this privacy notice describes how Johnson & Wales University, of 8 abbott park place, providence, ri 02903 (“we,” “us,” or “Johnson & Wales University”), collects and processes personal data relating to applicants (as defined below) who are in the european union; how we use, store, transfer and protect this personal data; and your rights in relation to this personal data.
this privacy notice applies to all personal data we collect or process relating to applicants who are in the european union, in the context of admissions and throughout the application process. for purposes of this privacy notice, “applicant” means:
- past and present student applicants;
- prospective students and recruits who interact with our admissions offices, employees, or associated third parties; and
- parents, guardians, and other family members of student applicants.
this notice will inform you of:
- personal data we collect and use;
- how we use your personal data and the basis on which we use it;
- who has access to your personal data;
- how your personal data is protected and stored;
- international transfer of your data;
- how to exercise your rights;
- how to contact us;
- changes to the privacy notice.
1. personal data we collect and use
throughout the application process, we collect and use certain personal data about you. personal data is information about you through which you can be identified (including where you can be identified by combining the information with other information).
note that we may be required by law to collect certain personal data about you or as a consequence of our contractual relationship with you. failure to provide this personal data may prevent or delay the fulfilment of these obligations. we will inform you at the time your personal data is collected whether certain data is compulsory and the consequences of the failure to provide such personal data.
1.1 personal data we collect directly from you
we collect some personal data directly from you. personal data that is collected directly from you includes the following:
- personal details, such as your full name, date of birth, and place of birth;
- contact details, such as your phone number, email address, and mailing address;
- demographic details, such as your age, gender, marital status, languages spoken, national origin, and current nationality;
- identification numbers, such as your social security number or other government-issued identification number, and passport number;
- authenticating information, such as user names, passwords, and security questions and answers;
- passport and visa information;
- citizenship status;
- military or veteran status;
- information relating to financial aid and scholarships, such as information collected in connection with financial aid applications, financial aid eligibility, scholarship information, and information about your or your family’s financial situation;
- information you submit in connection with your application for admission, including your personal essay, writing sample, study proposal, portfolio, academic transcripts, test scores, letters of recommendation, evaluations, disciplinary records, information about prior applications, and information relating to academic dismissals;
- employment information, including your résumé, work history, and job title;
- information about your family, including the names of relatives who have attended Johnson & Wales University;
- account numbers, including, but not limited to, those associated with the common application; centralized application service for physician assistants (caspa); occupational therapy and occupational therapy assistant centralized application service (otcas); college foundation of north carolina (cfnc); graduate record examinations (gre); graduate management admission test (gmat); act; college board; national research center for college and university admissions, inc. (nrccua); test of english as a foreign language (toefl); pearson test of english academic (pte academic); international english language testing system (ielts); duolingo english test; general educational development (ged); educational testing services (hiset); total administrative services corporation (tasc)
- information about your preferences, including those related to housing and academic and extracurricular interests;
- information about your native language, languages spoken, and your level of language proficiency;
- photographs for use in identification;
- your emergency contact details, such as names of your emergency contacts and their contact information and information about your next of kin;
- how you heard about our programs;
- information about your computer and other devices, including your ip address, mac address, and information about your browser and operating system; and
- communications you send us, including your requests and information provided by you in the form of feedback or complaints about the program, housing, or other matters
1.2 personal data generated by us
in addition, the following categories of personal data about you may be generated by Johnson & Wales University in the context of admissions and throughout the course of the application process:
- student identification numbers;
- records of our interactions with you;
- internal notes, including notes about your application, admission decisions, alumni interviews and other admissions interviews; and
- acceptance letters and enrollment confirmation.
1.3 personal data we obtain from other sources
Johnson & Wales University may also obtain the following categories of personal data about you from third parties:
- personal details and contact details (as described above), such as information you provide to school counsellors or third parties, including the common application; centralized application service for physician assistants (caspa); occupational therapy and occupational therapy assistant centralized application service (otcas); college foundation of north carolina (cfnc); graduate record examinations (gre); graduate management admission test (gmat); act; college board; national research center for college and university admissions, inc. (nrccua); test of english as a foreign language (toefl); pearson test of english academic (pte academic); international english language testing system (ielts); duolingo english test; general educational development (ged); educational testing services (hiset); total administrative services corporation (tasc); scholarships.com; and national student organizations;
- application materials, such as information you share with us through a third-party application provider, including the common application; centralized application service for physician assistants (caspa); occupational therapy and occupational therapy assistant centralized application service (otcas); college foundation of north carolina (cfnc)
- feedback, recommendations, or evaluations from your teachers or other individuals; and
- academic transcripts provided by other institutions or third-party digital credential services.
