Terms of Use
Date of Last Revision: June 2020
The American Center for Conflict Resolution Inc DBA Lakewood University and Lakewood College (collectively “LU, “we,” “our,” or “us”) operate various websites, blogs, message boards, social media pages, and various mobile applications, including www.lakewood.edu, www.lakewoodcollege.edu , and others (collectively the “Online Services”). These terms of use (“Terms of Use”) describe the terms and conditions applicable to your use of any and all Online Services operated by us that include a link to these Terms of Use. If there is a link to these Terms of Use on any website, mobile application or online service you are visiting, these Terms of Use apply. We may also offer websites and mobile applications that have their own terms of use. Please refer to the terms of use associated with the website or mobile application you are using for the governing terms of use.
Your access to and use of the Online Services is subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, commenting, or purchasing services or goods on the Online Services, you agree to be bound, without limitation or qualification, to these Terms of Use, which form a legally binding contract. If you do not agree to these Terms of Use, you may not use the Online Services.
Note: If you are a student, employee, client, or faculty member of LU, your use of the Online Services is also subject to other LU policies, which may include faculty, student, or employee handbooks or codes of conduct or other applicable LU policies.
Modifications
You should review these Terms of Use regularly as they may change. We reserve the right to update the Terms of Use from time to time by posting a new Terms of Use in the Online Services (e.g., posting on the website or in the settings tab of our mobile applications) and the “date of last revision” at the top of this page will be revised. You should consult the Terms of Use regularly for any changes, and your continued use of the Online Services after such changes have been posted constitutes acceptance of those changes. In addition, for material changes to these Terms of Use, as determined in our sole discretion, we will include a notice on the Online Services that directs users to a copy of the latest Terms of Use for review and/or send a communication to users notifying them of changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Online Services.
Privacy Policy
The LU Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to the collection and use of your information by the Online Services as described in the Privacy Policy.
Scope of Use
The Online Services provide users with access to certain content and services we make available, including information about our course offerings, interactive features, online education and training opportunities, business, news, and other related topics that may be customized based on the user’s expressed interests, likes and dislikes.
Subject to these Terms of Use, we invite you to view, use and where appropriate, comment on the content available through the Online Services, but in each case solely for your personal, informational, educational and non-commercial purposes. Except as expressly provided in these Terms of Use, you may not reproduce, modify, display, distribute, sell, or lease any text, graphics, images, videos or other content available through the Online Services, or the design and layout of the Online Services (including its “look and feel”), without our prior written consent.
By accessing the Online Services, you agree to abide by all security and safety measures established by LU or its partners or service providers.
Software in the Online Services
To the extent that LU provides you with mobile applications or other software as part of the Online Services, we grant you a limited, personal, non-transferable, non-exclusive license to use the software for your educational and non-commercial purposes, but solely to the extent necessary for you to use and enjoy the benefit of the Online Services in the manner permitted by these Terms of Use. You may not reproduce, modify, display, distribute, sell, or lease any software included as part of the Online Services. All right, title and interest in such software not expressly granted to you in this paragraph are reserved by LU and its licensors. However, to the extent we license one of our mobile applications or other software applications to you pursuant to a separate end user license agreement, the terms of that end user license agreement shall govern over any inconsistent provisions in this paragraph. Some software used in the Online Services may be offered under an open source license, and in such case, there may be provisions in the open source license that expressly override some of the terms of this paragraph.
SMS Terms of Service
Use of the Lakewood University text message-based services (the “Service”) is subject to the following Terms of Service. These terms constitute a legal agreement (the “Agreement”). Please read them carefully.
1. Lakewood University will allow several different opportunities, such as entering a phone number online, to opt-in to SMS services. The opt-in received will be ‘TEXT JOIN to 216-412-2090 to sign up to receive Notifications from Lakewood University.’
2. You can cancel the Service at any time. Just text “STOP” to 216-412-2090. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
3. If at any time you forget what keywords are supported, just text “HELP” to 216-412-2090. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our Service as well as how to unsubscribe.
4. We are able to deliver messages to the following mobile phone carriers. Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
5. As always, message and data rates may apply for any messages sent to you from us and to us from you, and Lakewood University is not liable for the cost of any such messages. You will receive recurring messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the Service provided by this short code, you can send an email to [email protected] .
6. You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Service, and you agree that Lakewood UniversitY will not be liable to you if this occurs.
7. You understand that you are not required to consent to the Service to receive any other services from Lakewood University.
8. By agreeing to these Terms of Service and providing us with your mobile phone number when you opt in to the Service, you authorize Lakewood University to contact you by text message at your mobile phone number using an automatic telephone dialing system or device, or any other computer assisted technology as applicable.
