Legal Restrictions and Terms of Use Applicable to this Site
Use of this Site Signifies your Agreement to the Terms of Use (“Agreement”).
By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.
The following legal restrictions and terms of use apply to AuburnSeminary.org and any other site owned and/or operated by or on behalf of Auburn Seminary (“Auburn”) or any of its parts, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as “AuburnSeminary.org” and “Auburn” and/or “we” respectively).
Auburn shall have the right at any time to change or modify these Terms, or any part thereof and to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately.
Visitors to the Site should periodically check for changes to Terms. Your continued use of the Site following the posting of changes to these Terms on the site means you accept those changes.
USE OF MATERIALS
This site is owned and operated by Auburn and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of AuburnSeminary.org are the property of Auburn and/or its licensors are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from AuburnSeminary.org. may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way that infringes those ownership rights.
In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by Auburn. Auburn does not transfer title to the Software to you. Auburn retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant Auburn and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on AuburnSeminary.org including without limitation via message boards, chat rooms and/or blogs or any other features on AuburnSeminary.org, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised. Users release to Auburn every claim to ownership, copyright, and usage for all user-generated content in perpetuity and without claim to compensation or acknowledgement of any kind.
USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on AuburnSeminary.org. Users are not permitted to upload to, distribute through, or otherwise publish through AuburnSeminary.org any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on AuburnSeminary.org. Unauthorized collection and/or use of email addresses via AuburnSeminary.org is also not allowed.
Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of AuburnSeminary.org. Please be sure that any such information is information that you are comfortable sharing with the public.
Users are solely responsible for the content of their messages and/or comments made any features on AuburnSeminary.org. Auburn is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Auburn Seminary. You acknowledge that Auburn may or may not pre-screen and/or monitor content posted on AuburnSeminary.org, and that Auburn shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on AuburnSeminary.org at any time for any reason, in Auburn’s sole discretion.
You hereby agree to comply with all laws that apply or may apply to your use of or activities on AuburnSeminary.org and any rules for conduct on AuburnSeminary.org or use of specific features and/or services offered thereon that may be posted on AuburnSeminary.org, whether in these terms of use or otherwise, from time to time.
NO PERSONAL ADVICE
Any informational materials provided on AuburnSeminary.org, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Auburn makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through AuburnSeminary.org. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via AuburnSeminary.org are solely between you and such entity. You agree that Auburn shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Auburn does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of AuburnSeminary.org is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on AuburnSeminary.org, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.
PRICING
With respect to items or program enrollment sold by Auburn online, we do NOT charge your credit card until after your order has been processed. Auburn uses secure server software over a Secure Socket Layer (SSL) line to protect your credit card information. It encrypts all of your personal and credit card information so that this information cannot be read as it travels to our ordering system, and once it is received, it is stored in a location not accessible via the Internet.
From time to time, some items offered online may be mispriced. If we discover an item or program that you have ordered is mispriced, we may do one of the following:
If an item’s correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item’s correct price.
If an item’s correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has been processed, we reserve the right to cancel your order and notify you of such cancellation.
CHANGES TO SITE
Auburn may add, change, discontinue, remove or suspend any portion of AuburnSeminary.org at any time, without notice.
USER ACCOUNTS
Certain portions of AuburnSeminary.org may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of AuburnSeminary.org using your account and/or identity. Auburn reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of AuburnSeminary.org for any reason, including without limitation for extended periods of inactivity.
TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from AuburnSeminary.org and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Auburn, if in Auburn’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from AuburnSeminary.org and all copies thereof, whether made under the terms of this Agreement or otherwise.
LIMITS ON LIABILITY
Auburn is not liable for:
• The contents of any communication, message, or other information sent by you or third parties to Auburn, or posted by you or other third parties on any part of the site;
• The contents of any Web site not controlled, owned, or operated by Auburn that is accessed from or linked to any part of the site;
• Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
• The results of any interpersonal interactions to which you are exposed or in which you become involved through the site or other Auburn services; or
• Any termination or suspension of your use of the site.
DISCLAIMER
AUBURN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO AUBURNSEMINARY.ORG OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” AUBURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO AUBURNSEMINARY.ORG AND ANY WEB SITE WITH WHICH IT IS LINKED. AUBURN DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON AUBURNSEMINARY.ORG OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT AUBURNSEMINARY.ORG, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF AUBURNSEMINARY.ORG OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. AUBURN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON AUBURNSEMINARY.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AUBURN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AUBURN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON AUBURNSEMINARY.ORG, EVEN IF AUBURN OR A AUBURN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AUBURN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AUBURNSEMINARY.ORG.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AUBURNSEMINARY.ORG AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNIFICATION
By using AuburnSeminary.org, you agree to indemnify, defend and hold harmless Auburn from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on AuburnSeminary.org; or (3) any material uploaded by you or through your computer to AuburnSeminary.org or otherwise sent by you to Auburn. You will cooperate as fully and reasonably as required by Auburn in the defense of any claim. Auburn reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Auburn.
JURISDICTIONAL ISSUES
AuburnSeminary.org is controlled and operated by Auburn from its offices in New York, United States of America. Auburn makes no representation that materials on AuburnSeminary.org are appropriate or available for use in other locations. Those who choose to access AuburnSeminary.org from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from AuburnSeminary.org may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Auburn each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the southern district of New York. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
PERMISSION FOR REPRINTS
All material on AuburnSeminary.org without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on AuburnSeminary.org (outside of personal, non-commercial use), please write to:
Auburn Communications
475 Riverside Drive, Suite 1800 | New York, NY 10115
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Auburn a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to [email protected]
Auburn reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. For questions about AuburnSeminary.org, please visit the “Contact Us” section of our Web site.
Most recently updated December, 2017.