1.4 sensitive data we collect and use
some of the categories of personal data that we may collect are considered special categories of personal data under european union law. in particular, we may process the following types of sensitive data:
- health and medical information, including your medical history, physician’s report, information about disabilities or related accommodations, information about allergies or dietary restrictions, and health insurance information;
- information about your religious or philosophical beliefs; and
- information about your racial or ethnic origin.
2. how we use your personal data and the basis on which we use it
Johnson & Wales University uses your personal data in connection with admissions and throughout the application process for the following purposes:
- considering your application for admission. our basis for doing so is the performance of the pre-contractual relations we have with you;
- reviewing applications and related information for purposes of making admissions determinations. this processing is necessary to serve our legitimate interests in selecting a diverse and qualified student body and in efficiently managing the application process.
- Contacting you about our academic programs, events, related opportunities, or other updates about Johnson & Wales University, including sending you Johnson & Wales University newsletters and publications. This processing is necessary to serve our legitimate interests in marketing and student outreach. Where required by law, we will obtain your consent before sending you marketing communications.
- personalizing marketing communications. we may use your personal information to learn about your interests and preferences so that we can personalize the marketing messages and other content we provide to you. this processing is necessary to serve our legitimate interests in providing you more relevant content and communications. when required by law, we will obtain your consent before sending you marketing communications.
- identifying students, including creating a student identification card that includes your photo. this processing is necessary to serve our legitimate interests in keeping our campus and associated facilities safe and secure;
- communicating with applicants throughout the application process. this processing is necessary to serve our legitimate interests in responding to applicant requests and efficiently managing the application process;
- responding to emergencies, such as contacting you or your family in the event of an incident. this processing is necessary to serve our legitimate interests in supporting the health and wellbeing of our students;
- for purposes of program planning and development. this processing is necessary to serve our legitimate interests in the efficient management and administration of our academic programs and extracurricular activities;
- keeping our campus and associated facilities safe and secure. this processing is necessary to serve our legitimate interests in protecting our students, property, and facilities;
- complying with legal obligations to which we are subject, including to defend your and our rights in legal proceedings and to cooperate with regulators and law enforcement, governmental or competent bodies. this processing is necessary to comply with legal obligations and to serve our legitimate interests in complying with the laws to which we are subject; and
- keeping our records accurate and up-to-date. this processing is necessary to comply with legal obligations and to serve our legitimate interests in efficient management and administration.
2.1 how we use sentive data
- health and medical information. to the extent we process health and medical information, we do so to comply with obligations under social protection laws (e.g., to provide disability accommodations) or, where not required by law, to provide medical services under the responsibility of authorized medical professionals or when such processing is necessary to protect the vital interests of you or another person. in some contexts, this information may be processed with your consent.
- information revealing an individual’s racial or ethnic origin. to the extent we process information revealing racial or ethnic origin, such information is voluntarily disclosed during the application process for purposes of statistical reporting related to diversity. we rely on express consent for such processing.
- information about an individual’s religious or philosophical beliefs. to the extent we process information about an individual’s religious or philosophical beliefs, such information is voluntarily disclosed during the application process for purposes of statistical reporting relating to diversity. this information may also be voluntarily disclosed when submitting housing preferences. we rely on express consent for such processing.
3. who has access to your data
we may share your personal data with third parties under the following circumstances:
- service providers and business partners. we may share your personal data with our service providers and academic or business partners that perform services for us. for example, we may partner with other companies or entities to provide services for you in relation to our academic programs, such as learning management system providers, information technology providers, and enrollment management providers.
- Johnson & Wales University personnel in the US. to the extent we collect information in person in europe, we may share personal information about you with other Johnson & Wales University personnel located at our campus in the united states or elsewhere.
- law enforcement agencies, courts, regulators, government authorities or other third parties. we may share your personal data with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
because we operate internationally, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services). see the section on “international transfer of your data” below for more information.
4. how your personal data is protected and stored
we implement technical and organizational measures designed to ensure a level of security appropriate to the risk to the personal data we process. these measures are aimed at ensuring the ongoing integrity and confidentiality of personal data. we will keep personal information for the length of time set out in our records retention policy available at:
5. international transfer of your data
your personal data may be transferred to, stored, and processed in a country (such as the united states) that is not regarded as ensuring an adequate level of protection for personal data under european union law.
we have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your personal data is adequately protected. for more information on the appropriate safeguards in place, please contact us at the details below.