9. If you have any questions regarding privacy, please read https://lakewood.edu/privacy-policy/
Opting in
A mobile user might opt-in by:
• Entering a phone number online,
• Sending a Mobile Originating (MO) message containing an advertising keyword,
• Filling out a paper form that includes their phone number,
• Completing an enrollment agreement, or
• Signing up at a point-of-sale location.
Opting out
Lakewood University’s third-party service provider gives you the ability to opt out of the Service for any reason. You can opt-out by texting “STOP” or “QUIT” to 216-412-2090.
We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without offering you the opportunity to opt-out of receiving them.
Information, News, and Press Releases
The Online Services may contain information, news, and/or press releases about us or others, including cross-references to others’ products or services. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Moreover, any opinions, advice, statements, comments, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of LU. Any description or reference to non-LU products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by LU.
Third-Party Sites and Linking
As a convenience to users, the Online Services may contain links to websites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of LU, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, non-LU terms of use and privacy policies. We are not responsible for, do not endorse, and hereby disclaim any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, or that we are affiliated with the Third-Party Site.
Unless otherwise set forth in a written agreement between you and LU, you must adhere to LU’s linking policy as follows: (a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with LU’s name or any LU trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is endorsed or sponsored by, affiliated with, or associated with LU, and (c) when selected by a user, the link must display the Online Services on full-screen and not within a “frame” on the linking site.
Rules of Conduct
Certain portions of the Online Services permit you to upload, post, email, or otherwise transmit content (collectively, “User Content”). For public forums, such as newsfeeds, blogs, message boards, social media pages, or similar tools (collectively, “Interactive Features” to distinguish from other non-interactive portions of the Online Services), User Content may be viewable publicly or to others who visit or participate in the Online Services. Some users may submit content that contains personally identifiable information. Please review our Privacy Policy at https://lakewood.edu/privacy before providing any personally identifiable information.
It is a violation of these Terms of Use for you to:
(a) use the Online Services or Interactive Features for illegal purposes, in violation of any applicable laws or regulations;
(b) reproduce, modify, display, distribute, sell, lease, or exploit for commercial purposes any portion of the Online Services or Interactive Features;
(c) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Online Service, Interactive Feature, or any other LU content or user information, except as expressly permitted by LU;
(d) manipulate identifiers, use another’s identification or password without authorization, or otherwise engage in any activities to impersonate or hide a user’s identity or contact information;
(e) transmit or distribute viruses or other malicious code;
(f) collect user names and contact information and/or send unsolicited commercial communications (spam);
(g) take any action that imposes an unreasonable or disproportionally large load on the Online Services’ infrastructure or interferes with the proper working of the Online Services;
(h) post content or take any action using the Online Services that infringes or violates someone else’s rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law, including without limitation selling, purchasing, or otherwise disseminating, without the individual’s prior written consent, an individual’s content, such as syllabi, exams, and other course or training materials, to any website for commercial purposes;
(i) attempt to decompile, decipher or reverse engineer any of the software used by LU as part of the Online Services;
(j) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by LU;
(k) post any classified or sensitive information, which means that users, to the extent applicable, must also adhere to Operational Security (OPSEC) processes when posting about units, organizations, and/or operations;
(l) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of the Online Services, including you, is responsible for the User Content that the user transmits to the Interactive Features, and the consequences of its use or submission.
You acknowledge that we do not necessarily pre-screen User Content and shall not be responsible for policing, monitoring, or editing such User Content. We shall have the right, but not the obligation, to monitor User Content and use of the Online Services to improve performance, for legal and regulatory reasons, and to determine compliance with these Terms of Use and other applicable policies. LU shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Use or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
Violations; Termination and Suspension of Usage
We may terminate or suspend your access to all or part of the Online Services immediately and without notice for any conduct that LU, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of LU or any third party. Upon termination or suspension, you must cease use of the Online Services and all related content. LU reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to Online Services from a particular Internet address.
License
By transmitting User Content on or through the Online Services and subject to any other applicable policies, you grant LU a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content in connection with the Online Services and LU’s business, and you waive any and all moral rights and publicity rights in such User Content. You agree that this license includes the right for other users of the Online Services to access and use your User Content, subject to our terms and conditions regarding such use, and the right for LU to allow its third party business partners to use your User Content.
Proprietary Rights
All trademarks, service marks and logos on the Online Services are the property of their respective owners. Unauthorized use of any LU (or of any third-party) trademark, service mark, or logo may violate LU’s or a third party’s legal rights. You must obtain our written permission prior to using any trademark, service mark, or logo of LU.
