Effective Date: September 1, 2020
Sonoran University of Health Sciences (Sonoran University of Health Sciences) operates Websites located at www.Sonoran University of Health Sciences.edu and https://sage.sonoran.edu/ (the Sites). These Terms of Use govern and set-forth the sole and exclusive agreement between Sonoran University of Health Sciences and any person or entity accessing, viewing and/or otherwise utilizing any information, service or feature available on or through the Sites. For purposes of these Terms or Use, the terms “we”, “us” and “our” refer to Sonoran University of Health Sciences and those persons or entities acting on behalf of Sonoran University of Health Sciences and Sage Foundation. The terms “your” and “your” refer to any person or entity accessing, viewing or otherwise utilizing any information, service or feature available on or through the Sites.
THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN Sonoran University of Health Sciences AND YOU. BY USING THE Sites, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Websites Terms of Use
The Sonoran University of Health Sciences Websites located at www.Sonoran University of Health Sciences.edu and https://sage.sonoran.edu/ are copyrighted work belonging to Sonoran University of Health Sciences. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with these features. All additional terms, guidelines and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Sites. IF YOU DISAGREE WITH ANY OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE Sites.
Limited License. Sonoran University of Health Sciences grants you a non-transferable, non-exclusive, revocable, limited license to access the Sites solely for your own personal, noncommercial use. These Terms of Use and access to the Sites do not give you any rights, title or interest in or to any intellectual property rights.
Certain Restrictions. The limited license described above is subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive Websites; and (d) except as expressly stated, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Sonoran University of Health Sciences reserves the right to change, suspend, or cease the Sites with or without notice to you.
No Support or Maintenance. You agree that Sonoran University of Health Sciences will have no obligation to provide you with any support in connection with the Sites.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Sites (“Marks”) are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Third-Party Links & Ads. The Sites may contain links to third-party Websites and services, and/or display advertisements for third-parties. Third-party Websites, services and content are not under the control of Sonoran University of Health Sciences. Sonoran University of Health Sciences provides access to third-party links & ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations concerning any information or service provided by a third-party, regardless of any link or access to such third-party through our Sites. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by, or any affiliation with, Sonoran University of Health Sciences.
Cookies and Web Beacons. Like any other Websites, Sonoran University of Health Sciences uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the Websites that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Indemnity
You agree to defend, indemnify and hold harmless the Sonoran University of Health Sciences, its officers, directors, employees and any agent or representative of Sonoran University of Health Sciences from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Sites; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any misrepresentation made by you. Sonoran University of Health Sciences reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer
THE Sites AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE Sites ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Sonoran University of Health Sciences EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE Sites. Sonoran University of Health Sciences CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Sites IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL THE Sonoran University of Health Sciences, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Sites OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE Sites, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Sonoran University of Health Sciences’S RECORDS, PROGRAMS OR Sites. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Sonoran University of Health Sciences, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Sites, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Sonoran University of Health Sciences FOR ACCESS TO OR USE OF THE Sites, WHICH AMOUNT YOU AGREE SHALL NOT EXCEED $50.
Applicable Law and Venue
These Terms of Use and your use of the Sites (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Maricopa County, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts over any suit, action or proceeding arising out of these Terms of Use.
Waiver of Jury Trial
You waive any right you might otherwise have to have any action at law or equity arising out of or in any way relating to your use of the Sites and/or these Terms of Use tried to a jury.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this agreement must be litigated on an individual basis and not on a class basis, and claims of more than one user cannot be litigated jointly or consolidated with those of any other user.
Attorney’s Fees / Costs
You agree that if you bring any action in law or in equity in which you seek to recover more than the amount available based on the Limitations of Damages provision above, you shall be responsible for all expenses, including attorneys’ fees and costs, incurred by Sonoran University of Health Sciences in connection with your action.
Electronic Communications. The communications between you and Sonoran University of Health Sciences may involve the use of electronic means, whether you use the Sites or send us emails, or whether Sonoran University of Health Sciences posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Sonoran University of Health Sciences in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sonoran University of Health Sciences provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Your Privacy. Please read our Online Privacy and Cookies Policy.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Sites will terminate immediately.
Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.