6. how to exercise your rights
where applicable under local law, you may have the following rights regarding your personal data: the right to access personal data Johnson & Wales University holds, and in some situations, the right to have that personal data corrected or updated, erased, restricted, or delivered to you or a third party in a usable electronic format (the right to data portability). where applicable, you may also object to how Johnson & Wales University uses your personal data if the legal basis for processing that information is our legitimate interest.
where we are using your personal data on the basis of your consent, and where applicable under local law, you have the right to withdraw that consent at any time. where you have granted consent to receive direct marketing communications from us, and where applicable under local law, you may withdraw that consent at any time. you also have the right to register a complaint to the appropriate data protection authority, where applicable.
if you wish to exercise these rights, or to notify us of a change in your details, or if you have any questions on the content of this notice, please contact the director of admissions at firstname.lastname@example.org.
7. how to contact us
if you have questions or concerns regarding the way in which your personal data has been used, please contact the director of admissions at email@example.com.
we are committed to working with you to obtain a fair resolution of any complaint or concern about your privacy. if, however, you believe that we have not been able to assist with your complaint or concern, you have the right (where applicable) to make a complaint to the appropriate data protection authority. contact information for the eu data protection authorities can be found at //ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
8. changes to the privacy notice
if we change this privacy notice, we will notify you of the changes. where changes to this policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (for example, to object to the processing).
what are cookies?
where does jwu place cookies?
what types of cookies does jwu use and how are they used?
we use two types: persistent cookies and session cookies. a persistent cookie stores your preferences so that we will recognize you as a returning user. persistent cookies personalize your experience of the services and functions offered on our site. after you sign in, a persistent cookie stays in your browser and will be read by jwu.edu when you return to one of our sites or a partner site. session cookies act as “bookmarks” on our site and only last for as long as the session (usually the current visit to a website or a browser session).
categories of use
necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. the website cannot function properly without these cookies.
preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.
statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
marketing cookies are used to track visitors across websites. the intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
what is do not track (dnt)?
dnt is a concept that has been promoted by regulatory agencies such as the u.s. federal trade commission (ftc), for the internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites by using browser settings. the world wide web consortium (w3c) has been working with industry groups, internet browsers, technology companies, and regulators to develop a dnt technology standard. while some progress has been made, it has been slow. no standard has been adopted to this date. as such, jwu has limited ability to respond to “do not track” signals.
how are cookies used for advertising purposes?
cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. they also help us provide aggregated auditing, research, and reporting for advertisers, understand and improve our service, and know when content has been shown to you. note: because your web browser may request advertisements and beacons directly from third party ad network servers, these networks can view, edit, or set third party cookies, just as if you had requested a web page from their site. ads served by jwu.edu may also set third party cookies. unless you clear these cookies from your browser, we may use this information to:
- provide more relevant, interest-based advertising
- provide aggregate reports of ads activity to advertisers and websites hosting the ads
- help website and app owners understand how visitors engage with their sites or apps
- detect and defend against fraud and other risks to protect users and partners
- improve our products
If you reside in the European Union (“EU”), you can at any time change or withdraw your consent from the cookie declaration below. If you do not reside in the EU, in order to control the cookies, you will need to change your internet browser settings (see hyperlinks below.) If you limit the ability of our websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information. Please note that the ag真人平台app site will not work properly without cookies.
browser manufacturers provide help pages relating to cookie management in their products. please see below for more information. (for other browsers not listed below, please consult the documentation that your browser manufacturer provides.)
- google chrome
- internet explorer
- mozilla firefox
- safari (desktop)
- safari (mobile)
- android browser
- opera mobile
Johnson & Wales University’s policy regarding copyright infringement and ag真人平台app’s designated agent for receipt of copyright infringement claims pursuant to the digital millennium copyright act (17 USC § 512) is incorporated herein and follows below.
jwu respects the intellectual property rights of others and requires those that visit our website located at jwu.edu (the “site”) and use our network to do the same. jwu may, in appropriate circumstances and at its discretion, remove or disable access to material on its site or its network that infringes upon the copyright rights of others. jwu also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. in the event that any visitors to our site or users of our network repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals' rights to use our site or network.
if you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify jwu’s copyright agent by written notice. the notice should include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- identification of the location on our site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- your name, address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- a statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
jwu's copyright agent for notice of claims of copyright infringement on our site and our network is nicholas m. tella, director of information security services, who can be reached at following:
By mail: Johnson & Wales University, 8 abbott park place, providence, ri 02903
by email: firstname.lastname@example.org
by telephone: 401-598-3030
by facsimile: 401-598-1588
reporting a missing student
Any person who believes a Johnson & Wales University (ag真人平台app) student is missing should immediately report the situation to campus Safety & Security or to any member of the ag真人平台app residential life staff.
