Effective Date: September 1, 2020
The Southwest College of Naturopathic Medicine Websites located at www.scnm.edu and https://sage.scnm.edu/ are copyrighted work belonging to Southwest College of Naturopathic Medicine. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with these features. All additional terms, guidelines and rules are incorporated by reference into these Terms.
Certain Restrictions. The limited license described above is subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive Websites; and (d) except as expressly stated, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. SCNM reserves the right to change, suspend, or cease the Sites with or without notice to you.
No Support or Maintenance. You agree that SCNM will have no obligation to provide you with any support in connection with the Sites.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Sites (“Marks”) are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Third-Party Links & Ads. The Sites may contain links to third-party Websites and services, and/or display advertisements for third-parties. Third-party Websites, services and content are not under the control of SCNM. SCNM provides access to third-party links & ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations concerning any information or service provided by a third-party, regardless of any link or access to such third-party through our Sites. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by, or any affiliation with, SCNM.
Cookies and Web Beacons. Like any other Websites, Southwest College of Naturopathic Medicine uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the Websites that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
You agree to defend, indemnify and hold harmless the SCNM, its officers, directors, employees and any agent or representative of SCNM from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Sites; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any misrepresentation made by you. SCNM reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you.
THE Sites AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE Sites ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SCNM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE Sites. SCNM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Sites IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL THE SCNM, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Sites OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE Sites, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SCNM’S RECORDS, PROGRAMS OR Sites. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCNM, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Sites, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SCNM FOR ACCESS TO OR USE OF THE Sites, WHICH AMOUNT YOU AGREE SHALL NOT EXCEED $50.
Applicable Law and Venue
Waiver of Jury Trial
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this agreement must be litigated on an individual basis and not on a class basis, and claims of more than one user cannot be litigated jointly or consolidated with those of any other user.
Attorney’s Fees / Costs
You agree that if you bring any action in law or in equity in which you seek to recover more than the amount available based on the Limitations of Damages provision above, you shall be responsible for all expenses, including attorneys’ fees and costs, incurred by SCNM in connection with your action.
Electronic Communications. The communications between you and SCNM may involve the use of electronic means, whether you use the Sites or send us emails, or whether SCNM posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SCNM in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SCNM provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Your Privacy. Please read our Online Privacy and Cookies Policy.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Sites will terminate immediately.
Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.