Terms of Use


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Thank you for your interest in the University and College Accountability Network (“U-CAN”).  The U-CAN web site (the “Site”) has been created and made available to you by the National Association of Independent Colleges and Universities (“NAICU”).  The Site provides, in a common format, prospective students and their families concise, Web-based consumer-friendly information (“Profiles”) on individual private colleges and universities. The U-CAN Profiles are not a means of ranking or rating colleges and universities, but rather are one way to compare and contrast various participating institutions.    

Please carefully read the following terms and conditions (the “Terms of Use”), as they govern your use of the Site.  By accessing the Site, you are agreeing to the Terms of Use.  NAICU reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time, without notice to you.  Updated versions of the Terms of Use may appear on the Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use.  Continued use of the Site after any such changes constitutes your consent to such changes.

1.    Grant of License.  These Terms of Use provide you with a limited, non-exclusive, non-transferable, royalty-free license to use the Site and the content and information contained herein.  You may print and download Profiles, materials and information from the Site solely for your personal and/or your institution or organization’s non-commercial use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary rights notices contained in such materials and information.  You may not modify, reverse engineer, decompile, deconstruct, or frame any portion of the Site without NAICU’s prior written permission.

2.    Intellectual Property Rights.  The software, information, materials, and the selection, arrangement and coordination of the data contained in and offered through the Site is protected by law, including, but not limited to, United States copyright and trademark laws.  For the avoidance of doubt and except as delineated above, NAICU makes no claim to exclusive rights in the public domain information available on the Site.  The Site, its content, including its layout, design, data, information and underlying software, are the exclusive property of NAICU, unless otherwise indicated.  The Site and its underlying software are “© 2006 - 2007 National Association of Independent Colleges and Universities.  All rights reserved.”  In addition, the “UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK,” “U-CAN” and “UCAN” marks and logos, and any variations thereof, as well as all other trade/service marks, trade names, logos, and icons displayed on the Site, unless otherwise indicated, are proprietary to NAICU.

3.    Links to Other Web Sites.  The Site may include links to third-party Internet web sites including information relevant to you and your institution or organization.  These other web sites have not necessarily been reviewed by NAICU and are maintained by third parties over whom NAICU does not exercise any control.  Accordingly, NAICU shall not be responsible for the content, the accuracy of the information, or the quality of products or services provided by these third-party web sites.  Moreover, these links do not imply an endorsement by NAICU of any third party or any web site, product or service provided by any third party.

4.    Disclaimer of Warranties.  THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OR CONDITION.  USE OF THIS SITE IS AT YOUR OWN RISK.  NAICU DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT OF THE LAW, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.  NAICU DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT ACCESS TO THE SOFTWARE OR THE DATA MADE AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS PROVIDED AS A PUBLIC SERVICE.  NAICU DOES NOT WARRANT OR GUARANTEE THAT THE DATA PROVIDED TO NAICU BY OTHER ORGANIZATIONS OR INSTITUTIONS, OR ACCESS THROUGH USE OF THE SITE, WILL BE SECURE, CORRECT, RELIABLE AND/OR ERROR FREE.  

5.    Limitation of Liability.  In no event will NAICU be liable to you for any consequential, incidental, special, punitive or other indirect damages arising out of or related to your use of the Site (or any web site linked to, or referenced in, this Site), the software, or data or Profiles generated therefrom, even if NAICU has been apprised of the possibility of such damages occurring.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions NAICU’s total liability shall be limited to $500.  

6.    Termination.  Your right to use the Site and its content will terminate automatically if you fail to comply with any of the conditions set forth in these Terms of Use.

7.    Obligations and Representations of Contributors.  As a condition of using the Site, any institutions or organizations contributing data or information to the Site (“Contributors”) represent and warrant that such information is, to the best of the Contributor’s knowledge, accurate and not misleading in any material respect.  In addition, each Contributor, as well as its authorized representatives, agrees to exercise reasonable best efforts to protect the confidentiality of passwords used to access the Site and to notify NAICU immediately of any unauthorized use of passwords.  NAICU will not be liable for any loss Contributor may incur as a result of someone else using Contributor’s password.
 
8.    Privacy Policy.  When a Contributor (as defined in paragraph 7 above) registers to contribute data and/or information to the Site, the Contributor will be asked for information about Contributor, such as the Contributor’s name, address, telephone number and the business contact information for a representative of Contributor.  Some of the information Contributor provides may be the personal identifying information of an authorized representative of Contributor (such as a personal e-mail address or home telephone number).  NAICU will only use the personal identifying information Contributor provides in order to perform the services for which Contributor has registered.  Any personal identifying information will not be shared, sold, or otherwise transferred to any other third party (unless required by law), although we may transfer Contributor information to any entity as part of a reorganization of NAICU.  If a Contributor has any concerns regarding how the personal identifying information Contributor provides is being collected or used, please send us an e-mail (webmaster@naicu.edu) or fax (no. 202-835-0003) describing Contributor’s concerns or contact us at National Association of Independent Colleges and Universities, 1025 Connecticut Avenue, N.W., Suite 700, Washington, D.C. 20036.

9.    Indemnification.  You agree to indemnify, defend and hold NAICU and its officers, directors, shareholders, employees, agents, legal representatives, successors, and assigns harmless from and against all claims, losses, damages, fines and expenses (including reasonable attorneys’ fees and litigation costs) related to or arising out of (a) your use of the Site and any information, data or materials made available on the Site and (b) your breach of these Terms of Use.

10.    Governing Law.  These Terms and Conditions will be governed by the laws of the District of Columbia, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the courts sitting in the District of Columbia.