Website Terms and Conditions
(August 2024)
Information About Us
1.1 We are Marshall University Research Corporation, an organization located at One John Marshall Drive Huntington, WV 25755. You may contact us at any time by email at Tayassistance@marshall.edu or phone at 304-696-5080, or by mail at One Marshall Drive Huntington, WV 25755.
1.2 This webpage and app (together with the webpages and documents referred to in it) sets out the terms and conditions on which you may use this website as a guest or a registered user for educational purposes. Please read these Terms carefully before you start to use our sites. By using our sites, you accept these Terms and Conditions and agree to abide by them. If you do not agree to, or breach them, please refrain from using our site.
1.3 These Terms are a legal and binding contract made between you, the entity you represent, and Marshall University Research Corporation and the use of these services. You agree that by accessing the services, that you have read, understood, and agree to all the terms and conditions. IF YOU DO NOT AGREE TO ALL OF THE LEGAL TERMS AND CONDITIONS LISTED, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE AND APP SERVICES AND YOU MUST DISCONTINUE SERVICES IMMEDIATELY.
Accessing our sites
2.1 Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice. We shall not be liable if for any reason our sites are unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts, or the entirety of, our sites to users who have registered with us.
2.3 If you choose, or you are provided with, a username or user identification code, password or any other information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. We have the right to disable any username or user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms or the terms of any of our programs.
2.4 You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all people who access our sites through your internet connection are aware of these Terms, and that they comply with them.
2.5 We are committed to ensuring that our sites are accessible to the widest possible range of people. If you have any questions or suggestions regarding the accessibility of our sites, or if you have difficulty using any part of them, please contact us.
License of User Content
3.1 By providing us with User Content, you grant us a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable licence to use the User Content.
3.2 The License granted under these Terms includes the right for us (and our sub-licensees) to modify, reproduce, distribute, publicly perform, communicate, make available and display the User Content (including by reproducing and distributing the User Content (including as modified) in marketing and promotional media relating to us and/or our sites). We are under no obligation to use the User Content.
3.3 As between you and us, you irrevocably waive all moral rights (including under the Copyright, Designs and Patents Act 1988) in relation to the User Content. These Terms do not affect your ownership of any copyright (other than moral rights) in the User Content.
3.4 Marshall University Research Corporation is not responsible for other content created by the organization, its programs, or values other than what is included on the LevelUP website and APP.
Our intellectual property rights
4.1 Unless otherwise stated on our sites (including in these Terms), we are the owner or the licensee of all existing and future intellectual property rights (including trademarks, copyright, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect) in our sites (including the material published on it). All such rights are reserved.
4.2 You acknowledge and agree that you shall not make use of the Property without prior written consent from us. You shall neither acquire nor claim any right, title or interest in or in any of the content. You shall upon our request execute or procure to be executed any agreements or other instruments that may be required in order to assign any right, title or interest in any of the Property to us.
4.3 Please contact us if you would like to refer to our sites or any material on them. Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.
4.4 You must not use any part of the materials on our sites for commercial purposes without obtaining a license to do so from us or our licensors.
Our liability
5.1 The material on our website and application and the services provided via our sites are not intended to be advice and you should not rely on them. That material and our sites are provided without any guarantees, representations or warranties as to their accuracy or freedom from harmful material. To the extent permitted by law, we hereby expressly exclude:
(a) all conditions, representations, warranties and other terms that might otherwise be included, whether express or implied; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or the use, inability to use, or results of the use of our sites (including reliance on any content displayed on our sites), any websites linked to our sites and any materials posted on our sites, including, in each case, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipate savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence and negligent misrepresentation), breach of contract or otherwise.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation.
Indemnity
6.1 You indemnify us against each and any loss, liability and cost (including reasonable legal expenses) that we may suffer or incur as a result of or in connection with any claim against us those results (in whole or in part) from a breach by you of your obligations under these Terms.
6.2 Information about you and your visits to our sites will be collected to satisfy grant obligations.
6.3 We process information about you which is held confidential in files for services and programming. Other data are deidentified when submitted for grant purposes and by using our site you consent to that process and you warrant that all data provided by you is accurate.
6.4 We may also obtain information about your use of our sites and general internet usage by using a cookie file which is stored on the hard drive of your computer. Further details on how our sites use cookies are set out in our Data Protection and Privacy Policy.
Viruses, hacking and other offences
7.1 You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our sites, the server on which our sites are stored, or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. We may co-operate with law enforcement authorities in relation to any such misuse, including by disclosing your identity to them.
7.2 We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our sites. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
Safeguarding
8.1 We are not responsible for performing any checks or validations required to ensure the safeguarding of children or vulnerable adults. However, we reserve the right to restrict access to our sites or any program run by us, and/or to refer information to the appropriate authorities, if we suspect that a user who has registered with us has harmed or poses a risk of harm to children or vulnerable adults.
Linking to our sites
9.1 We invite you to link to our home pages, provided you do so in a way that is, in our opinion, fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9.2 We reserve the right to withdraw linking permission without notice. The websites to which you are linking must comply in all respects with the representations and warranties above relating to User Content (as if that website and its contents were User Content).
9.3 You must not establish a link from any websites that are not owned by you. Our sites must not be framed on any other sites, nor may you create a link to any part of our sites other than the home page. If you wish to make any use of material on our sites other than as set out above, please contact Tayassistance@marshall.edu.
Links from our sites
10.1 Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Variations of Terms and Conditions
11.1 We may revise these Terms and Conditions at any time by amending these pages. Please check back from time to time to take notice of any changes we have made, as they are binding for you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our sites.