AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE (also referred to as (“Site” or “Sites”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE.
You are strictly prohibited from unauthorized use of our systems or this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Site.
You acknowledge that we may disclose and transfer any information that you provide through this Site to (i) any department within the Cal Poly Corporation (“Corporation”), its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Site during each session.
COPYRIGHT NOTICES. The works of authorship contained in this Site, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by the Cal Poly Corporation. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
SITE CONTENT. The information on the Site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on the Site.
The information and materials contained in the Site, and the terms and conditions of the access to and use of such information and materials are subject to change without notice.
Some of our other Sites or pages within this Site may contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
LIMITATION OF LIABILITY. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:
- ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE;
- DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
- DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
- WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO SITE USERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
ENFORCEABILITY AND GOVERNING LAW. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with the Cal Poly Corporation. The User’s access to and use of the Site, and the terms of this disclaimer are governed by the laws of the State of California.
Any action against the Cal Poly Corporation arising from or relating to your access to and use of the Site and the provisions of these Terms and Conditions must be brought by you in state or federal court located in the State of California, County of San Luis Obispo. You consent to the jurisdiction and venue of the state and federal courts located within the State of California, County of San Luis Obispo, for the adjudication of all claims by the Cal Poly Corporation against you arising from or relating to your access to and use of the Site and the provisions of these Terms and Conditions.
The Cal Poly Corporation respects your privacy and is committed to protecting it through compliance with this policy.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites.
PRIVACY PRINCIPLES. We follow the following principles in order to protect your privacy:
- We do not collect any more personal data about you than is necessary;
- We only use your personal data for the purposes we specify in this Policy, unless you agree otherwise;
- We do not keep your personal data if it is no longer needed; and
- Other than as we specify in this Policy, we do not share your personal data with third parties.
INFORMATION WE COLLECT AND HOW WE USE IT
- Personal Data. We may collect personal data from Users in a variety of ways, including, but not limited to when you visit or register to use our Sites. In some instances, we may ask you to provide us with specific information about you, such as your name, address, email address, telephone number or other pertinent information. If you elect to provide us with your personal information, we may use that information to provide you with our publications or to notify you of other information regarding the Corporation. If you provide us with your personal information, but later decide you no longer want us to send you any information about us, simply contact us at the address set forth in the “Feedback” section of the Site.We also collect any information you may provide to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
- Non Personal Data. As you navigate through and interact with our Site, we may automatically collect certain non-personal information about your equipment, browsing actions and patterns. Non-personal data may include your IP address, browser name, type of computer, the files viewed on the Sites, clickstream data, and technical information about your means of connection to the Sites, such as the operating system and the internet service providers utilized. To the extent that we link this non-personal data with your personal data, this Policy shall govern our use of such information.
- Mobile Applications. For your convenience, the Corporation offers you the ability to access our Site through mobile applications and mobile-optimized websites. When you interact with us through your mobile device, we collect information such as unique device identifiers, your screen resolution and other device settings, information about your location, and analytical information about how you use your mobile device. We typically ask your permission before collecting certain information such as precise geolocation information.
- Session cookies: These are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Site according to your individual interests.
- Improve search speeds.
- Recognize you when you return to our Site.
- Refusing Cookies on this Website. You can modify your cookie setting by following the instructions provided by your browser. These instructions are usually found in the “Tools,” “Help” or “Edit” tabs. If you set your browser to disable cookies, you may not be able to fully access and use our Sites.
- Removal. We take reasonable steps to ensure that the personal information we process is limited to what we require in connection with the purposes set out in this Policy; we will retain copies in a form we deem necessary in connection with the purposes set out in this Policy. In particular, we will retain personal information for as long as it is needed to establish, exercise or defend any legal rights.
HOW WE USE PERSONAL DATA. We may collect and use information that we collect about you, including personal data, for the following purposes:
- To present our Site and its contents to you. This may include allowing you to participate in interactive features on our Site. We may also notify you about changes to our Site or any products or services we offer or provide though it.
- To improve customer service. Information and feedback you provide helps us improve, respond, and support your needs more efficiently.
- To personalize your experience. We may use information in the aggregate to understand how our users as a group use the Site.
- To run a promotion, contest, survey, or other Site feature. With your consent, we will use your personal data and preferences to keep you informed by email, text, web or telephone about special offers, promotions, events, competitions and so on.
- As required by law. To send you communications required by law or which are necessary to inform you about changes to this Policy or the services we provide.
- To comply with our legal or contractual obligations to share data with law enforcement.
- To fulfill any other purpose for which you provide personal data. We may use your personal data for purposes that we make known to you at the time of collection of such information or otherwise upon your consent.
DATA SECURITY. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
DISCLOSURE OF YOUR PERSONAL DATA. We may disclose aggregated, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Policy:
- Affiliates. To our parents, affiliates, joint ventures, or promotion partners, for their use in a manner consistent with the purpose described in this Policy.
- Agents and Service Providers. To contractors, service providers, and other third parties we use to support our business, and who complete transactions or perform services on our behalf or for your benefit, and who are bound by contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose it to them.
- Legal Process. As required by law, such as to comply with a subpoena or other legal process, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- Consent. In additional ways upon your consent.
CONTACTING US. To ask questions or comment about this Policy and our privacy practices, contact us at the address set forth in the “Feedback” section of the Site.