Terms of Use

ABROAD101 - Terms of Use

Welcome to Abroad101 and our online network that brings together universities, students, parents, study abroad program providers, and affiliates (referred to herein as the "Abroad101 Network" or the "Site"). Abroad101 is a service provided by The Westonian Group, Inc. (“Company,” “we” or “us”). These Terms of Use are the terms and conditions under which authorized users of the Site ("you" or "User") may use the Abroad101 Network and the functionality, content and services offered to you by Company (the “Services”). Please read this page carefully. If you do not accept these Terms of Use, you are not permitted to use this Site or Services. Any use by you of this Site or related Services indicates your acceptance of and agreement to be bound by these Terms of Use. We may amend or modify these Terms of Use at any time with notice provided on the Site and/or by notification to your last known email address.

Who May Use the Site?
The Site may only be accessed and used by:

* Study Abroad Office administrators, and/or other staff members of colleges or universities which are members of the Abroad101 Network ("Network Schools") and have (a) licensed one or more of our study abroad management solutions and related Services; and (b) obtained a valid password to access the Site from us.
* Students and Parents who are seeking Study Abroad information and who have obtained a valid password to access the Site from us or their Network School Study Abroad Office.

Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to deny access to the Site by any User or to modify, suspend or terminate any User's access to or use of the Site at any time, for any reason or for no reason, without notice.

In no event may this Site be used or linked to by any party charging a fee for access to this Site or for access to any information gathered in this Site without the prior written consent of Company in each instance.

Users under the age of 18 must provide Company with written permission from a parent or guardian prior to using the Site.

Each User will be assigned a unique password, which will enable such User (and only such User) to access and use those portions of the Site that they are authorized to use. You are responsible for maintaining the confidentiality and security of your password, and for all uses of your password or registration and all activities that occur under your password or account, whether or not authorized by you (unless caused by us or our agents). You agree (a) not to disclose or share your password with any third party, (b) to use your best efforts to prevent any third party from obtaining your password, and (c) to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site. No User shall create more than one account on the Site without the prior written consent of Company in each instance. Passwords are subject to cancellation or suspension at Company’s discretion.

Acceptable Use of the Site
The Site may only be used for lawful purposes to manage and automate Study Abroad services functions and to obtain Study Abroad information and identify Study Abroad programs. Users shall only access and use the content, features and functionality of the Site which their password permits them to access and use. All Users are required to adhere to these Terms of Use, including the following requirements and guidelines:

Legal Compliance & Posting Limitations.
Users must use the Site in accordance with all applicable laws, and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. In furtherance of and without limiting the foregoing, Users specifically acknowledge and agree that they may not:

* Post or transmit any message, information, data, text, software or images, or other materials (collectively, "Content") that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or that reveals any information that should be known to the User to be confidential or a proprietary.
* Post or transmit Content that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful, tortious or otherwise objectionable or that could constitute an incitement to unlawful conduct.
* Post or transmit any incomplete, false or inaccurate biographical information or information which is not your own accurate profile.
* Impersonate any person or entity, including without limitation a Company employee or agent, a student User, a Study Abroad office administrator or staff member, or otherwise misrepresent your affiliation with any person or entity.
* Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
* Delete or modify any material posted by any other person or entity not related to you.
* Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to other Users or entities within the Abroad101 Network.
* Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

Site Security and Integrity.
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:

* Accessing content, data, features or functionality on the Site for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access.
* Deleting or revising any Content (including, but not limited to, legal notices) posted by Company.
* Aggregating, copying or duplicating in any manner, or framing of or linking to, or selling, trading or otherwise distributing any of the Content available from the Site for commercial purposes.
* Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
* Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
* Attempting to probe, scan or test the vulnerability of the Abroad101 Network or to breach security or authentication measures without proper authorization.
* Using or attempting to use any automated tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Company on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox).
* Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Company may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

No Un-permitted Commercial Activity.
This Site may not be used for purposes of or to further any commercial activity other than those described in the first sentence of this Section entitled "Acceptable Use of Site," without the prior written consent of Company. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation without the prior written consent of Company is strictly prohibited. Specifically (but without limiting the generality of the foregoing), you may not spam other Users. No User may post any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents, whether or not such posting is a bona fide offer of employment.

