Last updated 8/17/2014
The following terms and conditions apply to your use of Student Agencies, Inc. ("SAI") website and any services provided via this website (www.studentagenciesinc.com, hereafter "Website").
Terms of Use.
Your use and access to this Website indicates that you accept and agree to be bound by the following terms and conditions. You may use this Website and the services provided via this Website only for personal, non-commercial, lawful purposes. Subject to the terms and conditions of this Agreement, including without limitation, the payment of all required fees, SAI grants you a non-exclusive, personal, non-transferable, license to use this Website and the services under the terms and conditions of this Agreement. This license is not a sale and you are not granted any rights other than those specifically stated in this Agreement. You may not permit or cause any other person to access this Website or any service by using your registration information. SAI may also offer other services that may be governed by different or additional terms and conditions, which are incorporated herein by reference. SAI may revise this Agreement at any time, without notice, and you agree to be bound by any such revisions. It is your responsibility to visit the Terms and Conditions link at the bottom of the home page of the Website periodically to review the most current version of this Agreement.
Proprietary Rights Notices.
All text, graphics, logos, icons, button icons, images and the selection and arrangement of the content of this Website, as well as the computer programs used to generate web pages and the Website ("Materials") are the exclusive property of SAI, its licensors and or affiliates, and is protected by copyright, trademark, and other laws, and may not be used or copied without the express written permission of SAI. SAI reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this Agreement. The deletion or alteration of any copyright or other proprietary notices from this Website is strictly forbidden. Copyright © 2007 Student Agencies, Inc., 409 College Avenue, Ithaca, New York 14850. SAI authorizes you to view and download Materials for your personal use only, and provided that you retain all copyright and other proprietary notices contained in the Materials. You may not modify any of the Materials on this Website in any way or reproduce, republish, distribute or otherwise use the Materials without the express written consent of SAI. No part of this Website or the services may be rented, leased, sub-licensed, copied, modified, distributed, transmitted, displayed, performed, reproduced, published, derived from, sold or otherwise transferred, in whole or in part, by you.
Infringement Notice.
SAI respects the intellectual property of others, and asks you to do the same. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Student Agencies, Inc. has designated Miller Mayer, LLP of 202 East State Street, Suite 700, Ithaca, New York 14850, hrb@millermayer.com, “Copyright Agent” of SAI, to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on the Website, or any hosted or co-located Websites, in a way that constitutes copyright infringement, you may notify SAI by providing the Copyright Agent with 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on the Website where the allegedly infringing material is located; (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 agent to act on behalf of the copyright owner.
Specific Prohibited Uses.
SAI specifically prohibits and you agree not to use the Website for any of the following: (1) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (2) taking any action which imposes an unreasonable or disproportionately large load on this Website's infrastructure; (3) if you have a password allowing access to a non-public area of the Website, disclosing to or sharing your password with any third party or using your password for any unauthorized purpose, including attempting to gain unauthorized access to SAI software and computer systems; (4) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from SAI on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (5) and or attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
Website Security Rules.
You agree not to violate or attempt to violate, the security of this Website, including, without limitation: (1) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "denial-of-service", "brute-force" or "crashing"; (4) sending unsolicited e-mail, including promotions or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any e-mail. Any of the above described violations are strictly prohibited. SAI will investigate occurrences that involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. Violations, and attempted violations, of network security may result in civil and or criminal liability and will be prosecuted to the fullest extent of the law.
Monitoring.
SAI is entitled, but not obligated, to review or retain your communications to and via this Website, regardless of form, (“Communications”). We may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the SAI Website and services, or for any other reasons. You agree that such monitoring will not entitle you to any cause of action or other right with respect to the manner in which SAI monitors your Communications and enforces or fails to enforce this Agreement or any applicable rules or guidelines. SAI reserves the right to modify, reject or eliminate any information residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of this Agreement. In no event will SAI be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such monitoring.
Termination of Access or Services.
SAI reserves the right to modify, discontinue, or terminate your access to this Website or any service, or any portion thereof, in its sole discretion, without notice and without limitation, for any reason whatsoever, including without limitation (1) unauthorized use of your account access information; (2) breach of this Agreement; (3) discontinuance of SAI’s access to third party information or any other data or service from any third party provider; or (4) termination of one or more agreements between SAI and third party providers. SAI shall have no liability to you for terminating your access to the Website or any service; provided however, that if SAI’s termination is without cause, SAI will refund the pro rata portion of any fee you may have paid for the portion of any service not furnished to you as of the date of termination. You agree that SAI will not be liable to you or to any third party for any modification, suspension or discontinuance of your access to the Website or of any service.
Security of Data Transmission and Storage.
Electronic communications with SAI may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may not be secure and may be accessed by unauthorized third parties when communicated between you and SAI or between you and other parties. SAI is not responsible for, does not control, and disclaims all liability for, the loss of any information, data or other assets resulting from the inadequacy, failure, or mere lack or security of any network or other computer system owned and or operated by you or other parties. Further, SAI does not guarantee the security or integrity of the Website or services and shall not be liable for the consequences of any breach of security of the Website or services, other than due to its gross negligence. SAI strongly recommends to all users that basic security measures such as firewalls and password and registration information protections be maintained at all times, as required by this Agreement, to protect proprietary and sensitive information.
No Warranty.
