Capella University WordPress MU Site

Terms of Service

Please carefully review the following rules, policies, and disclaimers.

By authoring content through this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Examples of content that violates Terms of Use:

• Explicit/vulgar/obscene language
• Posting or referencing sexually explicit images or other offensive content
• Exploitation of a minor (any person under the age of 18)
• Racially or ethnically offensive content
• Gratuitous violence
• Material that defames, abuses, or threatens physical harm to others or yourself
• Illegal activity, such as how to build a bomb, counterfeit money, etc.
• Individually, identifiable information of a minor (any person under the age of 18), that includes but is not limited to any of the following: full name, home address, telephone number or the name of their school.

Examples of activities that violates Terms of Use:

• Infringement of any intellectual property rights, including but not limited to copyright, trademark, rights of publicity, or other proprietary rights.
• Posting of content in violation of any claim of confidentiality or confidentiality agreement
• Soliciting for advertisers or sponsors
• Posting of sponsorships, ads, and banners unrelated to Capella University
• Making available serial numbers for software for the purpose of illegally validating or registering software
• Linking to content not allowed in Capella University
• Solicitation of a learner’s, faculty member’s or staff member’s user name or password
• Harvesting of user names or passwords
• Spamming, including search engines
• Chain letters or pyramid schemes
• Using your learner’s, faculty member’s or staff member’s web space as storage for remote loading of graphics and other content
• Posting of viruses or software designed to create a virus, or to do harm to the system or its members
• Renting or subleasing Capella University’s interactive space under any circumstance
• Capella University reserves the right to prohibit authors or commenters from linking to or promoting links to any commercial site beyond Capella University.
• Negative editorial comments about an other business
• Multilevel marketing or pyramid schemes
• Raffles or contests
• Advertising of lottery, ammunition, firearms, tobacco, alcohol, adult services including phone sex or escort services
• Illegal Activities, including but not limited to illegal drugs & drug-related paraphernalia
• Baby Adoption (Solicitation or Offers)

Note: Registering for any account using a LEARNER/FACULTY/STAFF user name that is in violation of these guidelines and/or Capella University’s Terms of Use is prohibited.

Bear in mind that CCapella University’s Wordpress Mu Site is “public” and others will have access to your published material and might copy, modify or distribute it. By submitting or publishing content here, you are representing that you are the owner of such material or have the authorization to distribute it. Once you publish content in Capella University’s MU Site, you expressly grant Capella University the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

Capella University does not control or endorse the content found in Capella University’s Wordpress Mu Site and, therefore, Capella University specifically disclaims any liability with regard to Web page content and any actions resulting from your participation in Capella University’s Wordpress Mu Site. Although we are not responsible for any content in Capella University’s Wordpress Mu Site, Capella University reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request. Capella University also reserves the right to edit, refuse to publish, or to remove any information or materials in a Web page, without prior notice, in whole or in part, that in our judgment, does not meet our guidelines. Repeated or egregious violations of this policy may be dealt with under the university’s learner code of conduct policy.

Capella University’s Wordpress Mu Site is not intended for use by individuals who are neither enrolled in nor teach at nor are employed by Capella University.

Capella University reserves the right to make changes to these guidelines at anytime and you agree to be bound by any such changes. Please check these guidelines periodically for any changes. You can view these guidelines at Capella University’s Learner Community Guidelines. Capella University reserves the right to terminate your access to the Service, if in Capella’s sole discretion, there has been a violation of these guidelines or terms of use.

You understand that you use Capella University’s Wordpress Mu Site at your own risk and, that in general, Capella provides no assistance other than the information posted at the Capella University’s Learner Community Help area. Capella University is in no way liable for any claims arising from your use of Capella University’s Wordpress Mu Site.

AGREEMENT TO TERMS OF USE

You agree to abide by Capella University’s Terms of Use, including but not limited to, agreeing not to use this site for any unlawful purpose.

THIRD PARTY SITES

These sites may contain in formation or material that some people may find in appropriate or offensive. These other sites are not under the control of Capella University, and you acknowledge that Capella University is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Capella University.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, servicemarks, patents, tradesecrets, or other proprietary rights and laws. Except as expressly authorized by Capella University, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Capella University is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Capella University. Permission is granted only when certain limited criteria are met.

USER’S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

1. Grant Capella University the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose;

2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Capella University will not infringe or violate the rights of any third party.

3. Acknowledge that this site is a live and constantly evolving document. Any user can edit previous posts at any point and no archives are created or maintained of the origional material.

4. Release Capella University from any responsibility to provide archived material of any origional or edited content from this site.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Capella University.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE THROUGH THIS SITE (THE” CONTENT”) ARE PROVIDED”AS IS” AND” AS AVAILABLE “FOR YOUR USE”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. CAPELLA UNIVERSITY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CAPELLA UNIVERSITY, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAPELLA UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAPELLA UNIVERSITY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Capella University, you agree to defend, indemnify, and hold harmless Capella University And its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or Misuse of this site. Capella University reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Capella University in asserting any available defenses.

INTERNATIONAL USE

Capella University makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified here in, this agreement constitutes the entire agreement between you and Capella University with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Capella University with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.