Terms and Conditions of Use
Effective September 4, 2019
Marist Institute for Public Opinion (“Us”, “We” or “Our”) welcomes you (“You” or “Your”) to Our website(s) (collectively, the “Site”). You will find below the terms and conditions which You must accept before (and while) You use the Site.
1. Acceptance of Terms
We provide the Site to You, subject to the following terms and conditions (“Terms”) which may be updated by Us from time to time without notice to You. The most current version of the Terms may be found at http://maristpoll.marist.edu/terms-of-use/. Additionally, You will be subject to additional terms and conditions, including, but not limited to the terms and conditions which relate to other services We may offer to You from time to time (“Other Policies”).
2. Description of the Site
We provide the Site to provide information relating to the products and services we offer. We will host the Site and may update the content, functionality, and interfaces of the Site from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site will be subject to these Terms and such Other Policies that accompany the new features.
3. Your Rights to Use the Site
You acknowledge and agree that the Site contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to the Terms, We grant to You a non-exclusive, non-transferable and terminable license to use the Site. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Site or any part thereof or likewise attempt to discover any source code, modify the Site in any manner or form, or use unauthorized modified versions of the Site, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Site to any third party or permitting any Person other than You to use the Site.
All graphics, Content, data and layout on this site are the property of Marist College and the Marist College Institute for Public Opinion, or Marist College or the Marist Institute for Public Opinion has been granted the use of certain copyrighted material from a third party. All rights are reserved. No materials contained on this Site may be reproduced, retransmitted, or used in any manner other than as provided to you on the Site unless prior written permission has been issued by Us. All such materials are copyrighted by Us (or Our licensors). Permission to reproduce, redistribute and/or refer to Our materials is granted on the condition that all such use gives proper attribution to Us. No email address, phone/fax numbers or mailing addresses listed on this site may be used for unsolicited bulk marketing purposes. Certain materials may be made available to you for download. Such materials may contain additional terms which You must adhere to regarding their use. To the extent applicable, You agree that your use of such materials will comply with the “Principles of Disclosure of the National Council on Public Polls.”
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials (“Content”) that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Site (collectively, “Your Content”) is Your responsibility and not Our responsibility. We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Site; however, We reserve the right to remove, edit, or alter in any manner any Content available via the Site at any time in our sole discretion. Circumstances under which We may remove, edit, or alter Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Site, any time we deem Content to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, completeness, timeliness, integrity, suitability or the usefulness of Your Content and will not be liable for any errors, omissions, or delays in this information or any losses, injuries or damages arising from its display or use. You understand and agree that You relinquish all right, title, and interest in all Content posted by You on the Site and such will be considered to be in the public domain. The views, opinions and positions expressed in the Content by the authors and those providing comments on this website are theirs alone, and do not necessarily reflect the views, opinions or positions of the Marist Institute for Public Opinion or any employee thereof.
5. Content and Obligations
You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Site at any time without notice to You and that We will not be liable to You or to any third party for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Site; (b) comply with legal process; or (c) address claims from third parties that Your Content violates their rights.
You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate Your use of the Site or any portion thereof.
You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information except as otherwise provided herein. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times, We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a third party who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same if not otherwise provided by law.
You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Site to those persons to whom You have authorized Us in writing to disclose such data; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Site (the “Electronic Transmissions”) to those persons to whom You have authorized Us in writing to disclose such data.
6. Access and Security
You are responsible for: (a) the security of the Site We provide to You, including, but not limited to Your access, and You are responsible for all activities that occur under the Site; (b) any act or omission by You relating to access to and use of the Site; and (c) implementing security and other policies and procedures necessary to limit access to the Site, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by Us or created as part of the Site. You agree to immediately notify Us of any attempted or actual unauthorized access or use of the Site and/or any other breaches of security. You acknowledge and agree that We will not be liable, directly or indirectly, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Site. You expressly consent to Our interception and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.
7. Site Termination
You may cancel Your use of the Site at any time by providing notice to Us at TheMaristPoll@marist.edu. You understand and agree that We may immediately terminate Your right to use the Site without notice to You under certain circumstances, including, but not limited to:
- breaches of the Terms or Other Policies;
- requests by law enforcement, government agencies or court order;
- security and technical issues or problems;
- non-payment of any fees owed by You; or
- extended periods of inactivity.
