Acceptance
of the Agreement
This, Kansas City University of Medicine and Biosciences' Web
Site, and all of its Web Sites and information are provided to
you under these
"Terms of Use" and any amendments to these Terms of Use that
may be posted by Kansas City University of Medicine and Biosciences
from time to time (collectively, the "Agreement"). BY ACCESSING,
BROWSING AND/OR USING THIS SITE AND/OR ANY WEB SITES PROVIDED
BY KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES, YOU AGREE
TO BE BOUND BY THE AGREEMENT. The Agreement constitutes the entire
agreement between you and Kansas City University of Medicine
and Biosciences and supercedes any prior agreements between you
and Kansas City University of Medicine and Biosciences regarding
the use and contents of this Web Site.
Privacy
Kansas City University of Medicine and Biosciences is committed to protecting your
privacy. The information that we obtain through your use of the
the site, or through any registration process or otherwise, is
subject to our Privacy Policy.
Modifications
to this Agreement
Kansas City University of Medicine and Biosciences may make changes to this Agreement
from time to time in its sole discretion, and will post any such
changes on the Web Site. Your use of the Web Site after any changes
are made constitutes your acceptance of any such changes.
Modification
or Suspension of the Web Site
Kansas City University of Medicine and Biosciences may, in its sole discretion,
and at any time, discontinue, suspend or modify its operation
of this Web Site, or any part thereof, temporarily or permanently,
without notice to you, and Kansas City University of Medicine and Biosciences shall
not be liable therefor.
User
Conduct
All text, graphics, software, music, sound, photographs, videos,
messages, posts, data, information, or other materials ("Content")
are the sole responsibility of the person from whom the Content
originated. Thus, you are responsible for all Content that you
disseminate or transmit through or by means of the Web Site.
You shall not use the Web Site in any way to:
(1) post, disseminate or transmit any Content that is unlawful,
harassing, defamatory, abusive, threatening, obscene, harmful,
tortious, libelous, invasive of another's privacy;
(2) post, disseminate or transmit any Content which infringes
or violates any party's copyright, trademark, trade secret, patent
or other proprietary right, including but not limited to using
third party copyrighted materials without appropriate permission,
using third party trademarks without appropriate permission or
attribution, and using or distributing third party information
protected as a trade secret in violation of a duty of confidentiality;
(3) post, disseminate or transmit any viruses or other harmful,
disruptive or destructive files, code or programs;
(4) intentionally or unintentionally violate any local, state,
national or international law;
(5) post, disseminate or transmit any unauthorized advertising,
promotional materials, chain letters, spam, junk mail or any other
type of unsolicited mass e-mail to people or entities that have
not agreed to be part of such mailings;
(6) impersonate any person or entity, falsely state or otherwise
misrepresent your affiliation with any person or entity, forge
headers or otherwise manipulate identifiers to disguise the origin
of any Content transmitted through the Web Site;
(7) disseminate or transmit any Content you do not have the right
to disseminate or transmit under law, or contractual or fiduciary
relationships;
(8) disrupt the normal flow of dialogue or otherwise act in a
manner that negatively affects other users' ability to engage
in real time exchanges;
(9) interfere with, disrupt, or harm in any way the Web Site or
servers or networks connected to the Web Site;
(10) stalk or otherwise harass another;
(11) collect or store personal data about other users;
(12) harm minors in any way;
(13) engage in any activities that would violate the personal
privacy rights of others, including but not limited to, collecting
and distributing information about Internet users without their
permission, except as permitted by applicable law;
(14) intentionally omit, delete, forge or misrepresent transmission
information, including headers, return mailing and Internet protocol
addresses;
(15) engage in any activities intended to withhold or cloak identity
or contact information;
(16) use the Web Site for any illegal purpose, in violation of
any applicable laws or regulations or in violation of the rules
of any other Web Sites providers, web sites, chat rooms or the
like.
User
Content
Kansas City University of Medicine and Biosciences and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available via the Web
Site. Without limiting the foregoing, Kansas City University
of Medicine and Biosciences and its designees shall have the
right to remove any Content that violates these Terms or Use
or is otherwise objectionable. You must evaluate, and you will
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of
such Content. Kansas City University of Medicine and Biosciences
may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce these Terms of Use; (c) respond to claims
that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Kansas City
University of Medicine and Biosciences, its users and the public.
The technical processing and transmission of the Web Site, including
your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
By
posting Content to the Web Site, or by transmitting Content
using the Web Site, (1) you represent and warrant to Kansas
City University of Medicine and Biosciences that you have all
necessary permission to post or transmit the information; and
(2) you grant to Kansas City University of Medicine and Biosciences
a worldwide, non-exclusive, perpetual, royalty-free, fully
sublicensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide
and /or to incorporate it in other works in any form, media,
or technology now known or later developed.
International
Use
You must comply with all applicable local laws regarding online
conduct and acceptable Content, including without limitation,
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
No Reselling of Web Site
You may not sell, resell, reproduce, duplicate, copy or use for
any commercial purposes any portion of the Web Site, or use of
or access to the Web Site.
Termination
Kansas City University of Medicine and Biosciences may, in its sole discretion,
and at any time, terminate your use of the Web Site, and may remove
or delete any Content within the Web Site, for any reason, without
prior notice to you. Kansas City University of Medicine and Biosciences shall not
be liable to you or to any third-party for any termination of
your use of or access to the Web Site. In the event of any termination
of this Agreement or your use of or access to the Web Site, the
provisions regarding Proprietary Rights, Indemnification, Disclaimer
or Warranties, and Limitations of Liability shall survive any
such termination.
