Jurisdiction

This Site (excluding Linked Sites) is controlled by Bellevue University from the State of Nebraska. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.

General

The Terms of Use and other rules, guidelines, and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Bellevue University and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Bellevue University on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, you expressly acknowledge that your obligations and responsibilities under the Bellevue University Policies, as applicable, are not superseded by the Terms of Use and that the Bellevue University Policies shall be used together with the Terms of Use to further the purpose of the Terms of Use to the fullest extent allowed by law. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Bellevue University to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.