PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY CHATROOM, NEWSGROUP, BULLETIN BOARD, MAILING LIST, WEB SITE, OR OTHER ONLINE FORUM AVAILABLE AT OWU.EDU (“SITE” OR “SITES”). BY USING AND PARTICIPATING IN THESE SITES, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT ALL SITES. OHIO WESLEYAN UNIVERSITY RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS SITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS A SITE AFTER NOTICE OF SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.
Disclaimer
Individual faculty, student, organizational, and departmental Sites are 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 these Sites, nor the links to other Web sites, are screened, approved, reviewed, or endorsed by Ohio Wesleyan University or any OWU-affiliated entity (“OWU”). OWU is not a publisher of any of the content of these 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 these Sites are the opinion of the specific author and are not statements of advice, opinion, or information of OWU. If you feel you might be offended by the content of these Sites, you should not continue.
Limitation of Use
You may use 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. If you add content to a Site, you agree that such content will be in the public domain and you will not claim to own or to have exclusive copyrights or trademark rights in such content. You may not use OWU computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.
Choice of Law / Forum Selection
Sites are hosted on OWU computing resources located on the OWU campus in Ohio. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of Ohio, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Delaware County, Ohio as the legal forum for any such dispute.
Warranty / Limitation of Liability
Sites are provided “As Is.” Use of information obtained from or through these Sites is at your own risk. OWU does not warrant, and hereby disclaims any warranties, either express or implied, with respect to any Site, including but not limited to warranties of accuracy, completeness, noninfringement, merchantability, or fitness for a particular purpose of any information obtained from a Site or a link to it. OWU does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components.
YOU AGREE THAT OWU WILL NOT BE LIABLE TO YOU 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. IN PARTICULAR, OWU WILL HAVE NO LIABILTY 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 TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO 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 indemnify and hold OWU harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms, your use of a Site, or your placement of any content onto a Site, and to fully cooperate in OWU’s defense against any such claims.