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 WEBSITE USE AGREEMENT TERMS

 
 
WEBSITE USE AGREEMENT TERMS
THIS VERSION IN EFFECT SINCE NOVEMBER 13, 2012
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement governs your access to and use of the Fox Valley Technical College (hereinafter "FVTC") website (hereinafter the "Website") and the content, information, and services provided on or through the Website.
This Agreement exempts FVTC, its officers, directors, board members, employees, agents and assigns from liability or limits their liability and contains other important provisions that you should read.
Each time you use the Website, this Agreement as it then reads, will govern your use and access. Accordingly, when you use the Website you should check the date of this agreement (which appears at the top of this Agreement) and review any changes since the last version.
1.       YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement (hereinafter the "Agreement") between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity or organization) and FVTC, the National Criminal Justice Training Center (hereinafter “NCJTC”), or any agent, subsidiary thereof, jointly and severally (collectively referred to hereinafter as "FVTC") owner and operator of this Website, governs your access to and use of the FVTC Website and the content, information and services provided on or through the Website, including all on-line tools (including applications, educational materials, courses, distance learning instruction, technical assistance or other products and services) available on or through the Website.
Each time you access and use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons that you represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.
2.       PERMITTED USERS
The Website may be accessed and used only by persons approved and accepted by FVTC who have reached the age of majority, can form legally binding contracts under applicable law, and have accepted this Agreement. Persons using the Website must comply with all applicable laws. FVTC may in its sole discretion refuse permission to access and use of the Website.
a.     Addition to Portal Use Agreement for Authorized Members of a Law Enforcement Agency.
There are selected work product materials and files containing law enforcement information within this Website that are sensitive in nature and substance for authorized members of a law enforcement agency only, who from time to time will be used by authorized members of a law enforcement agency for various performance requirements, duties ascribed to their job performance under their official duties as authorized members of a law enforcement agency. Those accessing such files hereby affirm and attest that they are duly authorized members of a law enforcement agency currently in good standing within their agencies or departments and are authorized by same to access law enforcement sensitive data contained herein.
I hereby affirm that my agency or department has authorized the agency email or other electronic device to access this Website by myself, an authorized member of a law enforcement agency, such sensitive material from this Website.
Moreover, should I be reassigned within my agency so I no longer require access to perform such duties, or if I am for other disqualifying reasons no longer authorized to use same, I will notify FVTC, or authorize my agency to notify FVTC so that access shall be terminated.
I hereby agree that if for any reason whatsoever, my employment with the agency that I used to register for this Website terminates, I will immediately notify FVTC so that my access shall be revoked.  I acknowledge my responsibility to maintain absolute control over all materials accessed or downloaded from this Website and will use all necessary steps to ensure such material under my possession is not released to unauthorized persons or organizations.
3.       AVAILABLITY OF PROGRAMS, PRODUCTS AND SERVICES
The programs, products or services provided on the Website by FVTC are available for students, faculty, grantees or other approved persons according to the specific agreements, rules and regulations attendant to those certain programs, products or services as required by FVTC, and that access and use of such programs, products or services from the Website signifies your acceptance and agreement to all rules, requirements and regulations attendant to each distinct program, in addition to those included in this Agreement, that apply to each individual program, as a pre-requisite to qualifying for such programs, such rules, requirements and regulations are incorporated herein by reference. It is understood and agreed by all persons seeking access to and use of the Website programs, products and services, all such rules, requirements and regulations to such programs may be provided upon request.
4.       CHANGES TO THIS AGREEMENT
Notwithstanding any other terms in any agreements you have with FVTC, FVTC may, in its sole discretion, change, supplement, or amend this Agreement from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting a revised agreement on the Website. Each time you use the Website, you should check the date of this Agreement (which appears at the top of this Agreement) and review any changes since the last version. By using the Website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not use the Website. You may not change, supplement, or amend this Agreement in any manner.
5.       THIS AGREEMENT AND OTHER AGREEMENTS
This Agreement is in addition to and supplements any other written agreements that you or any persons you represent have with FVTC concerning your dealings with FVTC. FVTC programs, products and services available and/or referenced on the Website may be subject to the applicable agreements governing their supply, availability, and use, to include grant requirements and conditions. If there is any conflict or inconsistency between the provisions of this Agreement and the provisions or conditions of supply agreements, grants or other relevant instruments, this Agreement governs with respect to section 4 above, and the applicable service agreement, grant or other relevant instrument will govern in respect in all other matters.
6.       NO ADVICE
This Website is for informational or general illustrative purposes only. The Website, programs, products or services thereon is not guaranteed to be accurate, complete, or timely. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed or provided therein. You should obtain appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or through the Website. You should not consider any such informational data provided on or through the Website as legal advice, or as a substitute for any professional consultation with legal, law enforcement, medical or other professional advisors in any particular field. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR STUDIED ON THIS WEBSITE. You hereby agree by using the Website that all information provided herein is for informational purposes only and it is not a forum for professional advice nor is it intended to be a substitute therefore.
