Acceptance of the Agreement
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.
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:
- post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, invasive of another's privacy;
- 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;
- post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs;
intentionally or unintentionally violate any local, state, national or international law;
- 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;
- 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;
- disseminate or transmit any Content you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
- stalk or otherwise harass another;
- collect or store personal data about other users;
- harm minors in any way;
- 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;
- intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
- engage in any activities intended to withhold or cloak identity or contact information;
- 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.
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.
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.
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.
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.
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.
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.
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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web Site;
- your address, telephone number, and email address;
- 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;
- 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:
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.
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.
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 KCU Student Handbook.
The University reserves the right to dismiss a student for cause at any time.