Terms & Services
Last Revised: May 14, 2021
ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a binding arbitration agreement and class action and jury trial waiver clauses. Except where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
The Network is solely intended to be used by active members of the University community (i.e., current students, faculty and staff) to post information regarding their need for or availability to provide sitter and tutor services to other active members of the University community. The Network is not intended for use by anyone under the age of eighteen (18). You must be at least eighteen (18) to access and use the Network. In order to access the Network, you will need to login to Northwestern’s IT network with your Northwestern NetID login credentials. You agree not to provide any other person with access to the Network or portions of it using your Northwestern NetID login credentials.
We respect the privacy of your personal information. Information about our security and privacy practices can be found on our Privacy Statement available at https://sitters-tutors.northwestern.edu/privacy (the “Privacy Statement”).
BY ACCESSING OR USING THE NETWORK, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY STATEMENT. THE PRIVACY STATEMENT IS INCORPORATED INTO AND DEEMED A PART OF THESE TERMS. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS TO THESE TERMS ALSO APPLY TO CHANGES AND REVISIONS TO THE PRIVACY STATEMENT.
Third Party Terms and Conditions; Northwestern Policies
In addition to these Terms, your use of the Network may be governed by other agreements, policies, and terms, including Northwestern’s policies, and the terms of any site from which you linked to or accessed the Network. These Terms supplement and incorporate such additional terms and conditions, and Northwestern policies.
Proprietary Rights and Your Use of the Network
Unless otherwise specified in these Terms, all information and screens appearing on the Network are the sole property of Northwestern or our subsidiaries and affiliates, and other parties. Northwestern provides content through the Network that is copyrighted and/or trademarked work of Northwestern or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, application design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.
Subject to these Terms, Northwestern hereby grants you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Network solely for its intended use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Network or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Network or Materials in any manner or for any purpose that would constitute infringement of the University’s, the University’s licensors’, or the Network’s other users’ intellectual property rights. All rights not expressly granted herein are reserved.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
By accessing or using the Network, you acknowledge, agree, and confirm that:
- Your use of the Network is subject to and governed by these Terms;
- You will use the Network solely for its intended functionality;
- You will always act in accordance with the law, custom, and in good faith;
- You will provide accurate, truthful, and current information when using the Network;
- You are solely and fully liable and responsible for your use of the Network, and all content and features you access and/or use through the Network;
- Your use of the Network, including the Materials, is for your own personal use only and that you are not using the Network or Materials for or behalf of any other person or organization;
- You will comply with and be bound by these Terms as they appear on the Network each time you access and use the Network;
- You are at least eighteen (18) years old, and you are legally able to enter into a contract; and
- Each use of the Network by you indicates and confirms your agreement to be bound by these Terms; and
- These Terms are a legally binding agreement between you and us that will be enforceable against you.
You further agree not to use the Network in any way that:
- Changes or alters the Network, content or services that may appear on the Network;
- Impairs in any way the integrity or operation of the Network;
- Interferes with or induces a breach of the contractual relationships between us and our employees;
- Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
- Furthers any unlawful or criminal activity;
- Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications for or on behalf of any third party;
- Transmits any harmful or disabling computer codes or viruses;
- Harvests email addresses from the Network;
- Transmits unsolicited email to the Network or to anyone whose email address includes the domain name of the Network;
- Interferes with our network services;
- Attempts to gain unauthorized access to our network services;
- Suggests an express or implied affiliation or relationship with us without our express written permission;
- Impairs or limits our ability to operate the Network or any other person’s ability to access and use the Network;
- Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
- Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- Dilutes or depreciates our or any of our affiliates’ name and reputation;
- Transmits or uploads content that infringes upon any third party’s intellectual property rights or right to privacy; or
- Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
This list of prohibited activities provides examples and is not complete or exclusive. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. Northwestern further reserves the right to terminate or suspend user access to the Network immediately, without prior notice, for any reason, including, without limitation, if a user breaches these Terms. Upon such termination, a user’s ability to access the Network will cease immediately.
Reliance on Information Posted
The information posted on the Network is predominantly user-created and not controlled by Northwestern. Northwestern does not filter, edit, publish or review postings prior to their publication on the Network. Northwestern does not warrant the accuracy, completeness, or usefulness of user postings. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Network, or by anyone who may be informed of any of its contents. Postings do not reflect the views and opinions of Northwestern, its agents and/or affiliates. Northwestern reserves the right to monitor all postings and to remove any postings which, in its sole discretion, it deems inappropriate, offensive, or a breach of these Terms.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL NORTHWESTERN OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY, “RELEASEES”) BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE NETWORK, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE NETWORK, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NORTHWESTERN RECORDS, PROGRAMS, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO A USER. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.
IN NO EVENT WILL NORTHWESTERN BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE NETWORK, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE TO RELEASE, RELINQUISH, DISCHARGE FROM LIABILITY AND COVENANT NOT TO SUE RELEASEES FOR ANY CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION AND/OR LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, FOR PERSONAL INJURY, DISABILITY, DEATH, ILLNESS, OR DAMAGES OF ANY KIND, BREACH OF DATA PRIVACY OR DISCLOSURE OF PERSONAL OR OTHER PROTECTED INFORMATION.
You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Network, the Materials, or any related offline communications. Such acts may include but are not limited to providing content to or communicating with us or our Affiliates, unauthorized use of material obtained through the Network, engaging in a prohibited activity, or any other action that breaches these Terms.
Arbitration, Class-Action Waiver, and Jury Waiver
These Terms shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. ALL DISPUTES AND CLAIMS RELATING TO THESE TERMS NOT RESOLVED BETWEEN THE PARTIES SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION APPLYING ILLINOIS LAW AND ADMINISTERED BY THE INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION IN ACCORDANCE WITH ITS ARBITRATION RULES, UNLESS A DIFFERENT ARBITRATOR IS MUTUALLY AGREED UPON BY THE PARTIES. THE PLACE OF ANY SUCH ARBITRATION SHALL EXCLUSIVELY BE CHICAGO, IL.
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE NETWORK, THE INFORMATION OFFERED BY NORTHWESTERN ON OR THROUGH THE NETWORK AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE NETWORK, CONTENT, OR OTHER POSTED MATERIALS ON THE NETWORK IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE NETWORK, WE DO NOT IN ANY WAY PROMISE THAT IT WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF THE NETWORK AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
Governing Law and Venue; Assignment
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Cook County, Illinois, except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms.
Network Availability; Modifications, Termination, Interruption and Disruptions to the Network
WE CANNOT GUARANTEE THE NETWORK WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE PLATFORM REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE NETWORK ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Network, any part of the Network or the use of the Network, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
Changes to these Terms
You agree that we may change, update, add, or remove provisions of these Terms at any time by electronic means. Unless otherwise specified by us, all modifications to these Terms shall be effective upon posting. Therefore, you are encouraged to check these Terms frequently. The last update date of these Terms is posted at the top of these Terms. By using the Network after such changes become effective, you agree to be bound by such changes to these Terms. If you do not agree to the changes, you must immediately terminate access to and use of the Network.
If you have any questions or comments about these Terms or the Network, please call us at 847-491-4700.