Copyright

Terms of Use of Website

These Terms of Use outline the terms and conditions under which you can use the San Jacinto College web site ("Website") located at sjcd.edu and services ("Services") related thereto. Please read these terms of use carefully. Use of the Website or Services shall constitute your acceptance of these Terms of Use and the Privacy Policy, as well as any other terms and conditions governing access to and use of the Website or Services, as such terms may be amended by San Jacinto College from time to time.

  1. Definitions. References to "we," "us," "our" or "the College" mean San Jacinto College, a public community college district organized under the laws of the State of Texas and its trustees, officers, employees, representatives, and agents in their official and individual capacities. References to "you," "your," and "User" mean you and any individual or entity using the Website or Services on your behalf or via your account (with or without your consent). References to "affiliates" means licensors, linked third party sites, content providers, contractors, customers (including users), successors, heirs, and assigns. References to "other users" means other users of the Website or Services, including but not limited to advertisers, linked third party sites, and registered users. References to the "Content" mean all materials contained in the Website or Services, including but not limited to text, graphics, logos, links, and software, as well as the information and materials contributed by other users of the Website or Services. References to "postings" mean the user's provision of information to the Website. References to "Privacy Policy" mean the terms regarding use of your information set forth in the Privacy Policy, which you should review and may be reached by clicking here. http://www.sjcd.edu/privacy.html
  2. Use of the Website or Services. The Website may be accessed and used by bona fide users only for lawful purposes and for the user's personal or internal business use. Bona fide users are students, faculty and administration staff of the San Jacinto College. Individuals may use the Website or Services to obtain information regarding their own contact information, grades, financial aid, and/or employment information or to make additional information about themselves available. All other use of the Website or Services is strictly prohibited. Only you may access your information on the Website or use the Website or Services. If you cannot use the Website or Services for any reason, you agree to notify and cooperate with us to determine the source of the Website failure.
  3. Limitations on Use: You may not do or attempt to do any of the following:
    1. Post, maintain or otherwise provide incomplete, inaccurate, or out of date information or any materials that violate any law, infringe personal or proprietary rights, or otherwise cause embarrassment, harm or offense to us, our affiliates, or any third party, including but not limited to obscene, racist, sexist, abusive, offensive, harassing, libelous, tortuous, confidential, or infringing materials;
    2. Reverse engineer, disassemble, decompile, or otherwise decipher any of the software (including HTML code) contained in the Website or used in connection with the Services, use or reproduce any portion of the content of the Website without our prior written authorization, frame or link to any page of the Website or Content without our prior written authorization, test or violate the security systems of the Website, or take any action that might impair, damage, or forfeit any of our intellectual property rights in the Content, Website, or Services;
    3. Perform any act or omission which would damage the Website, impair its operation, overload its facilities, or impose a burden on the Website's infrastructure beyond that which would be imposed by normal use, including but not limited to spamming, intentionally introducing any viruses, worms, cancelbots, disabling agents, or Trojan horses into the Website, or using spiders, avatars, robots, or intelligent agents to search or navigate the Website;
    4. Use any software, agent, tool, or other device to search or navigate the Website other than those provided on the Website or generally available third party web browsers (such as Netscape Navigator and Microsoft Explorer);
    5. Allow any third party to gain access to any password of yours which permits access to nonpublic areas of the Website or Services;
    6. Use the Website or Services for any unauthorized or unlawful purpose or in any manner not consistent with the uses contemplated hereunder;
    7. Access another user's account or delete, augment, or amend the information contained therein or interfere with access to the Website or another user's account;
    8. Impersonate or otherwise assume the identity or use the personal or contact information (including but not limited to email address) or user name and password of any person or entity, or forge any TCP/IP packet header or any part of the header information of any email or newsgroup posting;
    9. Perform any act or omission in connection with or directly or indirectly resulting from your use of the Website or Services which could or does cause harm to the business or reputation of San Jacinto College or other users of the Website or Services, or cause San Jacinto College to incur liability to any third party; or
    10. Use the Website or information gained from Content to contact or send unsolicited communications (including via email) to a user or any other person or entity, including without limitation, junk mail, spam, or any offensive, sexually explicit, harassing, libelous, infringing, threatening, or otherwise objectionable email or other communications.
