These Terms affect your legal rights, responsibilities and obligations, and govern your use of the Website. They are legally binding, limit CSWE’s liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Website and uninstall any Website downloads and/or applications.
In some instances, additional or different terms and/or conditions may apply to your use of the Website or to a service or product offered via the Website (in each such instance, and collectively “Additional Terms”). Such additional terms might be, for example, posted at the entrance to an online forum. If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Website.
Updates and Modifications to Terms
These Terms are subject to change without notice. When such a change is made, we will update the “Effective Date” at the top of this page. Your use of the Website following any such change constitutes your agreement to follow and be bound by updated Terms.
1. Your Use of the Website
A. Creating an Account on the Website. In certain cases, CSWE provides you with the ability to create an account on the Website. When you create an online account with CSWE, and each time you log in to the Website thereafter, you agree:
- You will provide and keep accurate and complete information about yourself, to the extent required for use of CSWE’s services and/or by applicable law;
- You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
- Any username, password, or other credentials are personal and unique to you, and do not violate the rights of any person or entity;
- You will abide by the use restrictions set out in these Terms;
- You are the subject of the account and are of the age of majority;
- You are solely responsible for maintaining the confidentiality of your Website access credentials and you will not share your credentials with any third party;
- You will immediately notify us here if your credentials are compromised or of any unauthorized use of your account;
- You will not sell, transfer, or assign your account or any account privileges; and
- We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
C. Website Content Accuracy. CSWE will use reasonable efforts to include accurate and current information on the Website, but there may be occasions when information on the Website contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. CSWE reserves the right to correct any errors and to update Website information at any time. We apologize for any inconvenience such errors may cause you.
D. Limited License. Subject to your strict compliance with these Terms, CSWE grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content and may be immediately suspended or terminated for any reason, in CSWE sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
E. Reservation of All Rights. All rights not expressly granted to you are reserved by CSWE and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Website for any purpose is prohibited.
A. User Generated Content and Submissions. You may be able to submit certain content through the Website, including comments and submissions to various online forums, email lists, or message boards (“Submissions”). You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof (submitted on or via the Website, or by means other than the Website, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
Each time you submit any Submission, you represent and warrant that you have confirmed the accuracy of the Submission and that:
- You are at least the age of majority in the jurisdiction in which you reside;
- You are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant CSWE such rights therein;
- The Submission does not and, as to CSWE’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party;
- The Submission will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person;
- You are not impersonating any other person, user, or company; and
- You will not submit Submissions that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresent your identity or affiliation with a person or company.
B. Copyright Infringement and DMCA Policy. CSWE asks users of our Website to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, CSWE may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, CSWE enforces a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or the owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that must include all of the following information:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”;
- A clear description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A clear description of the material that you claim is infringing or is the subject of infringing activity, and information that will allow us to locate the material (please include a screenshot of the location of the infringing material and/or the full URL of the page(s) on the Website on which the material appears);
- Your full name, address, telephone number, and email address;
- A statement by you that you have 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;
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- Your electronic or physical signature.
Eddie Y. Wong
Council on Social Work Education
333 John Carlyle Street, Suite 400
Alexandria, VA 22314
By Facsmile: +1.703.683.8099
By Email: [email protected]
3. Restrictions and Prohibited Uses
You agree that, except as otherwise authorized, you will not:
Website Use Restrictions
- Use the Website for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
- Use any meta tags or any other “hidden text” utilizing any CSWE-owned intellectual property;
- Engage in any activities through or in connection with the Website that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to CSWE;
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Website by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Website;
- Engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, CSWE, or other users of the Website;
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Website or the Content;
- Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Website, without the express consent of such users);
- Attempt to gain unauthorized access to the Website, or other computer systems or networks connected to the Website;
- Use the Website to transmit information that is in any way false, fraudulent, or misleading; or
- Otherwise violate these Terms.
- Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- Frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
- Remove any copyright and other intellectual property notices contained in such Content;
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of CSWE; or
- Insert any code or product to manipulate such Content in any way that adversely affects the Website.
4. Third-Party Interactions
A. Third-Party Content and Services.
The Website may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by CSWE. This may include the ability to post content on third-party websites and services using their plug-ins made available on our Website. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Website are solely between you and the third party.
By using the Website, you acknowledge and agree that CSWE is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify CSWE against all claims, injury, and/or damages arising out of your use of any third-party service.
B. Business Transactions. We reserve the right to transfer any information we obtain through the Website in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
5. Notices, Questions and Customer Service
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Council on Social Work Education, 1701 Duke Street, Suite 200, Alexandria, VA 22314, (Attention: Eddie Y. Wong, IT Director). If you have a question regarding the Service, you may contact CSWE Customer Support by sending an email to [email protected]. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL CSWE, OR ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “CSWE”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (G) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SITE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CSWE’s TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID CSWE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY CSWE OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY CSWE TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) CSWE’S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY CSWE TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST CSWE THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, CSWE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE WEBSITE OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND CSWE OTHER THAN PURSUANT TO THESE TERMS.
As permitted by applicable law, you agree to defend, indemnify, and hold harmless CSWE from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Website; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. CSWE reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of CSWE and you agree to cooperate with our defense of any such claim.
9. Dispute Resolution
A. Forum Selection. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Alexandria, Virginia. Each party submits to personal jurisdiction and venue in Alexandria, Virginia for any and all purposes.
You may begin an arbitration proceeding by sending a letter requesting arbitration to:
Council on Social Work Education
333 John Carlyle Street, Suite 400
Alexandria, VA 22314
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. CSWE will reimburse those fees for claims totaling less than $10,000. CSWE waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement shall survive the termination of this Agreement or your use of the Website. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
C. Small Claims Court. In lieu of arbitration, either you or CSWE may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
D. Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND DILLARD’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Complete Agreement and Severability
Unless otherwise specified, these Terms constitute the entire agreement between you and CSWE. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of CSWE to act with respect to a breach by you or others does not waive CSWE right to act with respect to subsequent or similar breaches. CSWE failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Investigations; Cooperation with Law Enforcement
CSWE may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
12. Complete Agreement; No Waiver
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Website and supersede any prior agreements, representations, warranties, assurances or discussion related to the Website. Nothing in the preceding sentence shall limit or exclude any liability for fraud or fraudulent misrepresentation. Except as expressly set forth in these Terms, (i) no failure or delay by you or CSWE in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
13. California Consumer Rights and Notices
14. International Issues
CSWE controls and operates the Website from its U.S.-based offices. If you use the Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Website and/or the provision of any content, program, product, service, or other feature described or available on the Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
15. Contact Us
Any questions regarding these Terms may be directed to:
Council on Social Work Education
333 John Carlyle Street, Suite 400
Alexandria, VA 22314
email: [email protected]
© 2019 Council on Social Work Education. All Rights Reserved.