TERMS OF USE & PRIVACY POLICY

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY (THE “TERMS/PRIVACY POLICY”) CAREFULLY.  BY ACCESSING OR USING THE NSU SPACES WEBSITE OR ANY OTHER WEBSITES OF NOVA SOUTHEASTERN UNIVERSITY, INC. (“NSU”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE “SERVICES”) (TOGETHER THE WEBSITE AND SERVICES ARE THE “NSU PROPERTIES”) BY NSU OR USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, THE NSU PRIVACY POLICY, AND THE GDPR PRIVACY NOTICE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY NSU IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, NSU will make a new copy of the Terms available at the Website.  We will also update the “Last Updated” date at the top of the Terms.  Any changes to the Terms will be effective immediately for all Users of the NSU Properties.  NSU may require you to provide consent to the updated Terms in a specified manner before further use of the NSU Properties is permitted.  If you do not agree to any change(s) whether posted on the Website or to which you will be required to provide consent, you shall stop using the NSU Properties.  Otherwise, your continued use of the NSU Properties constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. PURPOSE. The use of the information technology resources of NSU is a privilege extended to the NSU community.  As Users of this Website and Services, you have access to valuable University resources.  It is important for you to behave in a responsible, ethical and legal manner.  Acceptable use of these resources means respecting the rights of other Users, the integrity and use of the physical facilities provided through the NSU Properties and all pertinent licenses and contractual agreements.  If a User is found to have violated these Terms, NSU has the authority to take disciplinary action, including restriction and possible loss of NSU Properties privileges.  All Users must also comply with applicable sections of the NSU Student Handbook and the NSU Facilities Policy when in use of the NSU Properties. Users are also subject to local, state and federal law governing their use of the NSU Properties.
2. SCOPE. The NSU Properties are intended only for current students who have a valid and current NSU Username and Password.  You must be at least 13 years of age to use the NSU Properties and by your use of the NSU Properties you warrant and represent to us that you are over the age of 13.
3. USE OF THE NSU PROPERTIES.  Use of NSU Properties and the information and content made available (“CONTENT”) by NSU are protected by copyright laws throughout the world.  Subject to the Terms, NSU grants you a limited license to view the Website and to use the Services to view and reserve NSU facilities specified on the Website in accordance with these Terms.

The NSU Properties provide the ability to view the availability of study rooms and to reserve those study rooms in different NSU facilities on-campus for group study and group meeting purposes, when available.  NSU may deny applications for reservations for any reason, in its sole discretion. 

You acknowledge that NSU has no obligation to guarantee access or availability of the study rooms specified on the Website. NSU reserves the right to cancel, prohibit, or modify any reservations made on NSU Properties.

You agree that by utilizing NSU Properties, you hereby expressly permit NSU, and its agents, to identify you by your username as the reservation holder of the specified room reserved on NSU Properties.

You are solely responsible for your interactions with other Users of the NSU Properties and any other parties with whom you interact through the NSU Properties; provided, however, that NSU reserves the right, but has no obligation, to intercede in disputes among Users.  You agree that NSU will not be responsible for any liabilities incurred as the result of such interaction.

As a condition of use, you agree not to use NSU Properties for any purpose that is prohibited by the Terms or by applicable law.  Do not attempt or engage in, any potentially harmful acts that are directed against the of the NSU Properties, including but not limited to violating or attempting to violate any security features of the of the NSU Properties, introducing viruses, worms, or similar harmful code into the of the NSU Properties, or interfering or attempting to interfere with use of the of the NSU Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the of the NSU Properties.  NSU reserves the right to delete any reservation on the NSU Properties for any reason, in NSU’s sole discretion.  If you believe that someone has violated this code of conduct, contact wpadmin@nova.edu with your concerns.

4. RESTRICTIONS OF USE. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the NSU Properties, (b) you shall not use framing techniques to enclose any trademark, logo, or other NSU Properties; (c) you shall not use any metatags or other “hidden text” using Instructure’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the NSU Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the NSU Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the NSU Properties. Any future release, update or other addition to the NSU Properties shall be subject to the Terms.  NSU, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of the NSU Properties terminates the licenses granted by NSU pursuant to the Terms.
5. FEEDBACK. You agree that submission of any ideas, suggestions, documents, and/or proposals to NSU through its suggestion, feedback, wiki, forum or similar pages (“FEEDBACK”) is at your own risk and that NSU has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to NSU a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and Services.
6. INVESTIGATIONS. NSU may, but is not obligated to, monitor or review the NSU Properties and Content at any time.  Without limiting the foregoing, NSU shall have the right, in its sole discretion, to remove any of Your reservations for any reason (or no reason), including if any use of the NSU Properties violates the Terms or any applicable law.  Although NSU does not generally monitor user activity occurring in connection with the NSU Properties, if NSU becomes aware of any possible violations by you of any provision of the Terms, NSU reserves the right to investigate such violations, and at its sole discretion, terminate your license to use the NSU Properties, or change, alter or remove Your Content, in whole or in part.
7. THIRD-PARTY WEBSITES AND SOFTWARE. NSU may use third party software to help NSU understand how you use the Website and Webpage.  The NSU Properties may also contain links to third-party websites (“THIRD-PARTY WEBSITES”).  When you click on a link to a Third-Party Website, we will not warn you that you have left the NSU Website and Services and are subject to separate terms and conditions or privacy policies.  Such Third-Party Websites are not under the control of NSU and NSU is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services.  You use all links in Third-Party Websites at your own risk.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
8. INDEMNIFICATION. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NSU, its, officers, trustees, employees, partners, licensors and agents (collectively the “NSU PARTIES”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.  This defense and indemnification obligation will survive these Terms of Service, your Account and your use of the Service.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE NSU PROPERTIES IS AT YOUR SOLE RISK, AND THE NSU PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  NSU PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NSU PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE NSU PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE NSU PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NSU PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE NSU PROPERTIES WILL BE CORRECTED.  ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE NSU PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE NSU PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.  THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  NSU MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE NSU PROPERTIES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NSU OR THROUGH THE NSU PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY.

