CCMCC Terms And Conditions

Updated : April 3rd, 2011

Welcome

Thank you for choosing to visit our web site. Contra Costa Medical Career College (the "University"). These web site Terms and Conditions ("Terms of Use") apply to your access to, and use of, the University's web sites located at ccmcc.org and features and applications accessible through, or in connection with, the Sites (collectively the "Services"). Certain Services may be subject to additional terms and conditions (collectively "Additional Terms") as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the University, or its subsidiaries or affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by the University.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH CCMCC, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.

Modifications to Terms of Use

The University reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time and in its sole discretion. If the University changes or modifies these Terms of Use, the University will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Site and the Services.

Privacy Policy

Please refer to the privacy policy on the applicable Site for information on how the University collects, uses and discloses the information collected on that Site

If you are an employee of the University you should also refer to your applicable Employee Handbook.

Employees

If you are an employee of the University you have certain responsibilities with respect to your conduct as set forth in the Employee Handbook. Your conduct on the Sites is subject to and must fully conform with: a.) the terms set out in the Employee Handbook; b.) any Additional Terms set out on the Site(s) and c.) any other employment agreements or acknowledgements that may be applicable to you. Violation of any policies and procedures, employment agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in CCMCC's sole discretion, up to and including termination of your employment, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any policy in the applicable Employee Handbook, or other term of employment, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific employment agreement or acknowledgment; b.) the applicable Employee Handbook policies; and c.) these Terms of Use. Notwithstanding the previous sentence, The University reserves the right to resolve any such conflicts in their sole discretion.

Copyright and Limited License from the University

Unless otherwise indicated in the Site, the Services and all content and other materials on the Site including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of their licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;

(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;

(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;

(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;

(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;

(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;

(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;

(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or

(i) use the Sites, the Site Materials or the Services other than for its intended purpose.

Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the University, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the University's sole discretion.

Copyright Complaints

If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:

Full Address of which Notification Should be Sent:


CCMCC
Attn: Copyright Complaints
4051 Lone Tree Way, Suite C
Antioch, Ca 94531
USA


To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

d) Information reasonably sufficient to permit our or our designee's contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.

e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, the University or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at the University's sole option: a general notice on the Sites, electronic mail to the content provider's email address in our records, or by written communication sent by first-class mail to such user's postal address in our records.

Trademarks

All logos and any other product or service name or slogan contained in the Sites are trademarks of the University, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the University or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "CCMCC" or any other name, trademark or product or service name of the University without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the University and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the University.

Hyperlinks

The University makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of the University and the University is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The University provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the University of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Representations; Registration Data; Account Security

In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:

(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");

(b) maintain and be solely responsible for the security of your password and identification;

(c) maintain and promptly update the Registration Data, and any other information you provide to the University, to keep it accurate, current and complete; and

(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the University.

Indemnification

You agree to defend, indemnify and hold harmless CCMCC, their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the University and/or their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE UNIVERSITY, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UNIVERSITY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. THE UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UNIVERSITY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE UNIVERSITY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE UNIVERSITY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. The University reserves the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the University.

Limitation of Liability

IN NO EVENT SHALL THE UNIVERSITY, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE UNIVERSITY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE UNIVERSITY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UNIVERSITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE UNIVERSITY FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY RESOURCE FEES OR ACCESS FEES TO THE UNIVERSITY, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.

Applicable Law and Venue

These Terms of Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Contra Costa County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding anything to the contrary in these Terms of Use, the University reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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