Terms of Use
Website Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and American
Association of State Colleges and Universities ("AASCU," "we," or "us").
The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, "Terms of Use"),
govern
your access to and use of www.aascu.org,
services.aascu.org,
www.aascutellingourstory.org,
aascuconsulting.org,
www.aascu.org/grc, and
ssi.aascu.org (our “Websites”),
including any content, functionality and services offered on or through
the Websites whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by
these Terms of Use and our Privacy Policy, incorporated herein by
reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.
These Websites are offered and available to users who reside in the
United States or any of its territories or possessions. By using these
Websites, you represent and warrant that you are of legal age to form a
binding contract with AASCU and meet all of the foregoing
eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Websites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our
sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised
Terms of Use means that you accept and agree to the changes. You are
expected to check this page frequently so you are aware of any changes,
as they are binding on you.
Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any
service or material we provide on the Websites, in our sole discretion
without notice. We will not be liable if for any reason all or any part
of the Websites is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of the
Websites, or the entire Websites, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Websites.
- Ensuring that all persons who access the Websites through your
internet connection are aware of these Terms of Use and comply with
them.
To access the Websites or some of the resources it offers, you may be
asked to provide certain registration details or other information. It
is a condition of your use of the Websites that all the information you
provide on the Websites is correct, current and
complete. You agree that all information you provide to register
with the Websites or otherwise, including, but not limited to, through
the use of any interactive features on the Websites, is governed by our
Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any
other piece of information as part of our security procedures, you must
treat such information as confidential, and you must not disclose it to
any other person or entity. You also acknowledge that
your account is personal to you and agree not to provide any
other person with access to the Websites or portions of it using your
user name, password or other security information. You agree to notify
us immediately of any unauthorized access to or use of your user name or
password or any other breach
of security. You also agree to ensure that you exit from your
account at the end of each session. You should use particular caution
when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal
information.
We have the right to disable any user name, password or other
identifier, whether chosen by you or provided by us, at any time in our
sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Use.
Intellectual Property Rights
The Websites and their entire contents, features and functionality
(including but not limited to all information, templates, forms,
software, text, displays, images, infographics, video and audio, and the
design, selection and arrangement thereof), are owned by
AASCU, its licensors or other providers of such material and are
protected by United States and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary
rights laws.
These Terms of Use permit you to use the Websites for your personal,
non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on
our Websites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print a reasonable number of pages of the Websites for
your own personal, non-commercial use and not for further reproduction,
publication or distribution; at our discretion, we may require you to
request formal permission for such use.
- If we provide desktop, mobile or other applications for
download, you may download a single copy to your computer or mobile
device solely for your own personal, non-commercial use, provided you
agree to be bound by our end user license agreement for such
applications.
Other than customizing specific materials as per instructions on the Websites, you must not:
- Modify copies of any materials from the sites.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the sites.
You must not access or use for any commercial purposes any part of
the Websites or any services or materials available through the
Websites.
If you wish to make any use of material on the Websites other than
that set out in this section, please address your request to:
communications@aascu.org
If you print, copy, modify, download or otherwise use or provide any
other person with access to any part of the Websites in breach of the
Terms of Use, your right to use the Websites will cease immediately and
you must, at our option, return or destroy any
copies of the materials you have made. No right, title or
interest in or to the Websites or any content on the Websites is
transferred to you, and all rights not expressly granted are reserved by
AASCU. Any use of the Websites not expressly permitted by these Terms
of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.
Site Content and Third Party Trademarks
You must not use any Site Content, including any names, word marks
(including, but not limited to “Delivering America’s Promise”), logos,
product and service names without the prior written permission of
AASCU. All other names, logos, product and service names, designs and
slogans on the Websites are the
trademarks of their respective owners.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
- In any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or
other countries).
- For the purpose of exploiting, harming or attempting to exploit
or harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or
promotional material, including any "junk mail," "chain letter," "spam,"
or any other similar solicitation.
- To impersonate or attempt to impersonate AASCU, an AASCU
employee, another user or any other person or entity (including, without
limitation, by using e-mail addresses associated with any of the
foregoing).