7.       NOTICE TO PUBLIC
FVTC does not wish to use this Website as an interactive forum of exchange with the public with regard to questions or issues of a legal, law enforcement investigation, medical or other professional inquiries nature. Unsolicited e-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact specific departments within the college, please do so by telephone, fax or regular mail in the manner set forth on the Website. Media and other inquiries of a general nature may be forwarded to the appropriate email address listed on the Contact Us web page.
8.       INFORMATION COMMUNICATIONS AND SUBMISSIONS
All information you provide to and through the Website, including your legal name, residential address, email address, and information relating to use of programs, courses, products or services through the Website, must be true, accurate, current and complete. FVTC will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, FVTC or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
You authorize FVTC to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to affiliates, providers, grantors, employees and representatives of FVTC by means of the Website, email or other communications, such disclosure within the sole discretion of FVTC, and (c) respond to your communications by means of Internet communications, email or other communications.
Communications you send to FVTC by means of the Website are not effective unless and until they are processed by the responsible FVTC representative. FVTC may refuse to process any communication sent to FVTC by means of the Website, or may reverse the processing of any communications sent to FVTC by means of the Website, at any time in FVTC's sole discretion, and without any notice or liability to you or any other person, including without limitation if: (a) FVTC cannot process the communications; (b) the communications violate any provision of this Agreement or any other agreement that you or any other person may have with FVTC; (c) if completion of the communication could violate any FVTC policies or procedures or any law, regulation, rule or standard of any governmental authority; (d) you are hereby notified that any such communication by you to the Website that appears to violate such laws of the state, federal or local statute, may be reported to the appropriate law enforcement authority, solely within the discretion of FVTC.
You will not upload or distribute any information or material to or using the Website that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a material that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; or
6. (a) does not generally pertain to the designated topic or theme of the relevant purpose of the Website; (b) violates any specific restrictions applicable to a Website, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
FVTC cannot and does not ensure that other users are or will be complying with the foregoing rules of conduct or any other provisions of this Agreement, and, as between you and FVTC, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
9.       CONFIDENTIALITY AND SECURITY
Regardless of any security systems FVTC may use, security and privacy risks related to the Internet and the Website cannot be eliminated. Once you have initiated a session in connection with the Website, you must not leave the computer from which you have accessed the Website unless and until you have terminated the session and logged off the Website. When you complete a session, you are responsible for clearing your browser's cache or temporary Internet file to ensure your personal identifiable information is not accessible by others. Certain parts of the Website may be located outside the state of Wisconsin. The information you submit through the Website may be stored at various locations, and as such, may be subjected to various jurisdictions and legal requirements thereof, including the required disclosure of your information to third parties in accordance with applicable laws.
This system is for the use of authorized FVTC users only. To protect the system from unauthorized use and to insure that the system is functioning properly, system personnel monitor this system. Individuals using this computer system and Website without authority, or in excess of their authority, are subject to having all of their activities on this system or Website monitored and recorded by Website system personnel, and may be subject to criminal, civil, and/or administrative action. In the course of monitoring individuals improperly using the Website system, or in the course of Website system maintenance, the activities of authorized users may also be monitored. Anyone using this Website system expressly consents to such monitoring  and is advised that if such monitoring reveals possible evidence of criminal activity, Website system personnel may provide the evidence of such monitoring to law enforcement officials.
10.   ERRORS AND CORRECTIONS
Errors may occur in and information located on or accessed through the Website may become out of date. FVTC does not guarantee the accuracy, completeness, or timeliness of the information available through the Website. FVTC may in its discretion change the information available on or through the Website at any time and from time to time without any notice or liability to you or any other person. You may obtain complete and up-to-date information regarding FVTC programs, products, and services by contacting FVTC main campus whose contact information can be found at www.fvtc.edu.
11.   DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
DISCLAIMER
Your access to and use of the Website is at your own risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis, and without any representations, warranties, or conditions of any kind (whether express, implied, or statutory), and including without limitation representations, warranties, or conditions of title, non-infringement, merchantability, fitness, for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by FVTC to the fullest extent permitted by law. There are not any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website; (b) scanning for and preventing the receipt and transmission of viruses, Trojan Horses, worms, or other destructive or disruptive components; (c) maintaining a complete and current backup of all the information contained on your computer system prior to accessing or using the Website.
The Internet is not a secure medium, the Website may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website may be affected by the numerous factors beyond FVTC's control. The operation of the Website may not be continuous or uninterrupted, secure or private.