You expressly agree that your use of the Website is at your sole risk. The Website is provided "AS IS" and "AS AVAILABLE" for your personal use, without warranties of any kind, either express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, unless such warranties are legally incapable of exclusion. SAI does not endorse, warrant or guarantee any product or service offered through this Website, except as expressly provided elsewhere.
In no event shall SAI be liable for any. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, SAI liability shall be limited to the extent permitted by law.
Limitations of Liability and Damages.
SAI, its licensors and or affiliates, third party providers, and any other persons involved in transmitting information to you from or in connection with this Website will not be liable under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website (or any linked, hosted or co-located websites) or with the delay or inability to use this Website even if you advise them of the possibility of such damages. This includes, but is not limited to, claims for loss of profits and damages that may result from the use, inconvenience, delay or loss of use of the Website or for omissions or inaccuracies in the content or information on the Website. As a condition to accessing and using this Website and services, you hereby expressly waive any claim you may have against SAI, its licensors and or affiliates, any third party providers or any other persons involved in transmitting information or providing any services on the Website or through SAI. By accessing or receiving information and or content from the Website, you agree that the liability of SAI, its licensors and or affiliates, any third party providers, and any other persons involved in transmitting information, arising out of any legal claim (whether in contract, tort or otherwise) in any way connected with the Website or services will not exceed the amount you originally paid for the same.
SAI, its licensors and or affiliates, any third party providers, and any other person involved in transmitting information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to: (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of internet access; (5) problems with internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. In addition, SAI is not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website or services.
Indemnification.
You agree to defend, indemnify and hold harmless SAI, its licensors and or affiliates, third party providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your access to and/or use of the Website or services. SAI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
The Use of Cookies.
The Website places a session cookie on your computer. A cookie is a unique identifier that helps us understand how visitors navigate the site. The use of cookies is standard on the Internet and many major websites employ them. Most browsers automatically accept cookies; however, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept the cookie. The cookie itself does not identify you, your email address or any other personal information. We use the information it provides to help us improve the Website. Even without accepting a cookie you can still access most of the features on the site. There may, however, be limitations on your use of some site functions. See our Privacy Policy for more information about cookies and the information SAI may collect about you.
Sharing of Information.
Except as provided in our Privacy Policy, the terms of which are incorporated herein by reference, SAI does not share personal information with third parties. SAI will disclose personal and aggregate information when required by law, including search warrants, subpoenas, court orders, or when SAI deems necessary, in its sole discretion, to protect the safety of others, its rights, employees or property.
Unless otherwise indicated for a particular service, and except as provided in the Privacy Policy, any Communications or material of any kind that you email, post, upload, download or otherwise transmit through this Website or the services, including data, questions, comments or suggestions shall be the exclusive property of SAI and will be treated as non-confidential and nonproprietary. By sending, transmitting or submitting any Communications through the Website or any service, you hereby grant all rights, title and interest you may have in such Communications to SAI. SAI is free to use any ideas, concepts, know-how, or techniques contained in such Communications for any purpose including, but not limited to, developing and marketing products using such information. You warrant that the Communications are original to you and that you have all necessary rights to submit, send or otherwise make available the Communications and grant and/or transfer all rights granted above. You also waive any moral rights or rights of attribution you have in any Communications.
Links.
SAI may provide links to other websites on the Website. SAI does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that SAI provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and SAI cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold SAI liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites.
You may not link this Website or any of its web pages, services, information, content, third party information, or web pages of any third party provider, or licensors and or affiliates of SAI, to your website or any website of any other party.
Additional Provisions.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SAI as a result of this Agreement or your use of the Website or the services. This Agreement represents the entire binding agreement between us, and our respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Website or the information thereon. No waiver of any obligation or right of either party shall be effective unless in writing, and executed by the party against whom it is being enforced. You acknowledge that, in providing you with access to the Website and services, SAI has relied upon your consent to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying the Website and services. You further acknowledge that you have read, understand and agree to be bound by the terms of this Agreement or any other agreement with SAI that applies to your use of the Website and/or services, as currently in effect and as amended from time to time. This Agreement, and all future agreements you shall enter into with SAI, unless otherwise indicated in such other agreement, shall be governed by the laws of the state of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with SAI in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within Tompkins County, New York. This Website is controlled, operated and administered from the United States of America. SAI makes no representation that the information on the Website or our services are appropriate, available or legal for use outside the United States. You may not use the Website or our services or export the same from or through this Website in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you are solely responsible for compliance with all local laws. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provision of this Agreement or affecting the validity or enforceability of such remaining provisions. SAI shall not be liable for any failure to perform its obligations in connection with any services or access to the Website, where such failure results from any act of God or other cause beyond its' reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any documents, accessing information, services or the Website. Headings or titles of the provisions hereof are for convenience only and shall have no effect on the provisions of this Agreement.
You agree not to contest the validity or enforceability of this Agreement on the grounds that it is not in writing or that it does not contain an original signature. You agree that such agreement, if introduced as evidence on paper in any proceeding, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. You agree not to contest the admissibility of copies of this Agreement or any future agreement under either the business records exception to the hearsay rule or the best evidence rule on the basis that the agreement was not originated or maintained in documentary form. It is your responsibility to ensure that your use of the Website and services complies with this Agreement at all times and in all respects. The Website is only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the services from countries outside of the U.S.
Contacting Us.
If you have any questions about this Website, the practices of this Website, or your dealings with this Website, you can contact us via e-mail: president@studentagencies.com