Terms of Use & Disclaimers

The following disclaimers and terms of use govern the use by you of Upper Iowa University web pages. These disclaimers and terms of use apply to all materials that are or become available on Upper Iowa University web pages. By accessing and using Upper Iowa University’s web pages, you specifically agree to abide by these rules and any modifications to them.

1. Modifications.

These disclaimers and terms of use may be modified by Upper Iowa University at any time without notice, and such modifications shall be effective immediately upon posting of the modified disclaimers and terms of use on Upper Iowa University’s web site. You agree to review these disclaimers and terms of use periodically to be aware of such.

2. Disclaimer of Contract.

All information provided in Upper Iowa University web pages is provided for information purposes only and does not constitute a legal contract between Upper Iowa University and any person or entity unless otherwise specified.

3. Disclaimers and Limitation of Liability.

The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement. The content of this web site has been compiled from a variety of sources and is subject to change without notice. A possibility exists that the server materials could include any accuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the web site materials. Although Upper Iowa University tries to ensure the integrity and the accuracy of the web site materials, it makes no guarantees about their correctness or accuracy. Upper Iowa University makes no representation or warranty whatsoever regarding the completeness, quality, non-infringement, accessibility, or adequacy of the contents of the web site, or the suitability, functionality, or operation of this web site, its contents, or its use with any other equipment or software. By using this web site, you assume the risk, that the contents of this web site may be inaccurate, incomplete, or offensive or it may not meet your needs and requirements.

The views and opinions expressed on Upper Iowa University web pages do not necessarily state or reflect those of Upper Iowa University. Any links to external web sites, references to products or services, or non-Upper Iowa University information provided on Upper Iowa University web pages are provided as a courtesy. Such courtesy information does not necessarily constitute or imply its endorsement, recommendations, or favoring by Upper Iowa University the content or views of the linked materials.

Under no circumstances, including by not limited to, negligence, shall Upper Iowa University be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use Upper Iowa University’s web pages, including, without limitation use of, or reliance on, information available on Upper Iowa University’s, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance even if Upper Iowa University has been advised of the possibility of such damages.

4. Release and Indemnity.

You hereby release and waive any and all claims and/or liability against Upper Iowa University arising from or in connection with your use of Upper Iowa University’s web pages. You also agree to defend, indemnify and hold harmless, Upper Iowa University and any of it employees, from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of Upper Iowa University’s web pages or failure to abide by applicable law.

5. Governing Laws and Jurisdiction.

These disclaimers and terms of use shall be governed by and construed in accordance with the laws of the state of Iowa, United States of America, without giving effect to any principals of conflicts of laws as they apply to agreements made and fully performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Iowa and jurisdiction therefore shall rest solely in the state of Iowa, United States of America.

6. Severability.

These Disclaimers and Terms of Use incorporate by reference any notices contained on the Upper Iowa University web site and constitute the entire agreement with respect to your access to and use of Upper Iowa University’s web site, any provision shall be deem severable from the remaining provisions and shall not affect their validity and enforceability.

7. Copyright.

All compilation and content of this site, including its assembly, design, text illustrations, photographs, logos, etc., are the intellectual property of Upper Iowa University. All world wide rights, titles and interests are reserved. By accessing and using this web site, you agree to abide by United States and international copyright law and all other applicable laws. No part of this web site may be copied without written permission. You may cite or refer to the URL of this web site without limitation. Certain links within this site link to external web sites. Material at those external sites may be copyrighted to the organizations responsible for those sites. This copyright notice in no way applies to those external sites.

8. Claims of Copyright Infringement.

Claims of copyright infringement are handled according to procedures in compliance with provisions of the Digital Millennium Copyright Act. Upper Iowa’s designated DMCA agent will receive claims of infringement. The DMCA requires such claims to contain certain information (see below) (DMCA section 512 (c) (3) (A)) including location of infringing materials. Penalties also exist for knowingly misrepresenting a claim (DMCA section 512(f)).

Designated DCMA Agent

Joel Kunze
Director of Web Communications and Digital Analytics
Upper Iowa University
PO Box 1857
Fayette, IA 52142-1857
Phone: (563) 425-5259
E-mail: [email protected]

Notification of Claimed Infringement

DMCA Section 512 (c) (3) (A) requires the following of notices alleging copyright infringement:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the 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.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Section 512 (d) (3) requires similar information for notices requesting removal of links or other references to infringing materials.

– See more at: http://uiu.edu/about/terms-of-use.html#sthash.T4oHmZrQ.dpuf