This Web site, http://www.parachute.capella.edu, is owned and operated by Capella Education Company.
ATTN: Online Policy Manager
225 South Sixth Street
Minneapolis, MN 55402
Additional Terms May Apply to You
Ownership of this Site and its Content
This Site, including all software and code comprising or used to operate it, and all text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including, without limitation, content submitted by users of this Site (collectively “Content”) are protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries. Capella retains all content and intellectual property rights to material posted on this Site. Any material included with the permission of the rights owner is protected by applicable copyright and trademark laws.
We grant permission for you to lawfully access and use this Site and to temporarily display, download, or print portions of it for your personal, educational, noncommercial use only, provided that you: (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media.
Responsibility for User Generated Content Posted on this Site
“User Generated Content” refers to all text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site using the social networking tools available on it.
You are responsible for User Generated Content you post on this Site. You are solely responsible for the User Generated Content that you post on this Site. Under no circumstances will Capella be liable in any way for any User Generated Content posted to this Site. User Generated Content may be posted on or accessed through this Site in our sole discretion.
Because we do not control the User Generated Content posted on this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. When accessing this Site, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including, without limitation, any errors or omissions. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available on this Site, whether by us, individual users of the Site, or our third-party contractors or licensors. The communications posted on this Site express the personal opinions of the individuals who posted them and do not necessarily reflect the views of Capella or any person or entity associated with Capella.
Ownership and use of your User Generated Content
Restrictions on User Generated Content.
It is a condition of these Terms and Conditions that you do not:
- Upload, post, transmit or otherwise make available:
- User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
- User Generated Content that constitutes or promotes any illegal activity, including, without limitation, such as encouraging conduct that would be a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law.
- User Generated Content that is false, misleading, or fraudulent.
- User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- User Generated Content that violates or infringes on the rights of others, including content that violates rights relating to patents, copyrights, trademarks, privacy, publicity, trade secrets, confidentiality, contracts, or any other rights of any individual, living or deceased, or any legal entity.
- User Generated Content that contains the image, name or likeness of anyone other than yourself, unless: (i) that person is at least 18 years old and you have first obtained his/her express permission; or (ii) that person is under 18 years old but you are his/her parent or legal guardian.
- Request for or solicitation of any personal or private information from any individual.
- Request for or solicitation of money, goods, or services for private gain.
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment; or
- User Generated Content that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Violate any local, state, national or international law, rule, or regulation.
Remember, you are legally responsible for your User Generated Content. You can be held personally liable if your User Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging onto this Site using your username and password, including those doing so without your authorization.
Removal of Content
In general. If you believe Content on this Site violates your rights and want us to remove it,
Violation of copyrights. Capella does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances in which infringing activity is apparent.
If you request removal of Content because of a violation of your copyrights, please note that 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 that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitutes copyright infringement, please notify our Copyright Agent immediately. Your notice must be in writing and must include:
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- The location of the material you claim is infringing (including the URL, title and/or item number if applicable, or other identifying characteristics).
- Your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement may be emailed to email@example.com or mailed to:
ATTN: Keith Koch, DMCA Agent
225 South Sixth Street
Minneapolis, MN 55402
Any notification by a copyright owner or a person authorized to act on their behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be considered sufficient to confer on us actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Capella names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Capella (the “Capella Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the Capella Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without their prior written permission. Use or misuse of the Capella Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained on the Site is expressly prohibited except where explicit permission is given in that instance. In particular, you may not use any trademark displayed on this Site as a “hot” link without the prior written approval of the trademark owner.
You agree to provide true, accurate, current and complete information about yourself when you use this site.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible to maintain the confidentiality of your password and username and for all activities that occur under your password or username by you or by anyone else using your username and password, whether authorized by you or not. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure, or use of your username or password by emailing us at firstname.lastname@example.org. Until we are notified of this, you remain liable for any unauthorized use of your account.
You agree to abide by all applicable rules and regulations when you use this Site. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering with or change of any information, or any interference with the availability of this Site or access to it are strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives, and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of this Site (including any information, materials, products or services available through this Site).
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPELLA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY COURSES, PROGRAMS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPELLA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE ON THIS SITE BY USERS OF THIS SITE. USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OF CAPELLA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Sites Operated by Third Parties
Certain portions of this Site may be “powered by” third parties. In addition, this Site may provide links to Web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party Web sites, you do so at your own risk.
This Site is not intended for children or minors under the age of 13 years without the permission of a parent or guardian.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion of it) and/or the information, materials, products and/or services available through this Site (or any portion of it) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Governing Law, Jurisdiction and Venue