10.1 DISCLAIMER OF CERTAIN DAMAGES.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NSU PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE NSU PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE NSU PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE NSU PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE NSU PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON NSU PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE NSU PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

10.2 CAP ON LIABILITY.  UNDER NO CIRCUMSTANCES WILL NSU PARTIES BE LIABLE TO YOU FOR MORE THAN THE ANY AMOUNTS RECEIVED BY NSU AS A RESULT OF YOUR USE OF THE NSU PROPERTIES IN THE 12 MONTHS PRECEDING YOUR CLAIM.  IF YOU HAVE NOT PAID NSU ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, NSU’S SOLE AND EXCLUSIVE LIABILITY SHALL BE TEN DOLLARS ($10).

10.3 USER CONTENT.  NSU PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

10.4 NO LIABILITY FOR CONDUCT OF THIRD PARTIES OR OTHER USERS.  YOU ACKNOWLEDGE AND AGREE THAT NSU PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NSU PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE NSU PROPERTIES.  YOU UNDERSTAND THAT NSU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE NSU PROPERTIES.

10.5 BASIS OF THE BARGAIN.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NSU AND YOU.

11. TERM AND TERMINATION.

11.1 The Terms commence on the date when you accept them and remain in full force and effect while you use the NSU Properties, unless terminated earlier in accordance with the Terms.

11.2 TERMINATION OF SERVICES BY INSTRUCTURE.  If you have breached any provision of the Terms, or if NSU is required to do so by law (e.g., where the provision of the NSU Properties is, or becomes, unlawful), NSU has the right to suspend or terminate any or all of Your reservations.  You agree that all terminations for cause shall be made in NSU’s sole discretion and that NSU shall not be liable to you or any third-party for any termination of your Account.  Termination of any and all NSU Properties includes removal of access to the NSU Properties and barring of further use of the NSU Properties. Termination of all Services also may include deletion of all related information, files and Content associated with or inside your Account (or any part thereof).  Upon termination of any Service, your right to use such Service will automatically terminate immediately.  NSU shall not have any liability whatsoever to you for any suspension or termination, including for deletion of Your reservations.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12. GENERAL PROVISIONS.

12.1 ELECTRONIC COMMUNICATIONS.  Communications between you and NSU use electronic means, whether you visit the NSU Properties or send NSU e-mails, or whether NSU posts notices on the NSU Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from NSU in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NSU provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect any statutory rights you may have.

12.2 ABILITY TO ACCEPT TERMS OF SERVICE. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.  You affirm that you are over the age of 13, anyone 13 or under is prohibited from using this Website, as the Service is not intended for children under 13.

12.3 RELEASE.  You hereby release NSU Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the NSU Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12.4 ASSIGNMENT.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NSU’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  NSU may assign its rights and obligations under these Terms to a third party without your consent.

12.5 FORCE MAJEURE.  NSU shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12.6 GOVERNING LAW; JURISDICTION.  Unless otherwise required by applicable law, the Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, without giving effect to any conflicts of law principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms.  Any claim, dispute, or action arising, directly or indirectly, to the Terms shall be litigated in the state or federal courts located in Broward County, Florida and the parties hereto agree to submit to the personal jurisdiction of such courts.

12.7 NOTICE.  Where NSU requires that you provide an e-mail address to access certain features of the NSU Properties, you are responsible for providing NSU with your most current e-mail address.  In the event that the last e-mail address you provided to Instructure is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, NSU’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to NSU at the following address: Attn: Thomas F. Panza, Esq., Panza Maurer Maynard, P.A., 2400 East Commercial Boulevard, Suite 905, Fort Lauderdale, Florida 33308, (954) 390-0100.  Such notice shall be deemed given when received by NSU by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

12.8 WAIVER.  Any waiver or failure by NSU to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.9 SEVERABILITY.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.10 ENTIRE AGREEMENT.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.