ATTN: Online Policy Manager
225 South Sixth Street
Minneapolis, MN 55402
Our Sites, including all of the software and code comprising or used to operate our Sites, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our Sites, including without limitation content submitted by users of our Sites (collectively "Content") are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Capella or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on our Sites does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through our Sites. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use our Sites and to display, download, or print portions of our Sites on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
You are responsible for User Generated Content you post on our Sites. You are solely responsible for the User Generated Content that you post on our Sites. Under no circumstances will we be liable in any way for any User Generated Content posted to our Sites. Such User Generated Content may be posted on or accessed through our Sites in our sole discretion.
Because we do not control the User Generated Content posted on our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Sites, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Sites, whether by us, individual users of the Sites, or our third-party contractors or licensors. The communications posted on our Sites express the personal opinions of the individuals who posted them and do not necessarily reflect the views of Capella or any person or entity associated with Capella.
Restrictions on User Generated Content. It is a condition of these Terms and Conditions that you do not:
Remember, you are legally responsible for your User Generated Content. You can be held personally liable if your User Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging onto our Sites using your username and password, including those doing so without your authorization.
Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Capella's social media sites are designed to support of Capella's faculty, staff and learners in their role as important members of the Capella community. Information, including, but not limited to names, e-mail addresses, and educational programs, gained through use of Capella's social media sites may not be used for personal endeavors, whether these endeavors are commercial, charitable, community oriented, or otherwise designed to promote the personal interests of the User. Users who fail to honor the appropriate use of information may be curtailed from continued use of the social media sites and may face further action if found to have violated any of Capella's policies.
Violation of copyrights. Capella does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on any of our Sites or has been otherwise copied and made available on our Sites in a manner that constitute copyright infringement, please notify our Copyright Agent immediately. Your notice must be in writing and must include
Your statement may be e-mailed to email@example.com or mailed to the following address:
ATTN: DMCA Agent
225 South Sixth Street
Minneapolis, MN 55402
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Capella names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on our Sites, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Capella (the "Capella Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on our Sites are the property of their respective owners. You are not authorized to display or use the Capella Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Sites without the prior written permission of such owners. The use or misuse of the Capella Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on our Sites as a "hot" link without the prior written approval of the trademark owner.
In consideration of your use of our Sites, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at firstname.lastname@example.org. Until we are so notified you will remain liable for any unauthorized use of your account. If you have simply forgotten your password and need help recovering it, see our login recovery page.
You agree to use our Sites in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through our Sites any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to our Sites is strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of our Sites (including any information, materials, products or services available through our Sites).
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITES. OUR SITES AND ALL OF THEIR CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPELLA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO OUR SITES, THEIR CONTENT, AND ANY COURSES, PROGRAMS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OUR SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPELLA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF OUR SITES; (C) THAT THE CONTENT OR OTHER INFORMATION ON OUR SITES, OR TO ANY SITES WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT OUR SITES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT OUR SITES, THEIR SERVERS,OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON OUR SITES. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE ON OUR SITES BY USERS OF OUR SITES. USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OFCAPELLA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON OUR SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Certain portions of our Sites may be "powered by" third parties. In addition, our Sites may provide links to Web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in our Sites does not imply our endorsement of the site. If you decide to access linked third-party Web sites, you do so at your own risk.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Sites (or any portion thereof) and/or the information, materials, products and/or services available through our Sites (or any portion thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Sites.