TERMS OF USE

This Web site, http://www.parachute.capella.edu, is owned and operated by Capella Education Company.

Effective Date

These Terms of Use are effective as of November 1, 2011.

Your Acceptance of These Terms of Use

These Terms of Use govern your use of this Site. When you access it, agree to comply with and be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use this Site.

Questions Concerning These Terms of Use

If you have questions regarding these Terms of Use, please email us at termsofuse@capella.edu, call us at 888-227-2736, or send a letter to:

Capella University
ATTN: Online Policy Manager
Capella Tower
225 South Sixth Street
Minneapolis, MN 55402

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use at any time and without prior notice, by posting the revised version of these Terms of Use on this Site.  These changes will be effective as of the date we post them. When you use  this Site after such a change,  you agree to be bound by the revised Terms of Use. 

To alert you to changes, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date.  Unless it is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices on the home pages of this Site for 30 days after the new effective date to inform you of the change.

You can always access the current version of these Terms of Use by clicking on the link “Terms of Use” at the bottom of each page of this Site.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy, which is described here. Before using this Site, please carefully review  it. Our Privacy Policy describes how we handle any personal data you provide to us when you use  this Site.

Additional Terms May Apply to You

If you are a Capella learner or a member of Capella’s staff or faculty, you must comply with these Terms of Use and all other applicable policies when you use this Site. If there is a conflict between these Terms of Use and our other policies, these Terms of Use will govern your use of this Site.

In addition, we may require you to follow additional rules, guidelines or other conditions to sign up for various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. You would be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any terms of a click-through agreement are different from anything in the Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use where they relate to matters governed by the “click-through agreement.”

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 post content on this site without waiving any right in such Content. You do not acquire ownership rights to any such Content by viewing it through this Site. Except as otherwise provided here in these Terms of Use, Content cannot be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

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.

This means that you, not Capella, are entirely responsible for all User Generated Content that you upload, post, transmit or otherwise make available to others using this Site. You can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others.  If any part of the User Generated Content you submit is not your original work, you are responsible to obtain any necessary permissions before you post it on this Site.

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

With the exception of Feedback (see below) you own the copyright in any original work you post on or through this Site. We do not claim any copyrights in User Generated Content created and posted by individual visitors to this Site, except Feedback. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through this Site, you grant us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize that User Generated Content in any and all media or form of communication whether now existing or developed at a later date, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not send us any User Generated Content that you do not wish to license to us, including any confidential information or product ideas. Please see our Privacy Policy for a description of how we may use certain types of User Generated Content that you post on this Site.

We may disclose and/or remove User Generated Content.  Capella reserves the right (but does not have the obligation) to monitor all User Generated Content.  We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws.  We reserve the right (but do not assume the obligation) to remove any User Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User Generated Content and the identity of the user who posted or transmitted that User Generated Content in response to a subpoena or when we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Capella or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Site, or to censor, edit or block your transmissions at our sole discretion. You agree that our exercise of such discretion does not render us the owners of the User Generated Content, and the user who made such User Generated Content available on the Site retains ownership  of it, as described above.

Restrictions on User Generated Content.

It is a condition of these Terms and Conditions that you do not:

By posting User Generated Content to this Site, you represent and warrant that: (i) you own or otherwise control all of the rights to the content you post and have the right to grant the license set forth in these Terms of Use; (ii) the User Generated Content you post is accurate: and (iii) you are at least 18 years old and you have read and understood—and your User Generated Content fully complies with—these Terms of Use and applicable laws and will not injure any person or entity.

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.

Your Feedback

In these Terms of Use, “Feedback” refers to the User Generated Content you post on or through this Site that is specifically about how we can improve this Site and the information and services we make available through this Site (collectively, “Feedback”). Although we do not claim ownership of other types of User Generated Content you post on or through this Site, Feedback you provide is and remains our exclusive property. Submitting Feedback constitutes an assignment to us of all worldwide rights, title and interests in that Feedback, including all copyrights and other intellectual property rights.  We are entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Removal of Content

In general. If you believe Content on this Site violates your rights and want us to remove it,
please email us at privacy@capella.edu or call us at 888-227-2736. We do not have any obligation to remove Content merely because of  this request, but we will review all such requests and remove Content that we determine should be removed, at our sole discretion and in accordance with our Terms of Use, Privacy Policy, and applicable law.

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:

Your statement may be emailed to copyrightagent@capella.edu or mailed to:

Capella University
ATTN: Keith Koch, DMCA Agent
Capella Tower
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.

Trademarks

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.

Your Obligations

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 termsofuse@capella.edu. 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).

DISCLAIMERS

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

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.

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).

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of that jurisdiction. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

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.

Minors

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.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

If we fail at any time to require performance of any provision of these Terms of Use or to exercise any right provided for here, this will not be considered as our waiver of such provisions or rights. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, a waiver by Capella of any breach of any provision of these Terms of Use or of any right provided for here pertains only to the instance described in the waiver. We do not waive any continuing or succeeding breach of such provision, the provision itself, or any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law, The remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

Capella’s headquarters are located in Minneapolis, Minnesota.  These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Hennepin County, Minnesota.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any click-through agreements on our Site) contain the entire understanding and agreement between you and Capella regarding this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Capella with respect to this Site and your use of this Site.

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