  4. Your Information: You are solely responsible for the form and content of all information provided by you in connection with the Website or Services. You agree to maintain all such information to be accurate, timely, complete, and will not infringe on the personal or proprietary rights of others. You agree to promptly update and/or correct any information that is or becomes inaccurate, incomplete, or infringing. We will not delete, monitor, or edit the contents of your postings or other communications on the Website except based on a good faith belief that such action is necessary or desirable to (i) comply with any applicable law or administrative or judicial order, (ii) protect the safety or rights of our users or others, (iii) carry out maintenance or improvement to the Website or Services, (iv) protect the financial well-being, reputation, or intellectual property of the Website, Services, San Jacinto College or our affiliates, or (v) ensure that postings are acceptable to us (in form, content, and quality), as determined in our sole discretion, including but not limited to our determination that a posting is unlawful, inaccurate, incomplete, offensive, disruptive, inappropriate, or unacceptable for any reason. We will notify you of such removal by e-mail to the e-mail address provided and offer you the opportunity to amend the posting in a manner that we find acceptable (if that is possible). Until such amendment, the posting will not be reinstated. In no event will San Jacinto College or our affiliates be liable for any damages of any kind or nature beyond a refund of any fee paid, subject to paragraph 15, for the posting, in connection with its removal, monitoring or editing of a posting. If you notify us that you believe that any other user's posting violates these Terms of Use, we may choose to investigate the claim and determine (in our sole discretion) whether to remove or edit the affected posting. We have no obligation to you or any other user or third party to perform this monitoring, editing, or removal. By submitting information, suggestions, or other content to any public or non-public area of the Website, you grant us and our affiliates a royaltyfree, perpetual, irrevocable, sublicenseable (through multiple tiers), nonexclusive license to use, reproduce, modify, publish, perform, display, distribute, and create derivative works and compilations from or including such information or content in any media or technology now known or hereafter discovered. Without limiting the foregoing, you license (i) any user to access, display, view, store and reproduce such content for personal use or internal business purposes, and (ii) San Jacinto College to modify, adopt, and implement any suggestion or comment you may provide us regarding the Website or Services. In addition to and without limiting the provisions of the Privacy Policy, you agree that we may (i) disclose to third parties aggregate information (not identifying specific users) resulting from information that you provide, and (ii) disclose information you provide to governmental or financial aid entities (including but not limited to law enforcement agencies) or judicial or administrative ruling or order.
  5. Secure Areas and Your Password: Only registered users with the appropriate authorization and passwords may enter restricted areas of the Website. You are responsible for any and all uses of your registration and account, whether or not you have authorized such use. You will notify us immediately of any breach of the confidentiality or unauthorized use of your registration, account, or password. While we respect your privacy, your account may be accessed by us and designated third parties under certain circumstances as provided in paragraph
  6. Other Users, Their Information and Conduct Although we strive to ensure the accuracy of all information we provide, we cannot ensure the accuracy, completeness, or timeliness of the information posted by our other users, nor the accuracy of their stated identities. We act as a passive conduit for the publication and distribution of information and communications and have no obligation to screen or monitor such materials. Likewise, while we request that our users abide by all applicable laws and accepted social conventions in their dealings with each other, we cannot ensure that they comply with this request. Therefore, we do not warrant and must disclaim all responsibility and liability for any and all aspects of information provided, identity claimed, or conduct evinced by the users of the Website or Services. We expect you to exercise caution, prudence, and good judgment in your dealings with other users of the Website or Services. There are risks, including physical harm, associated with dealing with strangers. You assume all responsibility for your decisions in this regard and any consequences thereof.
