Thomas Jefferson University Website Terms of Use

These Website Terms of Use (“Terms”) are provided by Thomas Jefferson University (“TJU,” “we,” “our,” or “us”), and govern your access to or other use of jefferson.edu and its subdomains that link to these Terms (collectively, the “Site”).

Please read these Terms carefully before accessing or otherwise using the site. These Terms include in section 10 a waiver of your right to a jury trial and a waiver of your right to participate in CLASS, mass, collective, and representative actions. if you do not agree to these terms, please do not access or use the Site.

By accessing or using the Site, you represent that you have read and understood, and agree to be bound by, these Terms.

We reserve the right to update these Terms at any time. These updates will be effective as of the “Last Updated” date at the top of this page. Your continued access to or use of the Site following such updates constitutes your agreement to be bound by these Terms. 

The Site may contain (a) materials and other items relating to us and our services, including information, text, data, databases, instructions, articles, scripts, designs, graphics, layout, files, images, illustrations, photographs, sound recordings, audio and visual clips, advertising copy, URLs, technology, software, opportunities, features, and the “look and feel” of the Site; (b) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including us; and (c) other forms of intellectual property (all such materials, and any compilation, collection, or arrangement thereof, collectively the “Content”).

All Content is either owned by us or licensed from third parties, and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. You acknowledge and agree that you do not acquire any ownership interest in the Site or its Content by virtue of accessing or using the Site or its Content. Any rights not expressly granted herein are hereby reserved.

We grant you a limited, non-exclusive, revocable, and non-transferrable license to access or use the Site and its Content solely for your personal use and in accordance with these Terms. We reserve all other rights. 

The Site may require account registration to access certain portions or features of the Site. By registering for a Site account, you agree that all information you have provided and will provide about yourself is accurate, current, and complete.

You are responsible for protecting your account access credentials, and you understand and agree that you are responsible for all activity associated with your account, including any and all statements made, and acts or omissions that occur, through your account. You will not allow any other person to access or use your account and you will not access or use another person’s account.

If you have any reason to believe or become aware of any unauthorized access to or use of your account, please notify us immediately at privacyoffice@jefferson.edu. Any actions taken, or communications sent, from your account will be assumed to have been authorized by you.     

You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You agree that you will not:

• Access or use the Site or its Content for any unlawful purpose in violation of local, state, national, or international laws.
• Engage in any activity that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, harmful, violent, abusive, hateful, offensive, harassing, or otherwise objectionable to us.
• Attempt to disable, hack, or otherwise interfere with the proper functioning of the Site.
• Harvest, scrape, reverse engineer, derive a work, or modify any information from the Site or its Content.
• Attempt to bypass any robot exclusion headers or circumvent any other measures that we have put in place to restrict or prevent access to or use of all or parts of the Site.
• Infringe any of our rights, or the rights of any third party, including intellectual property rights.
• Impersonate another individual or otherwise misrepresent your identity.
• Suggest an unauthorized association with us.
• Transmit any software or other materials that contain any type of malware, including viruses, worms, Trojan horses, or other rogue programming.
• Change or delete any proprietary notices from materials downloaded or printed out from the Site.
• Attempt any actions that otherwise violate these Terms.

We reserve the right to terminate your access to or use of all or part of the Site, in our sole discretion and without notice or liability, for any reason, including breach of these Terms. Violation of these Terms may result in civil or criminal liability. We may investigate potential violations, cooperate with law enforcement, and/or pursue prosecution of users who may be involved in such violations. You waive and hold us harmless for any cooperation with, or disclosure of your information to, law enforcement relating to your suspected violation of applicable laws.

Certain content, products, and services available via the Site may include links to or features provided by external online services that we do not control. We are not responsible and are not liable for the contents or services of any external online service that we do not control. External online services may have different terms and notices. You are responsible for reading and understanding terms and notices of external online services. 

Please be aware that information transmitted over the Internet may not be secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Site.

Your ACCESS TO OR use of the Site is at your sole risk. The Site and its Content are provided by us on an “as is” and “as available” basis, and without warranties of any kind, whether express or implied, including, without limitation, any implied warranties of title, non-infringement, satisfactory quality, reliability, accuracy, merchantability, and fitness for a particular purpose.