In the event another university office or employee other than a member of Campus Safety and Security receives a report of a missing student, that person shall immediately notify campus Safety & Security of the report received.
Upon receipt of a missing student notification, campus Safety & Security will make a determination of when to implement missing student procedures based on whether there are unusual or suspicious circumstances surrounding the student’s absence and/or whether the student has been absent from campus without explanation for more than 24 hours.
official notification procedures
campus Safety & Security together with other authorized ag真人平台app officials will, after the student has been missing for 24 hours or sooner if they it deem advisable to do so based upon the circumstances presented, initiate official notification procedures according to the Missing Student Response Policy then in place.
if no such policy is in place, campus safety and security shall notify local police and/or other local law enforcement and shall also contact the following in the order they deem advisable:
- the missing student’s “confidential contact,” if any (see below for information on registering a “confidential contact”)
- the parent(s) or legal guardian as well as any other designated contact person of any missing student under the age of 18
- the regular emergency contact provided to health services by the student
once the student has been located, further notifications do not need to be made.
confidential contact option for resident students
a confidential contact is someone in addition to the student’s regular emergency contact whom the student would like jwu to contact if the student is missing.
Only campus Safety & Security and a limited number of other authorized ag真人平台app officials will have access to the identity of a student’s confidential contact in the event a student is missing. ag真人平台app will not disclose the identity of a confidential contact to anyone else (other than local law enforcement if needed for the investigation of the student’s disappearance).
only students who live on campus have the option of registering a “confidential contact.”
confidential contacts may be registered by e-mail from a student’s jwu-issued e-mail address. instructions for registering a confidential contact can be found at:
Any student who would like to receive assistance concerning the registration of his or her confidential contact information may contact campus Safety & Security at his or her campus.
Under the Johnson & Wales University (ag真人平台app) missing student policy, once campus Safety & Security determines that a resident student is or may be missing, that office will contact certain people to see if they know where you are. The people who may be contacted include:
- your emergency contact on file with health services
- your parent or legal guardian if you are under 18 (and not legally emancipated)
- local police
As a resident student, you can also name a confidential contact for campus Safety & Security to notify in the event you are missing. This option is only available to students living in ag真人平台app residence halls.
If you register a confidential contact, the identity of your contact will be kept confidential and cannot be accessed by anyone except campus Safety & Security, a limited number of authorized ag真人平台app officials and local law enforcement if needed for the investigation of your disappearance.
other than these people, jwu personnel will not tell anyone, including your parents, friends or family, who your confidential contact is.
to register a confidential contact, email email@example.com using your jwu e-mail address. copy and paste the following questions into your email and respond to each item:
- your full name (as shown on your student id)
- your student id number (j number)
- your residence hall and room number
- confidential contact name
- confidential contact address
- confidential contact phone number(s)
to modify your submission at any time, please resubmit your confidential contact information in the manner described above. jwu will use the latest submission received from you when responding to an emergency and will consider all prior submissions to be null and void.
confidential contact information provided by you will be maintained separately from your student records and will be used only as described above. jwu may delete your confidential contact information on the earlier of the date when you are no longer a resident student at jwu or five (5) years from the date that information was initially received.
1. acceptance of terms
Johnson & Wales University (“ag真人平台app,” “the university,” “we,” “us,” “our”), provides access to the ag真人平台app website, located at jwu.edu (the “site”) subject to your acceptance of this website user agreement (“agreement”). any person accessing, browsing, framing, using and/or linking to the site, either manually or via an automated device, shall be deemed a “user.” all users are subject to and agree to be bound by this agreement when using the site.
when using a particular feature of the site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. in the event of a conflict between any other agreement, rule, policies, or terms of service and this agreement, the provisions of this agreement shall govern when using the site. if you have any questions about this user agreement please contact jwu by email at firstname.lastname@example.org before using the site.
