Nothing in the Terms overrides the application of other rules and policies of Yale or other agreements between you and Yale. Please note that the Websites are intended for users in the United States.
The names, marks, logos, seals, devices and designs associated with Yale University, the Yale Child Study Center, and the Yale Center for Emotional Intelligence are trademarks and service marks of Yale or its affiliates (collectively, “Yale Trademarks”). All other trademarks or service marks appearing on the Website(s) are the trademarks, service marks, or logos of their respective owners. No trademark or service mark appearing on the Website(s) may be used without the prior written consent of the mark’s owner. You may not use Yale Trademarks without valid, written authorization from Yale. Additionally, you may not use Yale Trademarks in any manner that (a) will likely cause confusion about the source of any product or service or (b) falsely implies or represents that Yale sponsors, endorses, or is affiliated with any third-party activity. You may not register any domain names containing any Yale Trademarks without Yale’s prior written consent in each case.
Use of the Website(s) – Code of Conduct
You agree not to use the Website(s) or any other Yale computing resources to engage in any of the following conduct. Such conduct is unacceptable and may result in the termination of your use of the Website(s).
Interfering with the operation of the Website(s), or, restricting, disrupting or inhibiting any other user from using and enjoying the Website(s) and services;
Posting or otherwise transmitting any unlawful, fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful material or information of any kind;
Posting or otherwise transmitting any advertisement, promotion, or solicitation of goods or services for commercial or partisan political purposes;
Posting or otherwise transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component that may compromise the security of the Website(s);
Posting, transmitting or otherwise using materials in violation of another party’s copyright, privacy, publicity or other proprietary right, or the terms of any contractual agreement or fiduciary relationship;
Using the Website(s) or services for any commercial, partisan political or unlawful purposes;
Copying, scraping, downloading, exporting, storing or otherwise capturing any data obtained via the Website(s) without proper written authorization by Yale;
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website(s);
Misrepresenting your identity, or, sharing or otherwise transferring user account information to any person other than the registered user authorized by Yale to use such account;
Accessing or attempting to access any portion of the Website(s) to which you have not been explicitly granted access;
Directly or indirectly authorizing anyone else to take actions prohibited in this section; or
Otherwise using the Website(s) or any services, information and content available on or through the Website(s) in violation of the Terms or applicable law.
Submissions by You
Where authorized, you may submit any text, images, data, information, content or other materials (collectively, “Materials”) to the Website(s). In doing so, such Materials will be considered non-confidential, and you hereby grant to Yale a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, practice, publish, display, perform, distribute, translate, and create derivative or collective works from, any such Materials, in whole or in part, throughout the world in any media, including all intellectual property rights therein, unless otherwise agreed in writing with Yale. You acknowledge and agree that any Materials submitted by users of any Website(s)represent the opinions of the specific author and are not statements of advice, opinion or information of Yale. Any such Materials is not a substitute for your own research and should not be relied upon for any purpose.
By submitting Materials to any Website(s), you certify ownership authority to grant such rights to Yale and acknowledge that the burden of determining whether any such Materials are protected by copyright rests solely with you.
Further, you are solely responsible for Materials submitted by you, and Yale assumes no responsibility or liability for Materials submitted by you or any other user of the Website(s). We may, but are not obligated to, restrict or remove any and all Materials that we determine in our sole discretion violates the Terms or is otherwise harmful to us, other Website(s) users or any third party. We reserve the right to remove Materials you submit at any time, but you understand that we may preserve and access a backup-copy, and we may disclose such Materials if required to do so by law or in a good faith belief that such access, preservation or disclosure is required by law or in the best interests of Yale.
Any Materials you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any such Materials. Never assume that you are anonymous and cannot be identified by your submissions. You hereby grant Yale and any of its sublicensees the right to use the name that you submit in connection with the Materials, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Materials submitted by you; that such Materials are accurate; that use of such Materials does not violate the Terms, and will not cause injury to any person or entity; and that you will indemnify Yale and its officers, trustees, employees, representatives and agents for all third-party claims resulting from Materials you submit.
Use of Password-Protected Areas
Certain sections of the Website(s) are protected by usernames and passwords and may be accessed only by users specifically authorized by the Yale Center for Emotional Intelligence. All user names are subject to review and approval by Yale. If you have a user name and password for accessing any Website, you agree not to share them with any other person, including any person who may have his or her own user name and password. You agree that the user name and password for your account is personal to you only, and you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity, while using the Website(s) or any services. You are responsible for all uses of your user name and password to gain access to the Website(s) and for all activity under them, including the use of any information or material obtained by using them. Yale may terminate your account or authorization to access the Website(s) and/or service at any time, without notice, for conduct that Yale believes violates the Terms or other applicable policies, rules or regulations of Yale.
If you become aware of any unauthorized use of your account, another user’s account or any other portion of the Website(s), you agree to notify the Yale Center for Emotional Intelligence by email at: email@example.com or in writing at: Yale Center for Emotional Intelligence, Yale University, 350 George Street, New Haven, CT 06511, and to provide prompt reasonable assistance at the request of Yale and/or its representatives to address any violations of the Terms as determined by Yale.
Yale reserves the right to refuse to post, or to remove, any information or materials, in whole or in part, that is in violation of the Terms in its sole discretion. Yale is not a publisher of user-generated content on the Website(s) and, with regard to such content, is acting solely as an Internet service provider (47 U.S.C. § 230(c)(1)). Neither Yale nor any Yale-affiliated entity screens, approves, reviews or endorses any such content.
Links to Yale’s Site
You may not create links to the Website(s) from any website with content that is fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party (directly or indirectly), or otherwise give rise to liability, violate any law or falsely imply Yale’s sponsorship, endorsement or approval of your or another party’s site or activities. Additionally, Yale, in its sole discretion, has the right to require that you remove links to the Website(s).