We do not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of the Site and/or its Content. We do not warrant that your ACCESS TO OR use of the Site or its Content will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Site, the server(s) on which the Site is hosted, or Content are secure or free from viruses or other harmful components.

To the maximum extent permitted by applicable law, under no circumstances shall we nor any other party involved in creating, producing, or delivering the Site or its Content be liable for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages, fees, fines, penalties, loss of revenue or business or liabilities that result from the ACCESS TO OR use of, or inability to ACCESS OR use the Site, its Content, or information provided on or through the Site.

By accessing or using the Site, you acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Site is to stop ACCESSING AND using the Site.

If the foregoing limitations are disallowed, in any event, OUR total liability shall be $100.00 USD.

As permitted by applicable law, you agree to defend (if requested by us), indemnify, and hold us and our affiliates, officers, directors, employees, and agents (the “TJU Parties,” each a “TJU PArty”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the TJU Parties arising out of or in connection with: (a) your ACcESS TO OR use of the Site and/or its Content; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your ACCESS TO OR use of the Site; (d) information or material transmitted through your account or device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (e) any misrepresentation made by you; and (f) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate fully, as requested by us, in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of us through our officers. 

Important: This Section impacts certain legal rights and includes a waiver of the right to participate in any form of class, mass, collective, or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

Dispute Resolution. If a disagreement arises between you and a TJU Party regarding any claim or controversy arising out of, relating to, or connected in any way with these Terms, including access to or otherwise use of the Site, (a “Dispute”), you agree that, before initiating any legal action, you will first provide the TJU Party written notice (a “Notice of Dispute”) so that the TJU Party may work with you in good faith to find a mutually agreeable solution. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. A Notice of Dispute shall be sent by email to privacyoffice@jefferson.edu, and must describe the nature of the Dispute, the basis for your claims, and the resolution you are seeking. Any Notice of Dispute must be specific to you as an individual and cannot be consolidated with Disputes involving any other parties.

During the 30 business days from the date the TJU Party receives your Notice of Dispute, both parties agree to engage in good faith efforts to resolve the Dispute. During this 30 business day period, both parties agree to toll any statutes of limitations that may apply, along with any filing deadlines.

Waiver of Jury Trial; Waiver of Class, Mass, Collective, and Representative Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT ANY AND ALL DISPUTES (WHICH YOU ACKNOWLEDGE AND AGREE IS DEFINED AS BROADLY AS POSSIBLE) WILL BE RESOLVED INDIVIDUALLY, AND WITHOUT RESORT TO ANY FORM OF CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PROCEEDING.

Time Bar. Any claim or action against any TJU Party must be commenced within 2 years after the first occurrence of the kind of act, event, condition, or omission upon which such claim or action is based–or within the statute of limitations for such claim–whichever is shorter. Any claim that is not filed within that time will be forever barred.

You acknowledge that the Site and its Content originate in, and are controlled from, the United States. We make no representation that any of the Content is appropriate or available for use in other locations. If you choose to access or use the Site from other locations, you do so at your own risk, and you are responsible for compliance with applicable local laws. 

Software and other materials from the Site may be subject to United States export control. The export control laws of the United States prohibit exporting certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into a country, or to any person, or entity subject to U.S. export controls; (2) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (3) to anyone on the U.S. Treasury Department's list of specially designated nationals, or the U.S. Commerce Department's table of deny-orders. You represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges and that you are not listed on any U.S. Government list of prohibited or restricted parties. We do not authorize the downloading or exporting of any software or technical data from the Site to any prohibited jurisdiction under the United States export laws.

Governing Law and Venue. You agree that these Terms, and any Dispute arising from or relating to the Terms, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. You agree that any Dispute shall be filed only in the state and federal courts located in Philadelphia, Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any Dispute.

Entire Agreement. These Terms (as may be revised and amended from time to time) constitute the entire agreement with respect to your access to or use of the Site and the Content.

Electronic Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including these Terms, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Termination. Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to or use of the Site.

No Assignment. These Terms do not confer any rights, remedies, or benefits upon any person other than you. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.