Terms of Service (“TOS”)

Introduction

These terms and conditions govern your use of this website www.postgradu.com (“PGU”); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least eighteen (18) years of age to use this website. By using this website and by agreeing to these terms and conditions. You warrant and represent that you are at least eighteen (18) years of age.

License and Acceptable Use

Unless otherwise stated, PGU and/or its licensors or partners own the intellectual property rights in the website and in all material on the website. PGU and/or its licensors or partners reserve all copyrights and intellectual property rights to the materials contained on the website.

You may view, print, and use content from this website for your own personal use or [for business use as agreed to between PGU and your employer if applicable whereby an agreement between PGU and your employer must be in place], subject to the restrictions contained herein these terms and conditions.

Unless otherwise granted to you though the express written approval of PGU [or through an agreement between your employer and PGU], as an individual end user, you may not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Reverse engineer or create derivative works from material, methods, and technology from this website;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose and/or personal financial gain;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

As part of the terms and conditions for use, you agree to the following:

  • You will not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, immoral, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, immoral, fraudulent or harmful purpose or activity.
  • You will not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, malware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits and/or other malicious computer software and methods.
  • You will not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without PGU’s express written consent.
  • You will not use this website to transmit or send unsolicited commercial communications.
  • You will not use this website for any purposes related to marketing without PGU’s express written consent.
  •  You will not use the website in any manner other than for its intended uses and as outlined herein. 

Access Restrictions

Access to certain areas of this website are restricted.  PGU reserves the right to restrict access to certain areas of this website, or indeed this entire website, at PGUs discretion or should any terms of this agreement be violated by you. If PGU provides you with a user ID and password to enable you to access restricted areas of this website or other features, content or services, you must ensure that the user ID and password are kept confidential.   PGU may disable your user ID and password in PGU’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material including without limitation text, images, audio material, video material and audio-visual material that you have submitted to this website, specific to use of this website that are in accordance with the terms of use.

You grant to PGU a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to PGU the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and/or must not be capable of giving rise to legal action whether against you or PGU and/or its licensors or partners or a third party, in each case under any applicable law.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

PGU reserves the right to edit or remove any material submitted to this website, or stored on PGU servers, or hosted or published upon this website.

Warranty

This website is provided “as is” without any representations or warranties, express or implied.  PGU makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, PGU does not warrant that:

  • This website will be consistently available, or available at all; or
  • The information on this this website is complete, true, or fully accurate

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Liability

PGU will not be liable to you whether under the law of contract, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any personal or business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit PGU’s liability in respect of any:

  • Death or personal injury caused by PGU’s gross negligence;
  • Malicious and deliberate fraud on the part of PGU or
  • Matter which it would be illegal or unlawful for PGU to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Use Rights

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

You accept that, as a limited liability entity, PGU has an interest in limiting the personal liability of its officers, employees, partners, associates and other affiliated third parties.  You agree that you will not bring any claim personally against PGU officers, employees, partners, associates and other affiliated third parties in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph you agree that the limitations of warranties and liability set out in this website disclaimer will protect PGU officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PGU.

Unenforceable provisions

If any provision of this TOS is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this TOS.

Indemnification

You hereby indemnify PGU and undertake to keep PGU indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by PGU to a third party in settlement of a claim or dispute on the advice of PGU’s legal advisers incurred or suffered by PGU arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Termination for Breach

Without prejudice to PGU’s other rights under these terms and conditions, if you breach these terms and conditions in any way, PGU may take such action as PGU deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.

TOS Updates

PGU may revise this TOS or these terms and conditions from time-to-time at its sole discretion or as required by law.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

PGU may transfer, sub-contract or otherwise deal with PGU’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions of this TOS, together with PGU Privacy Policy constitute the entire agreement between you and PGU in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Governing Law

These terms and conditions of this TOS will be governed by and construed in accordance with the State of Maryland, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montgomery County in the State of Maryland.

PGU TOS – v1.3 – Winter 2015/16 – © Bounce Back Consulting LLC. – All Rights Reserved