©2020, Northern Michigan University. All Rights Reserved.
COPYRIGHT AND TRADEMARKS: All of the content included and associated with EAN, including the text, photographs, graphics, video and audio content, logos, icons, screens and configurations, is the property of NMU or its licensors and is protected by U.S. and international copyright and trademark laws, as a compilation or collective work and/or individually. All software used in connection with EAN is the property of NMU or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using EAN. You may not copy, reproduce, modify, distribute, transmit, replicate, publish, enter into a database, display, perform, create derivative works, distribute over a network, sell or offer for sale or otherwise exploit the content of EAN, except for your own personal use as follows: you may make one machine readable copy and/or one print copy strictly for your own personal use. Any other use of the content of EAN is prohibited.
LINKS: As a convenience, EAN may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, NMU is not endorsing any of these other sites and NMU has no responsibility for the content of third party sites. You access any and all linked sites at your own risk.
PROHIBITED USE OF EAN: You agree that when using EAN, you will not do any of the following: (i) send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; (ii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, fraudulent, false, misleading or unlawful material or information; (iv) publish, post, distribute, or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise; (v) violate any applicable laws or regulations; (vi) impersonate any person or entity; or (vii) upload material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents.
ACCEPTABLE USE POLICY: You also agree to abide by NMU’s Acceptable Use Policy in your use of EAN, which is available at https://www.nmu.edu/policies?p=719&type=Policy and is made a part of this Agreement by this reference.
USER CONDUCT: You agree to use EAN only for lawful purposes. You agree not to take any action that might compromise the security of EAN, render EAN inaccessible to others, otherwise cause damage to EAN or interfere with the rights of third parties.
DENIAL OF ACCESS: NMU reserves the right to deny (in its sole discretion) access to any user to EAN or any portion thereof without notice.
ACCESS; PASSWORD SECURITY: Access to EAN is limited to authorized users. If you are not an authorized user, you must not access or otherwise use EAN, regardless of whether you have an account. You are responsible for maintaining the confidentiality of your EAN account and password and you agree to accept responsibility for all activities that take place on your account. You agree to immediately notify NMU of any unauthorized use of your password or account or any other breach of security. You may not use another person’s account or allow any person to use your account, at any time.
DISCLAIMERS: EAN, INCLUDING ANY WEBPAGES HOSTED OR ACCESSED FROM EAN, ARE PROVIDED BY NMU "AS IS” AND "WHERE IS”, WITH ALL FAULTS AND DEFECTS, WHETHER SEEN OR UNSEEN, KNOWN OR UNKNOWN AND THE USE OF EAN IS ENTIRELY AT YOUR OWN RISK.
You agree that you bear the risk of any loss, damage or destruction to any of your personal data and property, including computer and network hardware, peripherals and other devices used or stored in connection with your use of EAN. NMU WILL not be responsible for any loss or damage in connection with your use of EAN.
NMU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EAN OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND/OR SERVICES INCLUDED WITH OR ANCILLARY TO EAN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NMU RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, DISABLE ACCESS TO OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PART OR ALL OF EAN WITHOUT LIABILITY.
LIMITATION OF LIABILITY: NEITHER NMU NOR ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF EAN OR THE INABILITY TO GAIN ACCESS TO EAN. YOU AGREE THAT IN NO EVENT WILL NMU OR ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR, ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF EAN REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM NMU’S NEGLIGENCE. IN ANY EVENT, NMU’S LIABILITY TO YOU IS LIMITED TO $100.
INDEMNIFICATION: You agree to indemnify NMU and its trustees, officers, employees, faculty, students, agents, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of EAN and any violation of any law, rule or regulation arising out of such use; (b) content you submit, post, transmit or otherwise make available through EAN, or any misuse of information you obtain through EAN; or (c) any violation of this Agreement.
Information Voluntarily Provided By You: In conjunction with your use of EAN, you may choose to provide NMU with information about you to help NMU serve your needs. Unless you voluntarily participate in an activity that asks for such information, NMU does not collect personal information about you. For example, you may fill out a web form, participate in a survey, send an email, sign up for a mailing list, or request further information be sent to you by mail. Any personally identifiable information you send NMU will be used only for the purpose indicated, such as to send information to you or respond to your questions or comments. Requests for information will be directed to the appropriate staff members to respond to the request, and may be recorded to help NMU improve EAN or to better respond to similar requests.
The information NMU collects will be retained as required by Michigan law as well as NMU’s record retention schedule. NMU does not rent, sell, or exchange any personal information you provide to it without your consent, except to the extent permitted or required by law. All information that you voluntarily provide may become public information, unless it is otherwise protected by state or federal law.
FULL REFUND PERIOD: You are able to obtain a full refund as long as you are within the first 30 days of your contract.
TERMINATION: You or NMU may suspend or terminate your account or your access to or use of EAN at any time, for any reason or for no reason. NMU reserves the right to change, suspend, or discontinue all or any aspect of EAN at any time without notice. The terms of this Agreement will survive any termination of it.
DOMESTIC USE; EXPORT RESTRICTION: NMU controls EAN from its offices within the United States of America. NMU makes no representation that EAN or its content are appropriate or available for use in other locations. Users who access EAN from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from EAN may be downloaded or transmitted in violation of United States law.
APPLICABLE LAW AND JURISDICTION: This Agreement will be construed and governed by the laws of the State of Michigan and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Marquette County, Michigan will have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
FORCE MAJEURE: NMU will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, ice or snow, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond the control of NMU.
TIME TO BRING CAUSE OF ACTION: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of EAN or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
ENTIRE AGREEMENT; NON-SEVERABILITY; NON-WAIVER: This Agreement constitutes the entire agreement between you and NMU and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement will remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. NMU’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision by it.