LU and its licensors own all intellectual property rights in the Online Services, including designs, text, graphics, pictures, information, content, software, and other files, and their selection and arrangement (collectively, the “Materials”), except for certain third-party content on the Online Services and as otherwise expressly indicated. The Online Services and Materials therein are protected by United States and international copyright and other intellectual property laws. Any unauthorized use of the Online Services or the Materials therein may violate these and other laws. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
Digital Millennium Copyright Act (DMCA) Policy
We respect the intellectual property rights of others. If you believe that any User Content or other content available through the Online Services infringes your copyright, pursuant to Section 512(c)(3) of the DMCA, please provide us with the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) an identification of copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material ; (4) ) information sufficient to permit us to contact the complaining party, including your address, telephone number, and email address; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner , its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (collectively, a “Notice of Copyright Infringement”).
Our designated copyright agent for notice of alleged copyright infringement appearing on the Online Services is:
General Counsel
Lakewood University
2231 North Taylor Road
Cleveland Heights, Ohio 44112
Telephone: 800-517-0857
Fax: 216-803-9899
Email: [email protected]
Upon receipt of a Notice of Copyright Infringement containing the required information as described in (1) through (6) above, we reserve the right to (i) notify the user, if known, of the alleged infringement, and (ii) remove or disable access to the material that is alleged to be infringing if hosted on one of our Online Services. No personal user information is shared with the copyright owner unless required by law.
If we receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” LU reserves the right to terminate the accounts of “repeat copyright infringers.”
DMCA Counter-Claim Procedure
If we remove or disable access to your material and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated copyright agent. You must provide us with the following information: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, we will provide the complaining party with a copy of the DMCA Counter-Claim. When we receive a Counter-Claim that meets the requirements of the DMCA, we will process the Counter-Claim in accordance with the requirements of the DMCA.
Feedback
We welcome and encourage any suggestions, ideas, comments or other feedback you provide us regarding the Online Services (“Feedback”). You acknowledge that any Feedback shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback in any of LU’s products and services. You hereby assign to LU all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
Registration-Related Account Security
Some Online Services, in whole or in part, may be accessible only through a registration process or with specific credentials. For such access-restricted portions of the Online Services, it is a violation of these Terms of Use for you to: (a) create more than one personal profile, (b) create another account without our permission if we disable your account; (c) share your login credentials, (d) let anyone else access your account, or (e) do anything else that might jeopardize the security of your account. You are solely responsible for any unauthorized use of your login credentials.
No Warranties
THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. LU MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ONLINE SERVICES OR MATERIALS AVAILABLE ON OR THROUGH THE ONLINE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LU SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. LU MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
Indemnification
You agree to indemnify and hold LU and its parent, affiliates, officers, directors, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Online Services, your User Content, your violation of the Terms of Use, or your violation of any law or rights of a third party. LU reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with LU in asserting any available defenses.
Limitation of Liability
YOUR USE OF THE ONLINE SERVICES AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) IS AT YOUR SOLE RISK. LU SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE ONLINE SERVICES AND THE MATERIALS, EVEN IF LU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LU’S AGGREGATE LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, LU’s liability will be limited to the fullest extent permitted by applicable law.
Disclosures
We may preserve and disclose User Content if expressly authorized by you or 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 User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LU, users of Online Services, or the public.
Governing Law; Venue; Jurisdiction
The laws of the State of Ohio, USA shall govern these Terms of Use, without giving effect to any choice of law or conflict of law provisions or principles (whether of the State of Ohio or any other jurisdiction) that would cause the application of any laws of any jurisdiction other than the State of Ohio. If there is any dispute about or involving the Online Services, you agree that the dispute will be resolved in a court located in the State of Ohio, USA. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Cuyahoga County, Ohio, USA, as applicable, and agree that such courts shall be the exclusive forum for resolving any and all disputes regarding the Online Services.
Compliance with Laws
Information available through the Online Services is not intended for distribution to, or use by, any person or entity in any foreign jurisdiction or country where such distribution or use would be contrary to law or regulation. LU makes no representation that the information available through the Online Services is appropriate or available for use in other non-U.S. locations, and access to the Online Services from any such locations where the content of the Online Services offered herein may be illegal is prohibited. Those who choose to access the Online Services from other non-U.S. locations do so on their own initiative and risk and are responsible for compliance with all applicable laws.
Miscellaneous
These Terms of Use, as modified from time to time by LU in writing and including any applicable student, employee or faculty handbooks, codes of conduct and other policies, as well as any policies that are incorporated by reference herein, set forth the entire understanding and agreement between you and LU with respect to the subject matter hereof. LU’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Use will remain in full force and effect. These Terms of Use are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Use will be in the English language.
If you have any questions about the Online Services or these Terms of Use, please email us at [email protected].