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Terms of Use

The effective date of these Terms of Use is April 17, 2013.

Please read these Terms of Use carefully. These Terms of Use represent a binding contract. By using this website, you agree to all terms and conditions of these Terms of Use. If you do not agree to be bound by any of these Terms of Use, do not use this website.

This website (the “Website”) is operated by Antioch College Corporation (“Antioch” or “we”, “us”, or “our”). Antioch makes the Website available only subject to your binding agreement to these Terms of Use and your use of the Website is wholly voluntary. These Terms of Use govern your use of the Website (except to the extent the Website redirects to third party sites that are not operated by Antioch). You agree to these Terms of Use by accessing the Website, by acknowledging your agreement to these Terms of Use, by using any features of the Website, and/or by accepting any information from the Website. Antioch reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. Antioch will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Antioch encourages you to revisit and review the Terms of Use posted here periodically. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of Antioch’s Website may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

You may be required to provide personally identifiable information to use and/or access certain portions of the Website. You agree that any information that you provide to Antioch will be accurate and that you will make reasonable efforts to keep that information up to date. Please review Antioch’s Privacy Policy, which you also agree to and accept by using this Website, and which is specifically incorporated into these Terms of Use.

You may terminate this legal agreement with Antioch at any time by providing notice in accordance with the “Contacting Antioch” section below and discontinuing any use of the Website. Antioch may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Use; (b) if Antioch is required to do so by law; or (c) Antioch no longer makes the Website available for any or no reason.

General Usage of the Website:

You agree that you will:

  • only use the Website as permitted by these Terms of Use and as permitted by law;
  • not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by Antioch;
  • use the Website to threaten, harass, intimidate, stalk or otherwise abuse another user;
  • not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Antioch), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Antioch in its sole discretion);
  • not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
  • not interfere with or disrupt the use and enjoyment of the Website by Antioch or any third party;
  • not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Antioch’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;
  • not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Antioch, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
  • not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
  • not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of Antioch;
  • not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website; and
  • not violate any applicable local, state, federal or international law, rule or regulation.

Certain features of the Websites may be subject to a separate written agreement with Antioch. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

Antioch will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Antioch websites and may be referred to law enforcement authorities.

Informational Purpose Only; Responsibility for Content You Provide. The information on the Website, including but not limited to the content posted by you or other users of the Website, is provided for informational purposes only. You acknowledge and agree that you are solely responsible for content you post on the Website and the accuracy of any information you provide via the Website. You acknowledge and agree that we have no knowledge as to ownership of the content you post on the Website or the accuracy of any information you provide via the Website. You agree that we have no liability related to any submission or content contributed or posted by you to the Website. You acknowledge, by using the site, that all content accessed or posted by you through the site is at your own risk, that you will be solely responsible for damages or losses as a result therefrom and that we have no liability related thereto. You agree that Antioch will not be liable or held responsible in any manner as a result of your communications or interactions with any party found on or through the Website.

Ownership of Content and License of Your Submissions and Postings:

Antioh’s websites (including, without limitation, the Webste) and all of the content on Antioch’s websites (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to Antioch or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Antioch or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate Antioch’s rights or the rights of others. You are advised that Antioch will enforce its rights to the fullest extent of the law. Antioch may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

You hereby acknowledge and agree that your relationship with Antioch is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Antioch does not place Antioch in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to Antioch, even if such material is altered or changed in a manner not agreeable to you.

Digital Millennium Copyright Act:

We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

To File A DMCA Notification with Us:

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  2. Identify the infringing material that is posted on the Website and that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item on the Website.
  3. Provide a reasonably sufficient method of contacting you (e.g., your phone number and email address).
  4. (Optional) Provide information sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
  5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the Website is not authorized by the copyright owner, its agent, or by protection of law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign and date the notification.
  8. Sent the written notification via mail or fax (937-319-6084) to the designated Copyright Agent as follows:
    Antioch College Corporation
    Attn: Office of Communications
    DMCA NOTIFICATION
    One Morgan Place
    Yellow Springs, OH 45387
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an certain material is infringing your copyrights. We recommend contacting an attorney if you are unsure whether Website material is protected by copyright laws.

To File A DMCA Counter-Notification with Us:

  1. List the Website material that was removed by us, and the location at which the material appeared before it was removed. Please identify the material in sufficient detail for us to identify the material.
  2. Provide your name, address, telephone number and email address (if available).
  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside.
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. Sign and date the counter-notification.
  7. Sent the written notification via mail or fax (937-319-6084) to the designated Copyright Agent as follows:
    Antioch College Corporation
    Attn: Office of Communications
    DMCA NOTIFICATION
    One Morgan Place
    Yellow Springs, OH 45387

Linking:

The content of this Website is subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

The Website may contain links to third party web sites. These third party web sites may be affiliated with Antioch or unaffiliated. For example, your purchase of certain Antioch merchandize or products, including, but not limited to Glen Helen products, may automatically direct you to and be conducted on a third party site hosted and operated by Google. Antioch is not responsible for, and you agree that Antioch will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which an Antioch website may be accessed. The appearance of any link on the Website in no way constitutes an endorsement by Antioch of any third-party products or services.

You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Antioch in its sole discretion. Antioch reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Antioch deems to be inappropriate or inconsistent with or antithetical to the Website and/or these Terms of Use.

Disclaimers/Limitations on Liability :

You understand and agree that the Website and all material contained or made available on or through it are provided and made available solely “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

You agree that Antioch and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the “Released Parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Website, and any other Antioch website, the material and features posted and made available on any Antioch website, or any errors or omissions in the technical operation of the websites and any materials posted or made available on any Antioch website, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to any Antioch website or any related information or programs. Notwithstanding any other provision in these Terms of Use, in no event and under no circumstances will the Released Parties, or any of them, be liable to you for any reason or any cause of action whatsoever in an amount greater than Ten United States Dollars ($10.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

By accessing the Website subject to these Terms of Use, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Antioch makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Antioch. To the extent view and opinions are posted on the site, the views and opinions of users or Antioch employees of Antioch’s websites do not necessarily state or reflect those of Antioch College Corporation.

The Internet is inherently insecure. Antioch expressly disclaims any and all liability, and you agree that Antioch will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction . You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Antioch any information. Antioch makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of any Antioch website. An Antioch website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.

Indemnification :

You agree to indemnify and hold harmless Antioch, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (iii) in breach of any agreement between you and any third party. Antioch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Antioch. This indemnification section will survive any termination or expiration of these Terms of Use.

Location :

Antioch operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Ohio, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any Antioch website must be filed exclusively in the County of Greene, State of Ohio, United States of America.

English Language :

For users residing in Quebec, France and other francophone jurisdictions: You and Antioch have expressly requested that the Terms Of Use and all documents and notices be drafted in the English language. Toi et Antioch ont demandé expressément qua la présente entente et tous les document et avis connexes soient rédigés en anglais.

Contacting Antioch :

Any questions or concerns regarding these Terms of Use should be directed to: communications[at]antiochcollege[dot]org , or via mail to Antioch College Corporation, Attn: Terms of Use, One Morgan Place, Yellow Springs OH 45387.

General Terms :

Antioch’s failure to exercise, or delay in exercising, any of Antioch’s rights under these Terms of Use will not constitute or be deemed a waiver or forfeiture of those rights.

These Terms of Use and the Privacy Policy are the entire agreement between you and Antioch concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except by subsequent agreement in writing by you and an officer of Antioch.