You must agree to the following terms and conditions of
use before you access or otherwise use or participate in Capella University Online
Community. Your use of this Web site constitutes your agreement with Capella
University to be bound by, and to act in accordance with, these Terms and
Conditions.
Notification of Changes
We may change or revise these Terms and Conditions from
time to time by updating this posting. Please visit the Terms and Conditions
area each time you visit the Web site to keep up to date with the current terms
regarding your use of the Web site. Your use of the Web site reaffirms your
continuing agreement to the then-current Terms and Conditions. Any future changes
to these terms and conditions will be posted on the community Web site.
Confidentiality
Your
invitation to participate in the Capella
University Online Community is personal and non-transferable. You or anyone in
your household or immediate family cannot work for another educational company
or institution. You may not disclose to others any of the information
that we disclose to you or any ideas or information that are generated in the
community. Your community member name and password are for your use only. You
may not disclose your password to any other person.
Assignment
You
irrevocably assign to Capella University all
rights in any ideas or expressions of ideas that you provide to the community.
All comments, suggestions, graphics, ideas (including product and advertising
ideas), and other information or materials you submit to Capella University through this Web site
will become and remain the exclusive property of Capella University, including any future rights associated with
such submissions, even if these Terms and Conditions are later modified or
terminated. This means that you disclaim any proprietary rights in such
submissions, and you acknowledge Capella
University unrestricted right to use them (or materials or ideas similar
to them) in any medium, now and in the future, without notice, compensation or
other obligation to you or any other person. It also means that with the
exception of your personal information, Capella
University has no obligation to keep your submissions confidential.
You further release and waive all claims against Capella
University with respect to any intellectual property or other proprietary
rights, rights of privacy and publicity, rights of attribution, or any other
liability under the applicable laws. You
agree to indemnify and hold Capella
University harmless from all claims,
actions, damages, costs, judgments, penalties or expenses of any kind
whatsoever (including reasonable attorneys' fees except as provided herein),
which may be obtained against, suffered by, or imposed upon Capella University and/or its officers, directors, agents or affiliates as a result of any
claim for its use of any information you provide through the community that was
proprietary, confidential or protected by the laws of any jurisdiction.
Privacy
To the extent that you also provide us with any of your personally
identifiable information, Capella University will only use such information in
accordance with the privacy policy of Capella University a copy of which is
available at http://www.capella.edu/footer/privacy_policy.aspx.
Please note that by clicking on the "I Accept"
button below, any of your personally identifiable information you submit may be
directed to a third party site administered and hosted by a third party vendor
retained by Capella University provided, that in such event, the third party
vendor will have no right to use any such information other than uses necessary
to fulfill its services to Capella University.
By clicking-accepting these
Terms & Conditions, you accept that Capella
University collects
any personally identifiable information voluntarily provided by you on this Web
site.
When collecting sensitive
personal information (e.g. ethnicity, income, education, etc.), we are doing so
for the purposes of creating a balanced community reflective of Capella University consumer population or its segments. Such information is not collected
for any discriminatory purposes. You will always retain the right not to answer
any question regarding personal information with which you do not feel
comfortable.
When you provide personally
identifiable information to us, we may ask if you want to receive future
marketing information, communication from us, such as newsletters, email or
other information. You can choose not to receive this communication, if you
wish. If you accepted, you can ask us to stop it by contacting us at http://www.capella.edu/footer/privacy_policy.aspx
or Onlinegroup@capella.edu
If you do not want your
personally identifiable information collected, please do not submit it to us.
If you have already submitted this information and would like us to remove it
from our records, please contact the community facilitator at helpdesk@cspace.com. If you want to correct any
personally identifiable information that you already submitted, please contact
the community facilitator at helpdesk@cspace.com.
This
personally identifiable information will only be used for the purposes of sending the weekly community email from your
facilitator(s) and for administering electronic or physical rewards.
Personal information collected
on the site may be stored or processed in your country of residence or any
other country in which Capella University or its subcontractors or agents
maintain facilities and by using the site, you consent to any transfer of
information outside your country of residence.