Links to Third-Party Sites
© Yale University 2020. All Rights Reserved.
In consideration for your agreement to the Terms, where authorized, Yale grants you a limited, personal, non-exclusive, non-transferable license to view, access and use the Website(s). You may also print a reasonable number of copies of information and content available on or through the Website(s) for your personal, non-commercial and educational use only, provided that you reproduce all copyright, trademark and proprietary notices (for example, some materials on the Website(s) may include trademarks or logos belonging to third-party licensors and are used pursuant to an agreement with such third parties), and you comply with all other terms or restrictions that may be applicable to that material. Although parts of the Websites are freely accessible, Yale does not intend to cede its respective rights, or the rights of third parties, to information and content available on or through the Website(s). By accessing, downloading or printing information and content from the Website(s), you agree that there is no explicit or implicit transfer of ownership rights, and any and all rights, title and interest in and to the Website(s), including all services, information and content available on or through the Website(s), and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein, shall remain with Yale and our third-party licensors, as applicable. You may not otherwise copy, reproduce, retransmit, distribute, publish, exploit or otherwise transfer any such information or content unless permission to do so is specifically granted by Yale. Because Yale does not hold the copyright to certain materials on the Websites, Yale cannot grant or deny permission to use those materials. Accordingly, you are solely responsible for determining the copyright status of any materials you may wish to use, to investigate the owner of the copyright, and to obtain permission for your intended use, if appropriate.
Yale intends that all information and content on the Websites respect the copyright and other proprietary rights of third parties. With respect to any copyrighted material owned by third parties, Yale has obtained permission to use such content from the copyright owner or has proceeded with use in reliance on the doctrine of fair use provided under U.S. copyright law. If you believe that any material posted on the Websites infringes your copyright, we urge you to submit notice to the Yale Center for Emotional Intelligence at: firstname.lastname@example.org with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) the URL of the location containing the material that you claim is infringing; and (c) your address, telephone number, and email address. We will promptly remove any material that is determined to be infringing upon the rights of others.
Disclaimers of Warranties
The Websites and services, information and content available on or through any of them are provided “as is” and “as available.” Yale does not warrant that the Websites or any such services, information or content will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in such services, information and content. Yale makes no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement thereof, including user content, or of any services, information or content available through links to other websites. Yale reserves the right to correct any errors or omissions in the Websites. If you rely on any services, information and/or content available on or through the Websites, you do so entirely at your own risk.
You specifically acknowledge that Yale is not liable for the defamatory, offensive or illegal conduct of other users or third parties, and that the risk of injury from this type of conduct rests entirely with you. Your sole remedy for dissatisfaction with the Website(s) or any services, information and/or content available on or through them is to stop using the Website(s) and/or those services, information and content.
To the maximum extent permitted under law, Yale disclaims all express or implied warranties with respect to the Websites and any services, information and content that are available on or through them, including without limitation, any warranty of merchantability, fitness for a particular purpose (even if that purpose has been disclosed) and non-infringement.
Although Yale intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other malicious code to the Websites, Yale does not guarantee or warrant that the Websites, or any services, information and content that may be available on or through them, are free from such destructive features. Yale is not liable for any damages or harm attributable to such features. It is up to you to take any and all precautions to ensure that the services, information and content you access and use from the Website(s) or any hyperlinked website is free of such items of a destructive nature.
Limitation of Liability
Yale and its officers, trustees, employees, representatives and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in the Websites or any services, information or content available on or through the them, including loss or injury that results from your breach of any provision of the Terms.
Under no circumstances will Yale or its officers, trustees, employees, representatives or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including, but not limited to, procurement of substituted services or materials; loss of use, data, revenues or profits; or business interruption) arising in any way out of or in connection with your use of the Website(s) or any services, information or content available on or through the them or the Terms, however caused and regardless of the theory of liability, whether in tort (including negligence of any kind), contract, statutory, or any other legal or equitable theory, even if advised of the possibility of such damages.
Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you.
You agree to indemnify, defend, and hold Yale and its officers, trustees, employees, representatives and agents harmless from and against any and all third-party claims, liabilities, losses, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from:
your breach of the Terms;
your violation of the Code of Conduct (as set forth above); or
your activities in connection with the Website(s) and/or any related services.
Yale reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide Yale with whatever cooperation it reasonably requests.
The Terms are the complete agreement between you and Yale regarding the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between you and Yale regarding such subject matter are expressly canceled. We may terminate this agreement at any time for any reason. If you breach any of the Terms, your license to access and use the Websites, including all services, information and content available on or through them, terminates immediately. Upon such termination, you must stop using the Websites, including all services, information and content available on or through the them, and return or destroy all copies, including electronic copies, thereof in your possession or control. Any heading, caption, or paragraph title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained within the Terms. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this agreement. In the event of termination hereunder, you shall have a continuing obligation thereafter to comply with any provision of the Terms that by its sense and context is intended to survive termination.
Choice of Law/Forum Selection
You agree that any dispute arising out of or relating to the Terms, the Websites or any services, information and content available on or through them, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Connecticut, excluding its conflicts of law provisions. You irrevocably agree to bring any claim or dispute relating to your use of the Websites or any services, information and content available on or through them, and the Terms exclusively in the applicable state courts located in New Haven County, Connecticut or the United States District Court for the District of Connecticut (sitting in New Haven), to submit to the exclusive jurisdiction of those courts, and to waive any objections based on jurisdiction, venue, or inconvenience of the forum. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. If a court determines that any provision of the Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.
If you have questions relating to the Website(s), you may email us at email@example.com. Please understand that, due to the volume of communications we receive, we may not be able to respond to all questions.