Please read these Terms of Use ("Terms") carefully before (1) accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction or any other on-line activity or forum available at www.uvu.edu, www.uvualumni.org or other Utah Valley University (UVU) sites ("Site" or "Sites"); and, (2) downloading, installing, or using any UVU mobile app (each such app referred to hereafter as the “App”). By accessing, using, or participating in the Sites, or downloading, installing, or using the App, you signify that you have read these terms and agree to be bound by and comply with them as well the Utah Valley University Privacy Statement (the “Privacy Statement,” found at www.uvu.edu/legal/privacy.html), which together govern Utah Valley University's relationship with you in relation to the App and the Sites. Your use of the Sites or the App is subject to the Terms, including the “Additional Terms for UVU Mobile Apps” further below. If you do not agree to be bound by these Terms, please promptly exit all Sites and remove the App from any device on which you installed it. Utah Valley University reserves the right to modify these Terms at any time and will publish notice of any such modifications on-line at this Site or elsewhere on-line. By continuing to access a Site or use the App after notice of such modifications has been published, you signify your agreement to be bound by them. This version of the Terms is effective as of the date on which it was posted, which is July 22, 2021, and supersedes any earlier version.
The information contained on the Sites or made available through the App (collectively, the “Information”) is for general information purposes only. Utah Valley University makes no representations or warranties of any kind, express or implied, about completeness, accuracy, reliability, suitability, or availability with respect to the Sites, the App, or the Information, products, services, or related graphics contained on the Sites for any purpose. Any reliance you place on the foregoing is therefore strictly at your own risk.
Sites may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of the Sites, nor the links to other websites, are screened, approved, reviewed or endorsed by Utah Valley University, the Utah Valley University Alumni Association, or any Utah Valley University-affiliated entity ("Utah Valley University"). Utah Valley University is not a publisher of any of the content of the Sites, or of any content that may be available through links to and from them, and is acting solely as an internet service provider. 47 U.S.C. § 230(c)(1).
The text and other material on the Sites or made available through the App are the opinion of the specific author and are not statements of advice, opinion, or information of Utah Valley University. If you feel you might be offended by the content of the Sites, you should not continue.
In no event will Utah Valley University be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of these Sites or the App.
Every effort is made to keep the Sites up and running smoothly. However, Utah Valley University takes no responsibility for, and will not be liable for, the Sites being temporarily unavailable due to technical issues.
Personally identifying information is subject to the Privacy Statement, the terms of which are incorporated herein. Please review the Privacy Statement to understand Utah Valley University’s practices.
You agree to use the Sites and the App in accordance with all applicable laws. Because Utah Valley University is a nonprofit, tax-exempt organization, you agree that you will not use the Site or the App for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on the Sites, or on any other Utah Valley University computing resources:
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video, and musical recordings, may not be placed on the Sites without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
Utah Valley University students using the Sites and the App are expected to abide by the Student Rights and Responsibilities Code which has set the standard of conduct for students at Utah Valley University and which provides:
“The University expects all students to maintain integrity and high standards of individual honesty in academic work, to obey the law, and to show respect for others.”
Utah Valley University employees using the Sites are expected to abide by the University Valley University Code of Conduct.
Although Utah Valley University does not routinely screen or monitor content posted by users to the Sites, Utah Valley University reserves the right to remove content, of which it becomes aware, that violates the above rules, but Utah Valley University is under no obligation to do so.
Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.
In consideration for your agreement to the Terms, Utah Valley University grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material. It is your responsibility that use of any information, software, or any other content on the Sites is permissible.
You may use the Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Utah Valley University does not monitor the content of the Sites, Utah Valley University has the right to remove material from the Sites, block access, or take other action with respect to the material in its sole discretion, although Utah Valley University is under no obligation to do so. You may not use Utah Valley University computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.
Utah Valley University's Site may or the App may include hyperlinks to websites maintained or controlled by others. Utah Valley University is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.
If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the App, Website, Content and Services, or Third-Party Materials, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby grant to us on your behalf, and shall cause your employees, contractors, and agents to grant, the royalty free, irrevocable, and perpetual right and license to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
These Terms and any litigation or claim that arises due to such use shall be governed by the laws of the State of Utah. Any action you bring related to the Sites shall be brought in either the state or federal courts located in Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The logo, name, and all graphics on the Sites of Utah Valley University, Utah Valley University Alumni Association ("UVUAA"), the Utah Valley University Athletic Department, or any of their affiliates, are trademarks of Utah Valley University or its affiliates. Use, reproduction, copying, or redistribution of trademarks, without the written permission of Utah Valley University or its affiliates is prohibited.
You agree to indemnify and hold Utah Valley University harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms, your use of a Site or the App, or your placement of any content onto a Site, and to fully cooperate in Utah Valley University's defense against any such claims.
If you use or access a Site or the App, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Sites will be accurate and complete. Utah Valley University and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The Sites may contain errors and omissions relating to product description, pricing, and availability. Utah Valley University reserves the right to correct errors or omissions without prior notice. Utah Valley University also reserves the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability, or other reason.
These Terms constitute the entire agreement between you and Utah Valley University and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
You shall not: (a) copy the App, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. UVU and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that if UVU designates the App as a “beta,” “pre-release,” “trial,” or similar designation version (a “Pre-Release Version”), that a Pre-Release Version does not represent the final product and may contain bugs, errors and other problems that may cause system or other failure or data loss, and that UVU may discontinue the Pre-Release Version or support for the Pre-Release Version at any time, with or without notice to you.
Your license to the App under these Terms pertains solely to the App and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component of the App.
You acknowledge that when you download, install, or use the App, UVU may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to Privacy Statement. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
The App may provide you with access to UVU’s website located at www.uvu.edu (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed these Terms and the Privacy Statement. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Statement and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality.
UVU may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that UVU has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: the App will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that UVU is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. UVU does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or UVU as set forth in this “Term and Termination” Section.
You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
UVU may terminate this Agreement at any time without notice if it ceases to support the App (which UVU may do in its sole discretion) or if you violate any of the terms and conditions of this Agreement. In addition, UVU may terminate this Agreement without cause by providing two (2) business days’ notice of termination.
If UVU designates the App as a “beta,” “pre-release,” “trial,” or similar designation version to be used during an evaluation or testing period, if the Agreement is not terminated earlier in accordance with this “Term and Termination Section,” the Agreement will terminate at the end of the evaluation or testing period.
Upon termination all rights granted to you under this Agreement will also terminate; and, you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
Termination will not limit any of UVU's rights or remedies at law or in equity.
The APP is provided "as is" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Utah Valley University, on its own behalf and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the APP, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Utah Valley University provides no warranty or undertaking, and makes no representation of any kind that the APP will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
A pre-release version of the APP is believed to contain defects. Utah Valley University makes pre-release versions available for the primary purposes of obtaining feedback on software performance and the identification of defects. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of a pre-release version or its accompanying materials.
To the fullest extent permitted by applicable law, in no event will UVU or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the APP or the content and services for:
Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages;
Any other loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) Any changes that UVU may make to the APP, content and services, or website (the “offerings”), or for any permanent or temporary cessation in the provision of the offerings (or any features within the offerings); (ii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the offerings; (iii) Your failure to provide UVU with accurate account information; or, (iv) Your failure to keep your password or account details secure and confidential.
The Foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or UVU was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
The Terms and the Privacy Statement constitute the entire agreement between you and UVU with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