C Space is a self-certified member organization of the U.S. -
EU Safe Harbor Framework, and strictly adheres to U.S. - EU data privacy
protection laws. As such, C Space will ensure that, if information
is transferred outside of your country of residence, it will be treated in
accordance with the U.S. - EU data privacy protection laws.
Your personally identifiable
information may also be used to help us track the way you use our site and our
products. We may also combine the information you provide with information that
we collect separately, including information you have provided to other
organisations (with consent that it can be shared) as well as public
information. All of this information will help us to better understand your
needs and how we can improve our products and services. In order to do
this, we may also share your information with companies who carry out work for
us. These companies are subject to confidentiality agreements and have agreed
to only use your information in the way we tell them and to have procedures in
place to protect the information.
If we share your information
with a company, other than as set out above, we will contact you first and give
you the opportunity to remove your information from our database unless you
have already given your consent to this.
Please note that by clicking on the "I Accept" button below,
any of your personally identifiable information you submit may be directed to a
third party site administered and hosted by a third party vendor retained by Capella
University or C Space provided, that in such event, the third party vendor
is subject to confidentiality
agreements and will have no right to use any such information other
than uses necessary to fulfill its services to Capella University or C Space.
C Space will retain your
personal information securely per the provisions above and will retain your
information for a reasonable period and not longer than allowed by the law.
Code of Conduct
You agree not to upload, post or transmit to or distribute or otherwise
publish through the Web site any materials which (i) restrict or inhibit any
other user from using the Web site, or contain a virus or other harmful
component, (ii) violate any laws or violate or infringe any rights of third
parties (including copyright, trademark, rights of privacy or publicity or any
other proprietary right), or (iii) are not appropriate or pertinent to the
purpose of the Web site or are libelous, defamatory or offensive. You will
agree to abide by the copyrights, trademarks and other intellectual property
and proprietary rights of Capella University.
You agree to abide by these rules of conduct:
·
Only those who are members of the community
may access it.
·
You or anyone in your
household or immediate family can not work for an educational company or
institution other than Capella University.
·
Unless specifically told otherwise, you must
keep confidential all information that Capella
University, other community members, and you share with the community.
·
Capella University has the
right to use the ideas and information that you put forth in the community.
·
You agree not to use behavior that does not
support a safe and comfortable environment for all members, or to engage in any
proselytizing or commercial activity.
·
You agree not to copy or download any
material from the community.
·
You agree to receive emails from the
Community regarding Community Activities.
·
You understand that no personal information
that you post on this site will be sold, traded, shared with other organizations,
or used for any purpose other than consumer research, except as described in
the Privacy section of this Member Agreement.
·
You agree not to post any of the following:
material that advocates illegal activity, advertising or any form of commercial
solicitation, or copyright-protected files.
·
Capella University does not
endorse the information posted in the community.
Links
to Third Party Sites
This Web
site may contain links to other Web sites for informational purposes and are
not intended to suggest any affiliation with Capella University unless expressly stated. The reliability,
availability and performance of these other Web sites are beyond Capella University control, and Capella University makes no
representations or warranties with respect to such Web sites. Capella University provides these links to
you only as a convenience, and the inclusion of any link to such Web sites does
not imply endorsement by Capella University
of those Web sites. Capella
University reserves the right to terminate any link or linking program
at any time. Any trademarks, copyright
or other registered material or intellectual property of the Websites remain
the property of their respective owners.
No
Duty To Monitor
Capella University is not
responsible for content provided by others and is under no obligation to
pre-screen content posted within a Community. Capella University, however, retains the right to refuse to post,
redact or delete any content for any reason whatsoever. Notwithstanding this
right, Capella University is not
responsible for any failure or delay in removing material.
Compliance
with DMCA
C Space and Capella University comply with the provisions of the
Digital Millennium Copyright Act (DMCA). The owner or the person entitled to
enforce a copyright may notify Capella
University of any violation of copyright in the Capella University Online Community by sending
a notice containing the following information:
Send Notice
to:
DMCA@cspace.com
Please note
that this procedure is solely for notifying C Space and Capella University that copyrighted
material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE
REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Membership
Your membership in and access to the Capella University Online
Community is strictly at the discretion of Capella University and may be
revoked at any time without cause and without notice. You hereby release Capella
University from any and all liability that may arise in connection with your
use of the Capella University Online Community.