  7. Release of Liability for Third Party Actions: San Jacinto College has no obligation to review or verify the information posted on the Website nor can we control the information provided or actions taken by our users or linked sites. Therefore, we cannot assume responsibility or liability for the identity, information, or conduct of these parties. Accordingly, you release us and our affiliates (other than the offending third party) from any and all liability, claims, demands, damages, and costs of any kind or nature directly or indirectly arising from or related to any dispute or conflict with another user ("Released Claims"), regardless of whether such Released Claims are known or unknown or suspected or unsuspected, whether they are based on damages which are actual, consequential, punitive direct or indirect, and whether they are grounded in actions based in contract, tort, or any other legal theory or claim.
  8. Use of Content: San Jacinto College owns all rights to the Content, which is protected by domestic and international intellectual property laws, including but not limited to copyright, patent, trademark, and trade secret laws. Your right to use the Content is strictly limited to use in connection with your authorized use of the Website or the Services as permitted hereunder. You may not sell, license, reproduce, reverse engineer, publicly display, distribute, or otherwise deal in and with the Content for any public or commercial purpose. All rights not expressly granted herein are reserved by San Jacinto College and/or its licensors.
  9. No Endorsement The Website may contain links to third party's web sites. These links are provided only for your convenience. We do not endorse or warrant the accuracy, completeness or any other aspect of these third party web sites or the content or services provided thereon. You assume all risks of any decision to access any such web sites or to use or rely on any such content or services.
  10. Indemnity You agree to indemnify, defend, and hold us and our affiliates harmless from and against any and all liability, claims, actions, demands, damages, or costs arising directly or indirectly from (i) your actual or alleged breach of any of these Terms of Use, Privacy Policy, or any other terms governing your use of any aspect of the Website or Services, (ii) your violation of any law or regulation, (iii) your infringement of any personal or proprietary right, or (iv) any aspect or consequence of your use of the Website or the Services.
  11. Termination We are entitled to temporarily suspend or permanently terminate, for any reason, your access to and use of the Website and Services (including removal of any information or material you have posted on the Website) or any portion thereof. Although in most cases, we will attempt to contact you prior to such termination, such notice is not required and any such termination shall take effect immediately and without notice. Circumstances that may lead to such termination include but are not limited to:
    1. Your actual, alleged, attempted, or threatened breach of any of these Terms of Use, the Privacy Policy, other terms of the Website or Services, or any other obligation or duty to us, or our reasonable suspicion thereof;
    2. Our inability to verify information you have provided despite providing you with 5 days email notice of such inability;
    3. Our determination, in our sole discretion exercised in good faith, that such action is necessary or desirable to protect us, our affiliates, or any third party from any harm or legal liability;
    4. Our reasonable suspicion of fraud, misuse of the Website or Services, or other misconduct;
    5. Delinquency in paying fees owed to San Jacinto College; All provisions of these Terms of Use which by their terms or nature survive termination shall continue until fully performed, including but not limited to Sections 1 and 3-22 inclusive.
  12. No WARRANTIES THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DO NOT MAKE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. DISCLAIMED WARRANTIES INCLUDE BUT ARE NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, (B) WARRANTIES REGARDING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (INCLUDING BUT NOT LIMITED TO INFORMATION CONCERNING OR CONTAINED IN USER IDENTITY, POSTINGS, OR RESUMES/CVS, AND (C) WARRANTIES REGARDING THE OPERATION OF THE WEBSITE OR SERVICES, INCLUDING ITS OPERATIONS, RELIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL MECHANISMS. San Jacinto College does not represent or warrant that the Content, Website or Services may be lawfully viewed, downloaded or used outside of the United States. If you perform any of the foregoing actions outside that nation, you assume all risks and will be responsible for compliance with all applicable laws and regulations.
  13. Limitation of Liability IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR LOSS OF PROFITS, DATA OR EMPLOYMENT, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER TORT OR CONTRACT OR OTHERWISE) AND REGARDLESS OF WHETHER WE OR OUR AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY THEREOF.
  14. Recognizing the value of diversity and free speech, San Jacinto College makes resources available to all segments of the community but does not review, edit, or endorse all items accessible from the Website. Certain content of the Website is not an official statement of the College and the College is not responsible for the content of every page that you can reach through the Website. Opinions expressed in personal or nondepartmental home pages should be construed as those of its author, who is responsible for the information contained therein. While the College will make efforts to ensure the accuracy of materials published on the Website, discrepancies may sometimes exist between printed and electronic information. In any such case, the printed version of the material should be considered the official version. The College does not police the content of this or any Website and is under no obligation, but reserves the right, to investigate if a complaint is filed.