- To engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Websites, or which, as determined by
us, may harm AASCU or users of the Websites, or expose them to
liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of
the Websites, including their ability to engage in real time activities
through the Websites.
- Use any robot, spider or other automatic device, process or
means to access the Websites for any purpose, including monitoring or
copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on
the Websites, or for any other purpose not expressly authorized in
these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage
or disrupt any parts of the Websites, the server on which the Websites
are stored, or any server, computer or database connected to the
Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
Reliance on Information Posted
The information presented on or through the Websites is made
available solely for general information purposes. We do not warrant the
accuracy, completeness or usefulness of this information. Any reliance
you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to the
Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including
materials provided by other users, bloggers and third-party licensors,
syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles
and responses to questions and other content, other than the
content provided by AASCU, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of AASCU. We are not
responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by
any third parties.
Changes to the Websites
We may update the content on the Websites from time to time, but its
content is not necessarily complete or up-to-date. Any of the material
on the Websites may be out of date at any given time, and we are under
no obligation to update such material.
Information About You and Your Visits to the Websites
All information we collect on the Websites is subject to our
Privacy Policy.
By using the Websites, you consent to all actions taken by us with
respect to your information in compliance with the Privacy Policy.
Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part.
The Websites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Websites.
- Send e-mails or other communications with certain content, or links to certain content, on the Websites.
- Cause limited portions of content on the Websites to be
displayed or appear to be displayed on your own or certain third-party
websites.
You may use these features solely as they are provided by us, solely
with respect to the content they are displayed with, and otherwise in
accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing,
you must not:
- Establish a link from any website that is not owned by you.
- Cause the Websites or portions of it to be displayed, or appear
to be displayed by, for example, framing, deep linking or in-line
linking, on any other site.
- Otherwise take any action with respect to the materials on the
Websites that is inconsistent with any other provision of these Terms of
Use.
You agree to cooperate with us in causing any unauthorized framing or
linking immediately to cease. We reserve the right to withdraw linking
permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Websites
If the Websites contain links to other sites and resources provided
by third parties, these links are provided for your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party
websites linked to the Websites, you do so entirely at your own risk and
subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Websites is based in the District of Columbia in the
United States. We provide the Websites for use only by persons located
in the United States. We make no claims that the Websites or any content
contained therein is accessible or appropriate outside
of the United States. Access to the Websites may not be legal by
certain persons or in certain countries. If you access the Websites
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that
files available for downloading from the internet or the Websites will
be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection
and accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO OUR WEBSITES.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
AASCU NOR ANY PERSON ASSOCIATED WITH AASCU MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE
FOREGOING, NEITHER AASCU NOR ANYONE ASSOCIATED WITH AASCU REPRESENTS OR
WARRANTS THAT THE WEBSITES, THEIR
CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR
ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
AASCU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AASCU, ITS
AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO
IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless AASCU, its
affiliates, licensors and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any
claims,
liabilities, damages, judgments, awards, losses, costs, expenses
or fees (including reasonable attorneys' fees) arising out of or
relating to your violation of these Terms of Use or your use of the
Websites, any use of the Websites’ content, services and products other
than as expressly authorized in
these Terms of Use, or your use of any information obtained from
the Websites.
Governing Law and Jurisdiction
All matters relating to the Websites and these Terms of Use, and any
dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the
District of Columbia without giving effect to any choice or
conflict of law provision or rule (whether of the District of Columbia
or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to,
these Terms of Use or the Websites shall be instituted exclusively in
the federal courts of the United States or the courts of the District of
Columbia, in each case located in Washington,
D.C., although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your country
of residence or any other relevant country. You waive any and all
objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by AASCU of any term or condition set forth in these
Terms of Use shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition, and any
failure of AASCU to assert a right or provision under these
Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and
entire agreement between you and American Association of State Colleges
and Universities with respect to the Websites and supersede all prior
and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with
respect to the Websites.
Your Comments and Concerns
Our Websites are operated by American Association of State Colleges
and Universities, 1717 Rhode Island Avenue NW, Suite 700, Washington,
District of Columbia 20036.
All other feedback, comments, requests for technical support and
other communications relating to the Website should be directed to:
communications@aascu.org.
Last Modified: December 17, 2021