Without limiting the generality of the foregoing, FVTC makes no representation, warranty or condition that; (a) the Website will be compatible with your computer and related equipment and software; (b) the Website will be available or will function without interruption or will  be free of errors or that any errors will be corrected; (c) the Website will meet your requirements; (d) the information contained in the Website will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the access to or use of the Website; (f) the access to or use of the Website will not infringe the rights (including the intellectual property rights) of any person; (g) and FVTC disclaims any and all liability regarding such matters to the fullest extent permitted by law.
LIABILITY EXCLUSION
FVTC WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE) LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE ACCESS TO AND USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FVTC OR PROVIDER THAT MAY BE RESPONSIBLE---YOU ASSUME THE ENTIRE RISK OF SUCH LOSS SET FORTH ABOVE BY ACCESSING AND/OR USING THE WEBSITE. FVTC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY FVTC IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO THE WEBSITE, OR FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT, OR WITHDRAWAL OF THE WEBSITE OR EMAIL SERVICES.
YOU ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.
12.   OWNERSHIP AND PERMITTED USES OF THE WEBSITE
All rights are reserved by FVTC and its' ownership of the Website. The Website and all information (in text, graphical, video, or audio form), content, images, icons, software, designs, applications, on-line tools, calculators, models, data and other elements available on or through the Website are the property of FVTC or its licensors. Such rights are protected under the laws of the United States, international copyright, trademark and other laws. Your access to and use of the Website does not transfer to you any ownership or other rights in the Website or its contents.
The Website may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of FVTC. You may not reproduce, copy, duplicate, sell, or resell, any part of the Website or access to the Website.
The Website may be used only for lawful, personal and non-commercial purposes. You may print the pages of the Website for your lawful, personal, and noncommercial use, provided that you do not modify any of the content and you not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
13.   TRADEMARK INFORMATION
The trademarks, trade names and logos (hereinafter the "Trademarks") that are used and displayed on the Website include registered and unregistered Trademarks of FVTC and/or third parties. Nothing on the Website will be construed as granting any license or right to use any Trademark displayed on the Website. Users are prohibited from using any Trademarks without written permission of FVTC or applicable Trademark owner.
14.   OTHER BUSINESSES AND SITES
The Website may include advertisements for information about, or links to, other businesses or Internet sites or resources operated by other persons (hereinafter collectively referred to as "Other Businesses and Sites"). Other Businesses and Sites are independent from FVTC and as such FVTC has no responsibility or liability for or control over Other Businesses and Sites or the information, goods, or services available from or through those Other Businesses and Sites. Links to Other Businesses and Sites are provided solely for your convenience. Unless otherwise indicated, FVTC does not sponsor, endorse, or approve any Other Businesses and Sites, or the information, goods, or services available through same. Your dealings with, access to, and use of Other Businesses and Sites is at your own risk, and you will not make any claims against FVTC arising out of your access to or use of Other Businesses and Sites. Your access and use of this Website evidences your agreement to the conditions set forth herein. You are not permitted access or use to this Website if you do not agree to such conditions set forth in this Agreement.
15.   CLAIMS OF COPYRIGHT INFRINGEMENT
FTVC has a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to FVTC's "Designated Agent," as provided below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Jill McEwen
Full Address of Designated Agent to Which Notification Should be Sent: Fox Valley Technical College, P.O. Box 2277, Appleton, WI 54912-2277
Telephone Number of Designated Agent: (920) 996-2847
Facsimile Number of Designated Agent: (920) 996-2878
E-Mail Address of Designated Agent: mcewen@fvtc.edu
To be effective, the notification must be a written communication that includes the following:
·         a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
·         identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
·         identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
·         information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
·         a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
·         a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
·         your physical or electronic signature;
·         identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
·         a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
·         your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which FVTC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
16.   TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, you may no longer use the Website and you are not authorized to do so. FVTC may, at any time and for any time in its' discretion: (a) change, suspend, or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website; all without any notice or liability to you or any other person. If your permission to use the Website is terminated by FVTC or if you cease using the Website because you no longer want to comply with the terms of this Agreement, this Agreement and all other then existing agreements between FVTC and you or any other persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. FVTC records regarding your access to and use of the Website and any transactions or communications through the Website or email, unless shown to be wrong, is conclusive evidence of your access to and use of the Website and of the communications. You agree not to object to the admission of FVTC's records as evidence in any legal proceeding on the ground that the records are not the originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.
Notwithstanding any other provision of this Agreement to the contrary, the provisions necessary for the interpretation or enforcement of this Agreement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable. You hereby agree that in the event of formal legal proceedings regarding the enforcement of rights of any party hereto, that all parties agree the venue and forum is in the state of Wisconsin courts, state or federal, for the arbitration or litigation of any issues regarding this Agreement.