Welcome to the WVU MIX (Mountaineer Information Xpress) system! We hope that you will enjoy the content and services provided through the system, and we appreciate your feedback on how we can improve the system. For the enjoyment and protection of all WVU MIX members, we have prepared the following WVU MIX Terms of Service Agreement. By using the WVU MIX system, you agree to be bound by these Terms of Service (TOS), so please read them carefully.
This agreement includes the following sections:
- Description of the System
- User's Responsibilities
- Member Conduct Guidelines
- Privacy Policy
- WVU MIX and Children
- User's Account and Password
- Financial and Investment Advice
- WVU MIX's Intellectual Property
Description of the System
WVU MIX currently provides users with access to a full set of online content and applications, including various communications tools, and personalized content. Unless explicitly stated otherwise, any new applications and features that enhance the current system will be subject to this Terms of Service.
User's Responsibilities
As a user of the WVU MIX system, you acknowledge that you are using it at your sole risk. WVU MIX provides this site and its contents on an "as is" basis, and makes no claims or warranties of any kind with respect to the system or its contents. In addition, WVU MIX does not represent or warrant that the information or merchandise provided through this site is accurate, complete, or current.
WVU MIX is not responsible for technical, hardware, or software failures of any kind; lost or unavailable network connections; or incomplete, garbled, or delayed computer transmissions. Under no circumstances will WVU MIX or its partners be liable for any damages or injury that result from the use of materials on this site. Neither WVU MIX nor any other party involved in creating, producing, or delivering the system, its content, and its applications is liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access to, or use of, the system or any of its contents.
You understand that if you volunteer personal information on a public area of the WVU MIX system, such as a message board or chat room, this information can be collected and used by other parties and may result in unsolicited messages from other parties.
WVU MIX and its directors, employees, content providers, or any other party involved in the creation or maintenance of this site are not liable for damages arising out of or in connection with the use of or inability to use this site.
WVU MIX reserves the right at its discretion to change or modify these terms and conditions at any time, without notification on this Web site.
WVU MIX may change, suspend, or eliminate all or any aspect of this system at any time, including the availability of any application, feature, database, or content, without prior notice or liability.
Your use of the WVU MIX system constitutes binding acceptance of these terms and conditions, including any changes or modifications made. If at any time you no longer agree to be bound by these terms and conditions, please cease to use this Web site and its associated applications immediately.
Although WVU MIX may from time to time monitor or review discussion boards and chat rooms on the campus site, WVU MIX is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained from any information contained within such locations in the WVU MIX system. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. WVU MIX will fully cooperate with any law enforcement authorities or court order requesting or directing WVU MIX to disclose the identity of anyone posting any such information or materials.
Member Conduct Guidelines
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not WVU MIX, are entirely responsible for all content that you upload, post, e-mail, or otherwise transmit using the WVU MIX system. WVU MIX does not control the content posted using its system and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the system, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will WVU MIX be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, or otherwise transmitted using the WVU MIX system.
You agree not to:
- publish, post, e-mail, upload, or otherwise distribute any content that is harmful, inappropriate, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- publish, post, e-mail, upload, or otherwise distribute personal information about a person under 18, including his or her full name, address, phone number, picture, or the name of his or her school;
- offer for sale products or services, except in those areas that are designated for that purpose;
- link to any content not allowed in the WVU MIX system;
- harvest screen names;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a WVU MIX official or an official representative of your institution, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;
- publish, post, e-mail, upload, or otherwise distribute any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- publish, post, e-mail, upload, or otherwise distribute any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- publish, post, e-mail, upload, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- publish, post, e-mail, upload, or otherwise distribute any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users' ability to engage in real-time information exchanges;
- interfere with or disrupt the system or servers or networks connected to the system, or disobey any requirements, procedures, policies, or regulations of networks connected to the system;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- or collect or store personal data about other users.
Privacy Policy
The WVU MIX Web platform relies on information held behind you institution's firewall in secure campus databases. With this information, the WVU MIX system provides Web-based access to critical services and powerful tools from anywhere and at anytime. WVU MIX personnel do not have access to this information. In this way, the WVU MIX system provides important functionality to you and your institution without compromising your privacy. For more information, click here to see the complete WVU MIX Privacy Policy as it relates to the way in which your institution has licensed the WVU MIX Web platform.
WVU MIX and Children
The WVU MIX Web platform is directed to higher education students, alumni, faculty, and administrative personnel. It is not directed to children under the age of thirteen. However, we are aware that a small percentage of higher education students may fall within that category. We recognize that those students have exclusive rights to their educational records as set forth in the Family Educational Rights and Privacy Act of 1974 ("FERPA"), and acknowledge that those rights afforded by that legislation may conflict with certain provisions of the Children's Online Privacy Protection Act of 1999 ("COPPA"). Accordingly, WVU MIX will comply with the Children's Online Privacy Act of 1999 to the extent that it does not conflict with the established rights extended to all higher education students by the Family Educational Rights and Privacy Act of 1974.
User's Account and Password
The WVU MIX administrator at your institution will provide a user name and password that enables you to access the system. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WVU MIX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WVU MIX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
Financial and Investment Advice
Any financial content provided through the WVU MIX system is provided for informational purposes only, and no content is intended for trading or investing purposes. WVU MIX shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted using the WVU MIX system, and shall not be responsible or liable for any trading or investment decisions made based on such information.
WVU MIX's Intellectual Property
You acknowledge and agree that the WVU MIX system contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the system or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by WVU MIX or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the WVU MIX system, in whole or in part.