Use of the Web Site.
- Eligibility. Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
- Compliance. You must comply with all of the terms and conditions of this document, any policies referred to below or on the Web site, and all applicable laws, regulations and rules when you use the Web Site.
- License and Restrictions. Subject to the terms and conditions of this document, you are hereby granted a limited, revocable, nonexclusive right to use the Site and the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. Nightingale College will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Terms & Conditions or otherwise, except as expressly set forth in this Terms & Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sub-license from materials or content available on the Web Site. You may not attempt to engineer any of the technology used to provide the website services.
- Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge the previous mentioned security risk when you provide/submit your personal information nightingale.edu.
- Copyright. All materials on the Web Site and available through the website, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Nightingale College, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. © 2012 Nightingale College. ALL RIGHTS RESERVED.
- Trademarks. Product names, logos, designs, titles, and words or phrases used on any Nightingale College web site, including, without limitation, NIGHTINGALE COLLEGE, CONFIDENCE COMPETENCE COMPASSION, CRADLING HANDS, NIGHTINGALE DIFFERENCE and design marks (including, without limitation, the SEAL Design) are owned by Nightingale College, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Nightingale College. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Web Site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express written consent.
- Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Website or Nightingale College Experience, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Nightingale College under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Nightingale College does not waive any rights to use similar or related ideas previously known to Nightingale College, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us.We are and will be under no obligation
- to maintain any Ideas in confidence;
- to pay to you or any third party any compensation for any Ideas; or
- to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
Intellectual Property Policy.
Nightingale College respects the intellectual property rights of others and expects its users to do the same. Nightingale College may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Nightingale College will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Third Party Sites.
You represent and warrant to Nightingale College that:
- you have the full power and authority to enter into and perform your obligations under this Terms & Conditions;
- your assent to and performance of your obligations under this Terms & Conditions does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules;
- this Terms & Conditions constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions;
- you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Web Site or the Services; and
- you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site, including this Terms & Conditions.
You agree to defend, indemnify, and hold Nightingale College and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
- alleging facts or circumstances that would constitute a breach of any provision of this Terms & Conditions by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to User Created Content you submit,
- arising from, related to, or connected with your use of the Web Site,
Changes to the Web Site or Service.
Nightingale College may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site, temporarily or permanently, at any time without notice to you, and Nightingale College will not be liable for doing so. Additional Terms.
This Terms & Conditions contains the entire understanding of you and Nightingale College regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and Nightingale College regarding its subject matter. This Terms & Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. This Terms & Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of Nightingale College. No failure or delay by a party in exercising any right, power or privilege under this Terms & Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Terms & Conditions. You and Nightingale College are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Terms & Conditions. The invalidity or unenforceability of any provision of this Terms & Conditions will not affect the validity or enforceability of any other provision of this Terms & Conditions, all of which will remain in full force and effect.
These Terms of Service were last revised on May 30, 2012
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