Welcome to the website of the New England Board of Higher Education (“NEBHE”). The goal of this website is to provide to the largest group of people possible access to a broad range of quality information about our research, publications, and services. To insure a safe, non-offensive environment for all of our users, we have established these Terms and Conditions. This document describes what you can expect from us, and what we expect from you.
By accessing any area of NEBHE’s website (areas residing on the nebhe.org domain), users (“Users,” “you,” “your”) agree to be legally bound and to abide by these Terms and Conditions.
- TRADEMARKSThe trademarks, logos and service marks (“Marks”) displayed on the NEBHE website are the property of NEBHE and other parties. All rights are reserved.
- Proprietary RightsUser acknowledges that the NEBHE website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and NEBHE owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit,participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by NEBHE or otherwise stated herein. If no specific restrictions are displayed, Users may make copies of select portions of the NEBHE, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
- Distribution/Uploading of Third-Party ContentExcept as set forth in Paragraph II a. above, Users may upload to or otherwise distribute on the NEBHE website only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Users will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither NEBHE, its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to NEBHE at dfollweiler[at]nebhe[dot]org. By submitting Content to any website areas, including, without limitation, any User-submited comments or postings, User automatically grants, or warrants that the owner of such Content has expressly granted to NEBHE the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on NEBHE website retains any and all rights which may exist in such Content.
- Third-Party ContentNeither NEBHE nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the NEBHE website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through the NEBHE website represents the opinions and judgments of Users not under contract with NEBHE. NEBHE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the NEBHE website by anyone other than authorized NEBHE employees. Under no circumstances shall NEBHE, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the NEBHE website or through communications with its employees. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through NEBHE’s website.
- ONLINE CONDUCTAccess to and use of password protected and/or secure areas of the NEBHE website is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the NEBHE website may be subject to prosecution.If NEBHE is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by Users (e.g., through a forum posting or online review), NEBHE may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the NEBHE website. NEBHE may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate NEBHE; or (iii) to protect the rights or property of NEBHE, its Users or Providers.NEBHE reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, NEBHE as a whole or in part, or any rights of NEBHE or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither NEBHE nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither NEBHE, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the NEBHE website.
- DISCLAIMERS AND LIMITATION OF LIABILITYALL CONTENT, PRODUCTS, AND SERVICES ON THE NEBHE WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE NEBHE WEBSITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE NEBHE WEBSITE.YOU AGREE THAT NEBHE, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE NEBHE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE NEBHE WEBSITE OR A LINKED SITE, EVEN IF NEBHE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.NEBHE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE NEBHE WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON THE NEBHE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEBHE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE NEBHE WEBSITE AND LINKED SITES. NEBHE MAY MAKE IMPROVEMENTS OR CHANGES TO THE NEBHE WEBSITE AT ANY TIME. NEBHE HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, “PROVIDERS”), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE NEBHE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- TERMINATION OF USAGENEBHE may terminate User’s access, or suspend any User’s access to all or part of the NEBHE website, without notice, for any conduct that NEBHE, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or NEBHE. NEBHE reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.
- SEVERABILITYThe provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- CHANGES TO TERMS AND CONDITIONSNEBHE reserves the right to revise these Terms and Conditions at any time and Users are deemed to be apprised of and bound by any changes to these Terms and Conditions. These Terms and Conditions were last modified on April 2, 2010.