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Acceptance
of the Agreement
This, the 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 therefore.
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 UNIVERSITY 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 KANSAS CITY UNIVERSITY OF
MEDICINE AND BIOSCIENCES 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:
Larry Goldsmith
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 its 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, 2004.
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 students are
responsible. Students should also consult the KCUMB
Student Handbook.
The
University reserves the right to dismiss a student for
cause at any time.
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