Disclaimer

Thank you for visiting the Alfred University (“AU”, “we”, “us”, “our”) website.  These Terms of Use (“Terms”), together with our Privacy Policy set forth the terms and conditions that apply to your use of this website and any chatroom, newsgroup, bulletin board, mailing list, websites, transaction or other online-forum available at www.alfred.edu, my.alfred.edu, mostarts.alfred.edu, ceramicsmuseum.alfred.edu, fosdicknelson.alfred.edu,  confucius.alfred.edu, and tinyhouse.alfred.edu (the “Site”). By using this Site, you agree to comply with all of the Terms set forth herein.  PLEASE READ ALL OF THE FOLLOWING TERMS BEFORE USING THE WEBSITES.

Occasionally, we may, in our sole discretion, make changes to these Terms.  When we make material changes to the Terms, we’ll provide you with prominent notice.  Your continued use of the Site constitutes your acceptance of the changes.

Disclaimer

The Site may include unmoderated forums containing the personal opinions and other expressions of people who post entries on a wide range of topics.  Neither the content of this Site, nor the links to other websites, are screened, approved, reviewed, or endorsed by AU or any AU-affiliated entity (together, “Alfred”).  Alfred is not a publisher of any of the content of the Site, or of any content that may be available through links to and from them. 

The text and other material on any such forums are the opinion of the specific author and are not statements of advice or opinions by, or official information about, Alfred. 

Rules for Online Conduct

You agree to use the Site in accordance with all applicable laws.  You agree that you will not e-mail or post any of the following content anywhere on any of the Site:

  • Threatening or defamatory content;
  • Harassing statements or content that violates federal or state law;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes on another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets;
  • Obscene material;
  • Content that is otherwise unlawful;

Additionally, you agree that you will not access or attempt to misrepresent your identity while using the Site.

Alfred students and employees are expected to abide by the Alfred University Code of Conduct.

Although we do not routinely screen or monitor content posted by users on the Site, we reserve the right to remove content which violates the above rules of which we become aware, but are under no obligation to do so.

Your Account

In connection with your visit to the Site, you may be asked to create a user account. If you have created an account with us, you are responsible for safeguarding your password and any other credential used to access that account.  You, and not Alfred, are responsible for any activity occurring in your account, whether or not you authorized that activity.  If you become aware of any unauthorized access to your account, you should notify us immediately.  Accounts may not be shared.

We may occasionally send notices to the email address registered with your account. You must keep your email address, and where applicable, your contact details associated with your account current and accurate.  Accounts are controlled by the entity whose email address is registered with the account.  

Alfred University’s Privacy Policy

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained herein, we grant you a personal, non-exclusive, non-transferable license to access and use the Site.

Copyrights and Trademarks

All materials contained on the Site are Copyright March 31, 2018. (Copyright policy). All rights reserved.  AU and other trademarks (including logos and designs) found on the Site are trademarks that identify AU and the goods/services provided by AU.  Users may download material from the Site only for his or her own personal, non-commercial use.  Users may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material. 

Copyrighted material, including without limitation, software, graphics, text, photographs, sound, video, and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material. 

Alfred respects the intellectual property rights of others.  If you believe your copyright has been violated on an Alfred site, please give notice to webmaster@alfred.edu.

Links to Third-Party Website  

We may provide hyperlinks to websites maintained or controlled by others.  We are not responsible for, do not endorse, and do not routinely screen, review, or approve the contents of or use of any of the products or services that may be offered at these websites.

No Representations or Warranties; Limitations on Liability

Everything provided on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

We do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy, or completeness of the Site, information obtained from a Site, or link to a Site.  We do not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is virus-free.  Use of information obtained from or through these Site is at your own risk.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE.  WE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.  

Indemnification

You agree to release, indemnify, defend, and hold harmless Alfred, the Site and its managers, officers, employees, agents, and the assigns of same from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of your use of the Site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this provision.

International Visitors

The owner of the Site is based in the state of New York in the United States.  If you choose to access the Site from outside of the United States you do so on your own initiative and at your own risk.  You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site.  In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.  We make no representation that you will be able to obtain access to the Site, either within or outside of the United States.

Other Terms

Assignment. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion.  We may assign these Terms at any time without notice to you.

Entire Agreement.  These Terms constitute the entire agreement between you and us, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral, concerning its subject matter. 

Interpretation.  The use of the terms “includes,” “including”, “such as”, and similar terms, will be deemed not to limit what else may be included.

No Waiver.  A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

Severability.  If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of these terms will remain in full effect.

Limitations on Claim.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action or be forever barred.

Governing Law.  These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions.  You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York with respect to any legal proceedings that may arise in connection, interpretation, or breach of the Terms.

Contact Us

If you have any questions concerning these Terms, please contact us at webmaster@alfred.edu.