Appropriate Communications.
If the User’s account is affiliated with a Network School, Company may communicate via email with the User on its behalf. Study Abroad administrators at the User’s Network School prompt these communications, not Company, and the content, frequency, and nature of said communications are the responsibility solely of the Network School and not of Company. By accepting this Agreement, the User agrees to accept said communications. If at any time the User wishes to stop receiving said communications, they may unsubscribe by requesting that the study abroad administrator at their Network School remove them from future communications and by notifying us of their request.

If the User communicates with other Users on the Site, the User understands that there are risks, including but not limited to the risk of physical harm, of dealing and communicating with strangers, with persons outside the jurisdiction of the United States, with minors or with persons acting under false pretenses. User assumes all risks associated with such dealing or communications and with the use of the Site and Services generally.

User Information
When you register on the Site and during the course of your use of the Site, you will be asked to provide certain personally identifiable information about you, such as your name, e-mail address and similar information. All personally identifiable information you provide to us is protected under and subject to our Privacy Policy which is published on this Site, as amended and in effect from time to time.

We also gather and compile information and data about our Users and their usage of the Site on a collective basis and in a manner which does not disclose or reveal any personally identifiable information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.

User-Submitted Content
This Site is a passive platform for Network School staff and administrators, study abroad program providers, and students to interact with one another. Users are solely responsible for any and all content and communications that they post or transmit to the Site or to any User of the Site, as well as for the consequences of such postings and transmissions. Company is not involved in any interaction, transaction or negotiation between or among Network School staff, students, or program providers, and has no obligation to preview, screen, edit or monitor the feedback, listings, or other content on the Site submitted by Users, Network Schools or study abroad program providers. Company has no control over and takes no responsibility for the truthfulness, accuracy, quality, safety, morality, desirability or legality of the program or organization information or other User data, communications or information or any other communications or content on the Site from persons other than Company. Nothing on the Site shall be deemed to be an endorsement, representation or warranty by Company with respect to any Network School, User, program provider, student or third party, or any content, information or communication provided by any of them. Likewise, nothing on the Site shall be deemed to be an endorsement, representation, or warranty by a Network School with respect to any User, program provider, student or third party, or any content, information or communication provided by any of them. You acknowledge and agree that any reliance on any material or communication posted or transmitted by another User will be at your own risk.

Company may, in its sole discretion, reject, remove or edit any User-submitted content or communication appearing on the Site for any reason, without notice, including, but not limited to, any feedback or other User content or communication. Without limiting the generality of the authority prescribed in the preceding sentence, Company reserves the right (but shall have no obligation) to investigate any reported or suspected violation of these Terms of Use and to edit or remove any content or communication that violates these Terms of Use or that Company may in its discretion determine to be inappropriate or objectionable for any reason whatsoever; provided, however, that Company shall have no liability or responsibility to Users for performance or nonperformance of such activities. Any decision by Company to edit or remove any content shall be final and binding. Company reserves the right to expel Users and prevent their further access to the Site for violating these Terms of Use or the law, and may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Company or may cause Company to lose (in whole or in part) any Network Schools or other clients or customers or the services of its ISPs or other suppliers.

By submitting or posting any content to any area of the Site, you grant Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, subject to the Privacy Policy. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Site. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

Third Party Content and Links
The Site provides content and material from, and links and references to, web sites of third parties and other third party resources not controlled by Company (collectively, "Third Party Content"). You acknowledge and agree that neither Company nor Network Schools endorse or are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will Company or Network Schools be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site. Nothing on the Site shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content.

