Terms and Conditions
Agreement between User and ProjectLookSharp.org
Welcome to projectlooksharp.org. The projectlooksharp.org website (the “Site”) is comprised of various web pages operated by Project Look Sharp, which is a department of the School of Humanities at Ithaca College. ProjectLookSharp.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ProjectLookSharp.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
ProjectLookSharp.org is a department of the School of Humanities at Ithaca College and therefore is Non-Profit Site.
To provide media literacy education services and materials.
Privacy
Your use of ProjectLookSharp.org is subject to Project Look Sharp’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting ProjectLookSharp.org or sending emails to Project Look Sharp constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Project Look Sharp is not responsible for third party access to your account that results from theft or misappropriation of your account. Project Look Sharp and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Project Look Sharp does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use projectlooksharp.org only with permission of a parent or guardian.
Cancellation/Refund Policy
The following policy applies to all Web-Based Training courses
CUSTOMER CANCELLATIONS
Cancellations received more than 14 business days prior to class will not be charged the training fee. Cancellations received less than 14 business days prior to class, and no-shows, will be charged the full training fee. Registrant substitutions may be made only with approval of the course instructor. Please note that if you do not cancel or do not attend, you are responsible for payment.
CANCELLATION OF COURSE BY PROJECT LOOK SHARP (PLS)
PLS reserves the right to cancel or change a class at any time, including but not limited to, lack of participation, equipment malfunction or trainer availability. Notification will be provided within 5 days of the class, or whenever possible. Project Look Sharp is not liable for any direct, or indirect, consequential or special damages that may be incurred due to a cancellation of a scheduled class, including, but not limited to, lost opportunities, revenues, or other scheduled activities. The customer or student’s sole remedy shall be the refund of prepaid course fees.
GENERAL DISCLAIMER
Project Look Sharp shall not be liable for damages of any kind resulting from errors or omissions in the training materials nor shall Project Look Sharp be liable for any damages resulting from the use of the training materials or other information conveyed at an PLS course.
Links to Third Party Sites/Third Party Services
ProjectLookSharp.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Project Look Sharp and Project Look Sharp is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Project Look Sharp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Project Look Sharp of the site or any association with its operators.
Certain services made available via ProjectLookSharp.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the ProjectLookSharp.org domain, you hereby acknowledge and consent that Project Look Sharp may share such information and data with any third party with whom Project Look Sharp has a contractual relationship to provide the requested product, service or functionality on behalf of ProjectLookSharp.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ProjectLookSharp.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Project Look Sharp that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is 1. the property of Project Look Sharp or Ithaca College and protected by copyright and other laws that protect intellectual property and proprietary rights; OR 2. Media content is used for educational purposes under the Fair Use exception.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Project Look Sharp provides extensive free materials to be used for educational purposes. You are welcome to download and share these free materials. You may not, however, modify, transmit, create derivative works, or in any way exploit Project Look Sharp’s materials to provide media literacy education services, unless permitted by Project Look Sharp.
International Users
The Service is controlled, operated and administered by Project Look Sharp from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Project Look Sharp Content accessed through ProjectLookSharp.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Project Look Sharp, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Project Look Sharp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Project Look Sharp in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROJECT LOOK SHARP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PROJECT LOOK SHARP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROJECT LOOK SHARP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROJECT LOOK SHARP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROJECT LOOK SHARP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Project Look Sharp reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Project Look Sharp as a result of this agreement or use of the Site. Project Look Sharp’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Project Look Sharp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Project Look Sharp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Project Look Sharp with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Project Look Sharp with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Project Look Sharp reserves the right, in its sole discretion, to change the Terms under which ProjectLookSharp.org is offered. The most current version of the Terms will supersede all previous versions. Project Look Sharp encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Project Look Sharp welcomes your questions or comments regarding the Terms:
Project Look Sharp
1119 Williams Hall
Ithaca College
Ithaca, New York 14850-7290
Email Address:
looksharp@ithaca.edu
Telephone number
(607) 274-3471
Effective as of August 14, 2017