  15. The College makes every effort to maintain the Website and each of its features operational at all times. It is recognized, however, that the Website and the Services may be inaccessible during times of maintenance or due to other reasons, such as technical failures or electricity outages. THE COLLEGE DISCLAIMS ALL LIABILITY FOR LOSS OF ACCESSIBILITY TO WEBSITE, INCLUDING BUT NOT LIMITED TO INTERRUPTION OF DISTANCE LEARNING PROGRAMS AND OTHER SERVICES. THE COLLEGE DISCLAIMS LIABILITY FOR ANY LOSS OF INFORMATION PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PAYMENT, REGISTRATION INFORMATION, AND APPLICATIONS. Students and other users submitting information across the Website are responsible for assuring that such submissions are made timely, regardless of Website availability, and are responsible for verifying that the information is received.
  16. Infringement Claims If you believe any content (whether posted by us or other users), infringes any copyright owned by you, you will notify us as soon as practical after you become aware of a possible infringement. In making any such claim, you will provide us with written notice that includes: (a) adequate and specific identification of the works claimed to be infringed and the location on the Website of the allegedly infringing materials; (b) a statement from the copyright owner, asserting such infringement, (c) your contact information, including your name, address, phone number, and email address, and (d) a notarized statement certifying the accuracy of the information you've provided and your status as the copyright owner or your authorization to act on the copyright owner's behalf.
  17. Force Majeure We and our affiliates shall not be liable for any outage, disruption or failure of the Website or Services, or any other loss, delay or failure to perform resulting from any force majeure event, including Acts of God, fire, natural disaster, sabotage, terrorism, civil unrest, labor shortage or stoppage, delays in supplies, failures or outages in telecommunications, utilities, or any other infrastructure components, war or military hostilities, inability of carriers to make scheduled deliveries, or any other act beyond our or our affiliates' reasonable control.
  18. No Partnership, Employment or Fiduciary Relationship Your registration or use of the Website or Service shall in no event give rise to a partnership, employment or fiduciary relationship between you and San Jacinto College or our affiliates that does not already exist. We shall not be responsible for the acts or omissions of any user or any of our affiliates, including any employment-related decisions, whether or not foreseeable.
  19. Remedies All remedies available to San Jacinto College hereunder shall be cumulative and in addition to any other remedies available hereunder or otherwise at law or equity. Nothing contained herein shall be deemed to prohibit or restrict San Jacinto College from seeking equitable or interlocutory relief.
  20. Governing Law and Venue You agree that these Terms of Use and any dispute you may have with San Jacinto College related to the Website or Services shall be governed by the laws of Texas, without regard to its conflicts of laws provisions. Any such dispute must be brought in the Texas courts located in Houston. You submit to the exclusive jurisdiction of the Texas courts.
  21. Miscellaneous These Terms of Use and the Privacy Policy as they may be modified or augmented by any other terms posted on applicable portions of the Website, constitute the entire agreement between San Jacinto College and you with respect to the Website and the Services. Headings are for convenience only and shall not be used in construing these Terms of Use. Any provision hereof which is prohibited or unenforceable shall be ineffective but only to the extent of such prohibition or unenforceability, without invalidating the remainder of the provision or any other provision hereof. Our failure to enforce any provision shall not be deemed a waiver of that breach or any prior, concurrent or subsequent breach. Any waiver by San Jacinto College will be effective only if made in writing and signed by our authorized representative. All notices shall be provided in accordance with the terms of your User Agreement.
  22. Changes to the Terms of Use San Jacinto College may add, delete, or otherwise change these Terms of Use and the Privacy Policy and any other terms and conditions on the Website at any time by posting revised terms on the Website. Unless stated otherwise, changes will become effective immediately upon their posting. You should check the applicable areas of the Website regularly to ensure you are apprised of any new changes.