If We terminate Your right to use the Site, You understand and agree that We may delete all of Your Content (and any Content associated with You) and that We will not be liable to You or any third party for any termination of Your right to use the Site or for the deletion of Your Content. Upon termination, We will have no further obligation to grant You any access to or use of the Site.
8. Links and Dealings with Outside Parties
We have no control over any links or other resources available to You via the Site and Your interaction with any third parties via the Site are solely between You and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
9. Representations and Warranties
You represent and warrant that:
a. all of the information You provide to Us is correct;
b. You have all necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement;
c. You own or otherwise have the right to use, post, and disclose Your Content on the Site and that the use of such Content will not infringe or violate any of the rights of any third party pursuant to applicable laws (and hereby grant to Us the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed);
d. You will not harass or cause distress or inconvenience to any person via the transmission of obscene or offensive Content;
e. You will not disrupt the normal flow of any access to, or use of, the Site;
f. You agree to comply with all local rules regarding online conduct and acceptable Content; and
g. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE TIMELY AND SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; AND
b. ANY MATERIALS OBTAINED VIA THE SITE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SITE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SITE EXCEEDING THE AMOUNTS PAID BY YOU FOR USE OF THE SITE (ALL DAMAGES RELATING TO PRODUCTS, SOFTWARE, OR SERVICES OFFERED TO YOU THROUGH THE SITE OR SUBJECT TO A SEPARATE AGREEMENT SHALL BE GOVERNED BY THIS AGREEMENT OR THEIR OWN TERMS AND CONDITIONS APPLICABLE TO SUCH IF SEPARATELY PROVIDED WITH THE PRODUCTS, SOFTWARE, OR SERVICES).
12. EXCLUSIONS AND LIMITATIONS
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 SET FORTH IN SECTIONS 10 AND 11 ABOVE MAY NOT APPLY TO YOU.
TO the EXTENT AUTHORIZED BY LAW, You agree to indemnify, defend and hold Us, OUR employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of:
a. your violation of these TERMS AND CONDITIONS,
b. your use of the SITE OR ANY SERVICES OFFERED BY US, and/or
c. the Content you make available on the SITE OR any of the Services, from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
The obligations under this clause will survive termination of these Terms and Conditions.
14. Copyright Dispute Policy
We are dedicated to operating in accordance with the U.S. Copyright Law and ask You to comply as well. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on Web pages hosted by that Internet service provider.
If We receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA (discussed below), We may remove or prohibit access to such materials. However, You may submit to Us a counter-notice if you believe such notice of suspected copyright infringement was mistakenly filed.
We advise You to seek legal counsel if: (i) You believe Your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against You. We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) We incur arising out of or related to any alleged or actual infringement involving You.
We reserve the right to terminate Your account or remove any content if We, in our sole discretion, believe the DMCA notification meets the criteria listed below.
Notification of Claimed Copyright Infringement
If You believe Your copyrights have been infringed because of material appearing on a web page We host, you must file Your claim of infringement with Our designated agent via mail at the address below.
By Mail: Marist College, 3399 North Road, Poughkeepsie, NY 12601.
Alternatively, You may email Us with Your complaint of claimed infringement. By Email: TheMaristPoll@marist.edu.
You must provide the following information in your written complaint to us in order for it to be valid under the DMCA:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Elements 1-6 above are taken directly from 17 U.S.C. 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification. Please note: Misrepresentations and false accusations of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
Counter-notification response to Claims of Copyright Infringement
You may file a counter-notification with Our designated agent. All such responses must be submitted to the address listed above in this section and must contain the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Elements 1-4 above are taken directly from 17 U.S.C. 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid notification. Please note: Misrepresentations and false responses to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees. As provided by the DMCA, after receipt of a valid counter-notification, We may restore or re-enable access to removed material.
Please contact us at any of the above addresses to report any other actual or potential violation of the Terms.
15. GENERAL INFORMATION
a. This constitutes the entire agreement between Us and You and governs Your use of the Site and supersedes any prior agreements between Us and You with respect to the Site.
b. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.
c. The Terms and Other Policies will be governed by and construed in accordance with the laws of New York, without effect to its conflict of laws provisions. Any claims or legal proceeding arising out of or related to the Site will be brought solely in the state and federal courts located in Dutchess County, New York, and You hereby consent to the jurisdiction of such courts.
d. Our failure to exercise or enforce any right or provision of the Terms or Other Policies shall not constitute a waiver of the right or provision. If any provision of the Terms or Other Policies is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.
e. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.