Indian Hills Compass: Terms of Service

Terms of Service

Effective: 7/15/17
Last Updated: 7/15/17

 These Terms of Use are a legal agreement between Indian Hills Community College (“IHCC”) and you (“User” “you” “your”) and govern your access and use of the mobile application Indian Hills COMPASS (the “App”).  By downloading, installing, activating, or using the App, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you are not authorized to use the App. 

General Terms

You must be at least 13 years old to use the App.  For purposes of these Terms of Use, the words “you” “your” “User” or other like terms shall refer to the party agreeing to these Terms of Use and to any person or entity who uses your copy of the App.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and IHCC as a result of these Terms of Use or your use of the App. 

Changes to these Terms of Use

IHCC reserves the right to change these Terms of Use at any time for any reason.  It is your responsibility to ensure that you are aware of the current Terms of Use at all times when you use the App.  By continuing to use the App, you agree to the revised Terms of Use. 

Links to Third Party Sites

The App may contain links to other websites and mobile services (“Linked Sites”).  The Linked Sites are not under the control of IHCC and IHCC is not responsible for the contents or operation of any Linked Site.  IHCC is not responsible for either the quality or character of webcasting or any other form of transmission received from any Linked Site.  IHCC provides links to Linked Sites solely as a convenience, and accordingly your access or use of a Linked Site is at your sole risk.  The including of any link in the App does not imply endorsement by IHCC of the Linked Site or any associate with its owners or operators.  You should always read the privacy policy of a third-party website before providing any information to the website. 

Use of the App

As a condition of your use of the App, you warrant to IHCC that you will not use the App for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the App. 

The App may contain various mechanisms, including but not limited to SMS or text message, voice-over-IP, data syncing, and GPS positioning services (collectively “Communication Services”), designed to allow you to communicate with IHCC, other users of the App, or the public at large.  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the purpose of the App.  You agree to be obligated for and pay any costs and expenses incurred, including, but not limited to, response, police, fire, ambulance, physician, or other medical assistance, or cost whatsoever incurred as a result of your use of the App.  You shall be responsible for any taxes which IHCC may be required to pay or collect under any applicable law in connection with your use of the App.    

You agree that you shall NOT:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Locate another user through the App location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate an individual through the App location services;
  • Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or cellular device;
  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes, or chain letters;
  • Use the App for any purpose other than personal safety purposes. The App may not be sold, rented, or otherwise commercialized with third parties;
  • Register for more than one account or register for an account on behalf of an individual other than yourself or your child;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the App;
  • Harvest or otherwise collect information about others, including but not limited to e-mail addresses, without their consent;
  • Violate any applicable law or regulation;
  • Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the App;
  • Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the App;
  • Copy any ideas, features, functions or graphics included in or related to the App.

IHCC reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  IHCC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  IHCC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request 

IHCC has no obligation to monitor use of the App.  However, IHCC reserves the right to review the use of and/or materials posted by Users to the App and to remove any materials in its sole discretion at any time. 

DISCLAIMERS AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the App is provided on an “as is” and “as available” basis without warranty or condition of any kind, express or implied.  IHCC hereby disclaims all warranties and conditions with respect to the App, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and absence of errors, bugs, viruses, and/or mechanisms which may disable, damage, or interfere with computer systems, communications systems, or networks. 

IHCC takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers.  IHCC makes no representations or warranties as to the operability of the App with any network or servers.  You acknowledge that IHCC shall have no liability to you or any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the App to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the App. 

You acknowledge and recognize that IHCC does not control or endorse users of the App, including who is a user, and, therefore, IHCC specifically disclaims any liability with regard to the App and any actions resulting from your use of the App.

The App is intended to help with personal safety, but you should always use common sense and seek help when it is needed.  IHCC cannot and does not guarantee that any emergency personnel will respond.  IHCC makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the App for any purpose or the availability of any networks, communication line, or mobile phone or device necessary for use of the App. 

To the maximum extent permitted by law, IHCC and its parents, subsidiaries, affiliates, suppliers, officers, directors, employees, or agents (collectively “IHCC”), shall not be liable for any damages including punitive, incidental, special, and consequential damages arising from your use of the App whether based in contract, tort, negligence, strict liability, or otherwise.  IHCC disclaims any and all responsibility or liability arising from, connected to, or associated with, the content of any user submitted, posted, or transmitted through the App.

You agree that IHCC is not an insurer and no insurance coverage is offered herein.  IHCC does not guarantee that no losses will occur to User or others when using the App.  IHCC is not assuming liability and therefore shall not be liable to you for any injury or loss sustained by you as a result of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by IHCC’s negligent (including gross negligence) performance to any degree or failure to perform any obligation or strict products liability.  User releases IHCC from any claims for contribution, indemnity, or subrogation.  

If you are dissatisfied with any portion of the App, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the App.    

Indemnification

You agree to indemnify and defend IHCC from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (1) any information that you or anyone using your account submit, post, or transmit through the App; (2) the use of the App by you or anyone using your account; (3) violation of these Terms of Use by you or anyone using your account; (4) violation of the rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. 

Termination/Access Restriction

IHCC reserves the right to suspend or terminate your access to the App at any time without notice for any reason whatsoever. 

Copyright and Trademark Notices 

IHCC owns or licenses the content on the App, including software, text, visual and audio content, (collectively “Content”) and IHCC’s trademarks, logos, and brand elements (collectively “Marks”).  The Content and Marks are protected under U.S. and international laws.  The names of actual companies and products mentioned in the App may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.      

IHCC respects intellectual property rights, and will deny access to the App to anyone who, in IHCC’s discretion, infringes the intellectual property rights of others.  If you believe that a user of the App has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512, we request that you direct your concerns to our Designated Agent following the notice provisions set out in DMCA at the following address:  Student Services Office, Indian Hills Community College, 525 Grandview Avenue, Ottumwa, IA 52501, 641-683-5152.  You acknowledge and agree that upon receipt and notice of a claim of infringement, IHCC may immediately remove the identified materials from the App without liability.    

Privacy Policy

IHCC will not collect, maintain, use, or disclose any information about you in connection with your use of the App.  The User retains ownership of all information submitted, posted, or transmitted through the App. 

Miscellaneous 

These Terms of Use shall be governed by the laws of the State of Iowa without regard to its conflicts of laws principles.  You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Wapello County, Iowa in all disputes arising out of or relating to the use of the App or these Terms of Use and you hereby waive any right to claim that such courts constitute an inconvenient forum.  In the event of a dispute between User and IHCC arising out of or related to use of the App, User and Summit agree to negotiate in good faith towards the resolution of the dispute.  If the parties are not able to resolve the dispute through informal negotiations, the parties may mutually agree to mediation or legally binding arbitration.  User waives the right to a jury trial.  IHCC’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of IHCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by IHCC with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remained of the agreement shall continue in effect.  These Terms of Use constitute the entire agreement between you and IHCC with respect to use of the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and IHCC with respect to use of the App.