Member Appreciation Rewards
Capella University is grateful that you have agreed to
join our Online Community. In
appreciation for sharing your opinions and perspectives, Capella University would like to offer you
certain rewards. If you are selected to join the community, the Member
Appreciation Plan will be posted in the community.
You
are responsible for any taxes, state, federal and/or local, associated with the
rewards you earn for participating in the Online Community. You agree, upon request, to provide Capella University with any information Capella University requires to meet its
obligations in respect of tax reporting.
Once issued to you, Capella
University is not responsible for lost, stolen or damaged PayPal credits;
all questions and complaints must be addressed in accordance with PayPal's
terms of service. Capella University reserves the right, at
any time and without advance notice, to suspend or cancel the rewards program.
Warranty
Capella University does not represent or endorse the
correctness, accuracy, reliability or any other aspect of advice, opinion,
statement or other information distributed through the Capella University Online Community, and reserves the right to
remove any content from the community Web site that it deems inappropriate.
Capella University and/or its agencies endeavor to
maintain this Web site and its operation, but are not, and cannot be,
responsible for the results of any defects that may exist in the Web site or
its operation. As to the operation of the Web site, Capella University expressly disclaims all warranties of any kind,
whether expressed or implied, including, but not limited to all implied
warranties of merchantability or fitness for a particular purpose, title and
non-infringement. Capella University makes
no warranty that (i) the operation of the Web site will meet the user's
requirements; (ii) access to the Web site will be uninterrupted, timely,
secure, free of viruses, worms, trojan horses or other harmful components, or
free of defects or errors; (iii) the results that may be obtained from the use
of the Web site will be accurate or reliable; or (iv) defects will be
corrected. You (and not Capella University)
assume the entire cost of all servicing, repair, or correction that may be
necessary for your computer equipment and software as a result of any viruses,
errors or any other problems whatsoever you may have as a result of visiting
this Web site.
Limitation of Liability
Under
no circumstances shall Capella University and/or
its agencies be liable for any damages or injury, including any direct,
special, incidental, consequential, punitive or other damages, that may result
from the use of, or the inability to use, the Web site or any materials in this
site, whether in an action of contract, negligence or other tortious action,
arising out of or in connection with the use or performance of the Web site or
information available in the Web site. Capella
University shall not be liable even if Capella University or an Capella University authorized
representative has been advised of the possibility of such damages. These
include but are not limited to damages or injury caused by error, omission,
interruption, defect, failure of performance, delay in operation or
transmission, line failure or computer virus, worm, trojan horse or other
harmful component.
You agree to
defend, indemnify and hold Capella
University and/or its agencies harmless from any claim or demand made by
any third party against Capella University due
or arising out of your participation in the Capella
University Online Community and/or any breach by you of the provisions
of this agreement.
Jurisdiction
These
Terms and Conditions and any disputes arising under or related to these Terms
and Conditions (whether for breach of contract, tortious conduct or otherwise)
will be governed by the laws of the State of Minnesota without reference to its
conflicts of law principles. You agree to submit to jurisdiction in Minnesota and
further agree that any cause of action arising under this Agreement may be
brought in a court in Minneapolis, Hennepin County, Minnesota, and you hereby accept
and submit to the personal jurisdiction of these courts with respect to any
legal actions, suits or proceedings arising out of these Terms and Conditions.
You also waive to the fullest extent permitted by law any right to a trial by
jury in any action, suit or proceeding brought to enforce, defend or interpret
any right or remedies under, or arising in connection with or relating to,
these Terms and Conditions.
Whom to Contact
If you have submitted personally
identifiable information through this Capella
University site or
interactive advertisement or other communication, and would like that
information deleted from our records, please contact your community
facilitator at helpdesk@cspace.com.