Overview
The University of Notre Dame’s myNotreDame Service (the 'Service') is the property of the University of Notre Dame. It includes an online directory intended to promote and enhance communication of a personal nature between participants in the service.
The Service is for University of Notre Dame purposes and also for individual communication of a personal nature between members of the Service. Use of this Service for any other purpose, including but not limited to, reproducing and storing in a retrieval system by any means, electronic or mechanical; photocopying; or using the addresses or other information contained in this Service for any private solicitation or commercial or political mailing is strictly prohibited. The Service is provided on an as is and as available basis. Notre Dame disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any portion thereof.
Eligibility of Use
The Service, or portions thereof, is available to authorized members of the University family, including but not limited to alumni, students, parents, friends, and employees, as well as others as authorized by the University in its sole discretion, and is subject to the terms set forth in these Terms of Use (the 'Policy'). Your use of the Service indicates you accept the terms herein and agree to abide by them. Notre Dame reserves the right and may, from time to time, modify the Service and the terms of this Policy. Your continued use of the Service, after modifications, indicates your acceptance of the modification and the applicability of the Policy thereto. You understand and agree that the Service is provided 'AS-IS' and that Notre Dame assumes no responsibility for any aspect of this Service, including but not limited to the timeliness, deletion, misdelivery, or failure to store any user communications. The University may choose to allow access to the Service to non-University entities at Notre Dame's sole discretion in order to perform approved University-related functions.
Rules for Online Conduct
You agree to use these services in accordance with the Policy, that you (and not the University of Notre Dame) shall be responsible for any information, data, text, music, photographs, etc. ('Content') that you post, email, or otherwise transmit through use of the Service, and you additionally agree that in your use of this Service you will not: (i) post or transmit any Content that is unlawful, threatening, abusive, libelous, defamatory, tortious, obscene, vulgar, pornographic, harassing, profane, invasive of another's privacy or indecent, or bigoted, hateful or racially, ethnically, sexually or otherwise offensive; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (iii) post or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iv) disrupt others' normal use of the Service; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post, transmit, or in any way exploit any information, software or other material for commercial or political purposes or which contains advertising, including but not limited to 'junk mail' or 'pyramid schemes', or any other form of solicitation; (viii) use the Service to collect or store personal data about other Users; (ix) attempt to access or access another user's account or attempt to access areas for which the User is not authorized; and (x) interfere with or disrupt the Service or servers or networks connected to the Service, and/or the use of other service providers, or not adhere to or abide by any policies, procedures, or regulations of networks connected to the Service.
You agree that you will not use the Service, including the information provided herein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Notre Dame, at its sole and absolute discretion, shall determine whether any information transmitted, collected, or received violates this provision. You understand that Notre Dame has no obligation to monitor, and does not pre-screen Content. However, Notre Dame has the right (but not the obligation) to refuse to post or to remove any Content, in whole or in part, that in Notre Dame's sole and absolute discretion is objectionable or in violation of this Agreement. You acknowledge that Notre Dame reserves the right to, and may from time to time, monitor or access any and all information posted, transmitted, received, or otherwise available through the Service, for operational and other purposes. You also agree and understand that Notre Dame may preserve and disclose Content/information if in Notre Dame's sole discretion such is reasonably necessary to: (a) comply with law; (b) enforce the terms of this agreement; (c) respond to claims that a User has violated the rights of third-parties, or (d) protect the interests, property, safety of Notre Dame, its users, or others. Use of the Service constitutes consent to such monitoring.
Indemnification
You agree to defend, indemnify and hold harmless University of Notre Dame and its respective trustees, fellows, directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or accruing from your use or misuse of the Service, including but not limited to any Content posted or transmitted by your use of the Service, your violation of the terms of Service or your infringement of any intellectual property right of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS AND THE UNIVERSITY OF NOTRE DAME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY. ADDITIONALLY, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.
Limitation of Liability
IN NO EVENT SHALL THE UNIVERSITY OF NOTRE DAME OR ITS RESPECTIVE TRUSTEES, FELLOWS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NOTRE DAME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE USER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER NOTRE DAME NOR ITS RESPECTIVE TRUSTEES, FELLOWS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
Termination of Services
You agree that Notre Dame, in its sole discretion, may terminate your account (or any part thereof) or access to or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Notre Dame believes, in its sole discretion, that you have violated or acted inconsistently with the terms of this Policy. Notre Dame may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Notre Dame may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Notre Dame shall not be liable to you or any third-party for any termination of your access to the Service. You may terminate the use of the services at any time by providing notification to [email protected]. Notre Dame reserves the right to terminate your access, without notification, for non-adherence of any of the rules set forth in this Policy.
Privacy Statement
Notre Dame respects the privacy of the users of the Service. By the use of the Service the User may volunteer personal information to Notre Dame. Information will be available to other users if you choose to allow it to be viewed by others.
Modification
Notre Dame reserves the right to amend this Policy, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
General Provisions
This Policy constitutes the entire agreement between User and Notre Dame regarding the use of the Service and shall govern User's use of the Service, superseding any prior agreements between Notre Dame and User. User also may be subject to additional terms and conditions that may apply when you use third-party services, third-party content or third-party software. This Agreement shall be governed by the laws of the State of Indiana and shall be subject to the exclusive jurisdiction of the State and Federal Courts of the State of Indiana. The failure of Notre Dame to exercise or enforce any right shall not constitute a waiver of such right or provision.
