The following rules govern the use by you of the Black Hawk College Foundation website(s), including but not limited to http://foundation.bhc.edu and any of our other websites. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Black Hawk College Foundation website (collectively, "Information"). By signing on and using Black Hawk College Foundation website you agree to abide by these rules and modifications thereto.
Personal Uses Permitted.
The Black Hawk College Foundation website(s) are provided as online information exchange services for use by Black Hawk College Foundation and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
User's Obligation to Abide By Applicable Law.
In connection with the use of Black Hawk College Foundation website(s), you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The information available on Black Hawk College Foundation website(s) may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Black Hawk College Foundation may, in the course of their regular duties, have access to communications for technical or operational purposes. Black Hawk College Foundation website may also disclose any communications to the extent permitted or required by law.
Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through Black Hawk College Foundation website(s) any software or other materials which contain a computer virus, Trojan horse, time-bomb, worm or other rogue programming ("Rogue Programming"). Black Hawk College Foundation has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Black Hawk College Foundation websites is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
Content of Information.
You are responsible for the content of any Information you share or put on Black Hawk College Foundation website(s). Shared information posted to Black Hawk College Foundation website(s) does not necessarily reflect the views of Black Hawk College Foundation and in no event shall Black Hawk College Foundation assume or have any responsibility or liability for any information posted to Black Hawk College Foundation website or for any claims, damages or losses resulting from the use and/or appearance of such information on Black Hawk College Foundation website. Black Hawk College Foundation has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on Black Hawk College Foundation website. Black Hawk College Foundation reserves the right to review any Information that is or becomes available on Black Hawk College Foundation website. Black Hawk College Foundation reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Black Hawk College Foundation sole discretion, unacceptable, undesirable or in violation of these rules. Black Hawk College Foundation has no obligation to exercise such reservation of rights by Black Hawk College Foundation; however, Black Hawk College Foundation has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of Black Hawk College Foundation websites or network who are repeat infringers. Black Hawk College Foundation may terminate access for content providers or forum/blog participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to Black Hawk College Foundation, you grant Black Hawk College Foundation a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While Black Hawk College Foundation strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of websites and content to which we link.
Black Hawk College Foundation may provide links to other websites for informational purposes only, and in some instances for the convenience of our users. Black Hawk College Foundation is not responsible for the content in other sites, and links from Black Hawk College Foundation website to other sites are not intended, nor do they imply endorsement of them by Black Hawk College Foundation. Black Hawk College Foundation encourages users to carefully select the websites that you use.
Disclaimer of Warranties.
BLACK HAWK COLLEGE FOUNDATION WEBSITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BLACK HAWK COLLEGE FOUNDATION NOR ITS AFFILIATES WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT BLACK HAWK COLLEGE FOUNDATION WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BLACK HAWK COLLEGE FOUNDATION, BLACK HAWK COLLEGE FOUNDATION REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE BLACK HAWK COLLEGE FOUNDATION WEBSITES INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON BLACK HAWK COLLEGE FOUNDATION WEBSITE(S), INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BLACK HAWK COLLEGE FOUNDATION ARISING FROM OR IN CONNECTION WITH YOUR USE OF BLACK HAWK COLLEGE FOUNDATION WEBSITE(S). YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BLACK HAWK COLLEGE FOUNDATION, INCLUDING BLACK HAWK COLLEGE FOUNDATION AGENTS, REPRESENTATIVES OR AFFILIATES, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF BLACK HAWK COLLEGE FOUNDATION WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW.
E-commerce Modifications and Technical Errors.
BLACK HAWK COLLEGE FOUNDATION RESERVES THE RIGHT TO ALTER THE CONTENT OF BLACK HAWK COLLEGE FOUNDATION ONLINE ECOMMERCE AT ANY TIME. BLACK HAWK COLLEGE FOUNDATION IS NOT RESPONSIBLE FOR ANY ELECTRONIC ERRORS OR OMMISSIONS WHILE TRANSMITTING INFORMATION TO OUR SERVER(S) AND ANY OTHER TECHNICAL ERRORS FAILING TO ACCEPT AND/OR PROCESS YOUR DONATION, PURCHASE REQUEST OR OTHER PURCHASE REQUEST. BLACK HAWK COLLEGE FOUNDATION MAKES ALL REASONABLE EFFORTS TO VERIFY INFORMATION AND RESOLVE QUESTIONS THAT MAY ARISE WHILE PROCESSING YOUR PAYMENT OR ORDER.
Electronic Communications with the Black Hawk College Foundation
BLACK HAWK COLLEGE FOUNDATION IS NOT RESPONSIBLE FOR ANY ISSUES OR FAILURE OF TRANSMISSION OF E-MAIL CORRESPONDANCE TO OUR SERVERS FROM ANY COMPUTER. FURTHERMORE, YOU HEREBY AGREE, RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BLACK HAWK COLLEGE FOUNDATION ARISING FROM ELECTRONIC COMMUNICATIONS (E-MAIL AND OTHER METHODS) BETWEEN YOU AND BLACK HAWK COLLEGE FOUNDATION.
With regard to Social Media sites (e.g. Facebook, twitter, etc.).
Black Hawk College Foundation is not be responsible for any content placed on any social media or other shared (for public consumption/use) website (e.g. Facebook, Twitter, Google+, Instragram, Pinterest, Houzz, Google, Yahoo, etc.) or any other website where the general public may place content, either freely or paid. You hereby agree, release and waive any and all claims and/or liability against Black Hawk College Foundation arising from these electronic communications.