Termination
Company may, in its sole discretion, terminate your password, account (or any part thereof) or access to or use of the Site, or remove or discard any content within the Site, for any reason, including, without limitation, if Company believes that you have breached or violated or acted inconsistently with the letter or spirit of these Terms of Use or any agreement between you and Company. Company may also, in its sole discretion and at any time, discontinue providing the Site or any related Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site or any related services

Proprietary Rights
The contents of the Site, including, but not limited to, its look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Site (collectively, the "Site Content"), are protected under United States and foreign copyright, trademark, trade secret and other laws. All Site Content, except content submitted by participating students and their parents or guardians, is the property of Company or its suppliers, Network Schools, or business partners. The compilation (meaning the collection, arrangement and assembly) of the Site Content is the exclusive property of Company and is protected by United States and international copyright laws. Unauthorized use of the Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy you make of such material. You may not (a) sell or modify the Site Content; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, or (c) reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. The use of the Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

The Site contains many trademarks and service marks of Abroad101 Network Schools, business partners and other third parties. All such marks are the property of their respective holders.

Disclaimer of Warranties
All Users expressly understand and agree that:

* YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE COMPANY (AND NETWORK SCHOOLS) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
* COMPANY (AND NETWORK SCHOOLS) MAKE NO WARRANTY THAT (I) THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, (IV) THAT THE SITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT THE QUALITY OF STUDY ABROAD PROGRAMS WILL MEET YOUR EXPECTATIONS. ABROAD101 (AND NETWORK SCHOOLS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability
IN NO EVENT SHALL COMPANY (OR NETWORK SCHOOLS) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND -- INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA -- ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER COMPANY KNEW OR HAD OTHER REASON TO KNOW OF THE POSSIBILITY THEREOF.

COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE, YOUR USE OF THE SITE AND THE SUBJECT MATTER HEREOF, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED ZERO DOLLARS.

NETWORK SCHOOLS MAXIMUM LIABILITY ARISING OUT OF OR RELATION TO THE SITE, YOUR USE OF THE SITE AND THE SUBJECT MATTER HEREOF, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED ZERO DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless Company and Network Schools and each of their respective officers, directors, employees and agents from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys' fees, resulting from your (i) use or misuse of the Site, (ii) violation of these Terms of Use (as amended and in effect from time to time), (iii) conduct, communication or interaction with any other user of the Site or any of your other activities on the Site, or (iv) violation of the rights of any other User of the Site or any other person or entity. Use of this Site is at your own risk.

Copyrights and Copyright Agent
If you believe any content or materials on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:

* A description of the copyrighted work or other intellectual property that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number, and email address;
* A 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;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

The contact information of our agent for copyright issues is as follows:

The Westonian Group, Inc.
147 North Avenue
Weston, MA 02493
Email: Legal@abroad101.com
Phone: 617-500-3522

Miscellaneous

Entire Agreement.
This Agreement, together with our Privacy Policy and any written license and services agreement or subscription agreement between you and Company relating to the Site, constitutes the entire agreement between us with respect to your use of the Site and supercedes any previous oral or written arrangements or understandings relating thereto. In the event of any conflict or inconsistency between these Terms of Use and any written license and services agreement or subscription agreement between us and any User, the provisions of the applicable license and services agreement or subscription agreement shall prevail.

Waiver, etc.
No waiver of any provision of these Terms of Use by Company shall be effective unless in writing signed by an authorized representative of Company. The waiver by Company of a breach or violation of any provision of these Terms of Use shall not constitute a waiver by Company of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by Company. Any provisions of these Terms of Use that may be invalid shall not affect the validity of enforcement of the remaining valid terms of these Terms of Use.

Governing Law.
These Terms of Use and all use of the Site shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You hereby submit to the jurisdiction of the courts of the Commonwealth of Massachusetts and the federal courts of the United States of America located in such state for purposes of any action relating to the interpretation or enforcement of the provisions of these Terms of Use, and agree that any legal proceedings arising under or pursuant to these Terms of Use or your use of the Site shall be conducted in such state.

Communications.
If you have any comments or questions about the Site, these Terms of Use or our Privacy Policy, please correspond with legal@abroad101.com or write:

Abroad101.com
The Westonian Group, Inc.
147 North Avenue
Weston, MA 02493

© 2008 The Westonian Group, Inc. All rights reserved. Company reserves the right to make changes in specifications and other information contained in this document without prior notice. The reader should in all cases consult Company to determine whether any such changes have been made. Revised 3-29-2008.