Proprietary
Rights
Content available through the Web Site, including without limitation,
content in the form of text, graphics, software, music, sound,
photographs, and videos, and content provided by suppliers, sponsors
or third party advertisers, is protected by copyrights, trademarks,
Web Site marks, patents or other proprietary rights and laws.
Except as expressly authorized by Kansas City University of Medicine and Biosciences
or the applicable supplier, sponsor or advertiser, you may not
copy, modify, rent, lease, loan, sell, assign, distribute, license,
reverse engineer or create derivative works based on the Web Site
or any content (including without limitation any software) available
through the Web Site.
Disclaimer of Warranties
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KANSAS CITY
UNVIERSITY OF MEDICINE AND BIOSCIENCES EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES DOES NOT MAKE
ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS,
OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED;
NOR DOES THE UNIVERSITY OF HEALTH SCIENCES MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS,
WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE,
OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A
RESULT OF THE WEB SITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK
AND NEITHER KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES
OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, NOR SUPPLIERS WILL BE RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES
OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES OR ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, NOR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR
OTHER INTANGIBLES, EVEN IF KANSAS CITY UNIVERSITY OF MEDICINE
AND BIOSCIENCES OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY
TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR,
(5) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE MAY NOT APPLY TO YOU.
Storage
of Content
Kansas City University of Medicine and Biosciences may establish,
in its sole discretion and without prior notice to you, a maximum
amount of storage space that it will maintain for Content disseminated
or transmitted through the Web Site. Kansas City University
of Medicine and Biosciences shall have no responsibility or
liability for the deletion or failure to store any messages,
communications or other Content maintained, disseminated or
transmitted through the Web Site.
Your Contact With Third Parties
Your dealings with third parties found on or through the
Web Site, including your participation in promotions, the payment
for and delivery of goods and Web Sites, and any terms, conditions,
warranties or representations associated with such dealings are
solely between you and the third party. Kansas City University
of Medicine and Biosciences does not make any representations
or warranties with respect to any goods or Web Sites which may
be obtained from such third parties, and Kansas City University
of Medicine and Biosciences will have no liability with respect
to any loss or damage of any kind incurred as a result of any
dealings between you and any third party, or as a result of the
presence of such third parties on the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which Kansas City
University of Medicine and Biosciences has no control. Kansas
City University of Medicine and Biosciences has no responsibility
for and no liability for the availability of such external sites
or resources, or for the Content, advertising, products or other
materials available through such sites or resources.
Indemnification
You agree to indemnify and hold harmless Kansas City University
of Medicine and Biosciences, its parents, subsidiaries, affiliates,
officers, directors, agents, employees, co-branders or other
partners, and suppliers, from any claim, demand, action, or damage,
including reasonable attorneys' fees, made by any third party
due to, arising out of or related to your use of the Web Site,
Content you submit, post or transmit through the Web Site, your
violation of the Agreement or any rights of another, or your
connection to the Web Site.
Trademark
Notices
Kansas City University of Medicine and Biosciences and Kansas
City University of Medicine and Biosciences logo are trademarks
of Kansas City University of Medicine and Biosciences. You may
not use or display these marks without Kansas City University
of Medicine and Biosciences prior written consent. All other
trademarks appearing on the Web Site are the property of their
respective owners.
Copyright,
Copyright Agent
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Kansas City University
of Medicine and Biosciences' Copyright Agent the following information:
1.an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2.a description of the copyrighted work that you claim has been
infringed;
3.a description of where the material that you claim is infringing
is located on the Web Site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
6.a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Kansas City University of Medicine and Biosciences' Copyright Agent for Notice
of claims of copyright infringement on its site is:
Becky Talken, CIO
1750 Independence Avenue
Kansas City, MO 64106
Applicable
Law; Forum
This Agreement shall be governed by and construed in accordance
with the laws of the State of Missouri, without giving effect
to it's conflict of laws provisions. You and Kansas City University
of Medicine and Biosciences agree to submit any dispute arising
under this agreement to the exclusive jurisdiction of the federal
and state courts located within the county of Jackson, Missouri.
Miscellaneous
If any provision of this Agreement is found by a court or other
binding authority to be invalid, you agree that every attempt
shall be made to give effect to the parties' intentions as reflected
in that provision, and the remaining provisions contained in this
Agreement shall continue in full force and effect.
You
agree that any claim or cause of action you may assert arising
out of your use of the Web Site or this Agreement must be filed
within one year after such claim or cause of action arose or
it shall forever be barred, notwithstanding any statute of
limitations or other law to the contrary. Any failure by Kansas
City University of Medicine and Biosciences to enforce or exercise
any provision of this Agreement or related right shall not
constitute a waiver of that right or provision.
Additional
Information
This website is an official bulletin of Kansas City University
of Medicine and Biosciences and is intended to provide general
information. It contains policies, regulations, procedures and
fees effective July 1, 2002.
The University reserves the right to make changes at any time
to reflect current board policies, administrative regulations
and procedures, amendments by state law and fee changes.
Information provided on this website is subject to change
without notice and does not constitute a contract between
Kansas City University of Medicine and Biosciences and a
student or an applicant for admission. The institution is
not responsible for any misrepresentation or provisions that
may arise as a result of errors in preparation.
Students are responsible for observing the regulations contained
herein; therefore, they are urged to read this website carefully.
This website does not contain all institutional rules, regulations
or policies for which student are responsible. Students should
also consult the KCUMB Student Handbook.
The University reserves the right to dismiss a student for cause
at any time.