3. risk; internet use
you assume total responsibility and risk for your use of the site and the internet. you acknowledge and agree that any uploads or transmission you make to, from or through the site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
4. downloading materials from the site
you understand that jwu cannot and does not guarantee or warrant that materials available for downloading from the site, including links, will be free of infection or viruses, worms, trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
5. intellectual property
the contents of the site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the “proprietary content”) is, unless otherwise noted, the property of jwu, its affiliates or partners. the proprietary content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. these rights are protected in all forms, media and technologies existing now or hereinafter developed. you may print and download portions of material from the different areas of the site solely for your non-commercial use. no portion of the proprietary content may be reprinted, republished, modified, or distributed in any form without the express written permission of jwu. you may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works of any of the proprietary content. you may not make any unauthorized copies of any proprietary content.
certain proprietary content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. in addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the site are for identification purposes only, and does not imply an endorsement by jwu of the trademark owner, or vice-versa, or that such trademark owner has authorized jwu to promote its products, services, or content. you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site or the content. any rights not expressly granted by this agreement or any applicable end-user license agreements are reserved by jwu.
except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of jwu or any third party.
6. links to other websites and linking to jwu’s site
any links to other websites are provided merely as a convenience to the users of this site. jwu has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. if you decide to access any of these other sites linked to this site, you do so entirely at your own risk.
any individuals who would like to establish a temporary or permanent link to this site may do so as long as such link is pointed to jwu's homepage at www.jwu.edu. deep linking to any other page on the site except the homepage is permitted only if you obtain permission from jwu. all deep linking requests should be sent to email@example.com. framing any page on the site is expressly prohibited.
7. acceptable and lawful use of the site
any information provided to jwu in connection with use of the site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any jwu or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for jwu or cause us to lose the services of our internet service providers or other suppliers. you may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the site, including but not limited to unsolicited email, also called spam.
8. no warranties
the site and the content and services made available on the site are provided on an "as is" and "as available" basis. jwu does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the site content, any services provided through the site or on the internet generally. some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. jwu does not warrant that the site or services will be uninterrupted or error-free or that defects in the site will be corrected.
9. jwu catalogs
Access to various ag真人平台app Catalogs is provided on the Site. These catalogs are official publications of Johnson & Wales University, and as such, they and any other official publications or policies that are provided on the Site are subject to revision at any time. The University reserves the right to add, withdraw or revise any course, program of study, provision or requirement described within the Catalog as may be deemed necessary. Occasionally, program requirements will vary by the printing date of the catalog or the date such catalog is posted on the Site. Requirements stated in the edition printed closest to the September enrollment date will take precedence. Summer enrollees will follow the catalog requirements for the upcoming year. ag真人平台app students should read and fully understand the rules, regulations and policies described in the various ag真人平台app catalogs.
10. limitation of liability
under no circumstances shall we or any other party involved in creating, producing, or distributing the site or providing content, products or services through the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site (ii) the cost of procurement of substitute merchandise and services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, warranties, guarantees or conduct of jwu or any third party on the site, or (v) any other matter relating to the use of the site.
you hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. in no event shall jwu's total cumulative liability under these terms exceed the lesser amount of any fees paid to jwu, if any, for the use of the site by you or $1.00. because some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. the limitations of liability provided in this agreement inure to the benefit of jwu, our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.
you agree to indemnify, defend and hold jwu and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the site, (ii) your use of products, services, or information provided through the site, or (iii) your breach of any provision of this agreement. jwu reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. in such event, you still are responsible for indemnifying jwu, and you agree to cooperate with jwu in asserting any available defenses.
12. policy regarding copyright infringement and designation of a copyright agent
jwu's policy regarding copyright infringement and jwu's designated agent for receipt of copyright infringement claims pursuant to the digital millennium copyright act (17 USC § 512) is incorporated herein and can be found at the Johnson & Wales University Copyright Notice.
13. system outages
jwu periodically schedules system downtime for maintenance and other purposes. unplanned system outages also may occur. jwu shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the internet infrastructure and network external to the site.
14. user feedback
should any user respond to jwu or any of its employees, agents, professors or others through the site, via email or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any jwu document, the site, or jwu services, such information shall be deemed to be non-confidential and jwu shall have no obligation of any kind with respect to such information. jwu shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
15. your account obligations
certain sections of the site require that you register by providing particular information including a user name and password. in these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the site (the "registration information"); and (ii) maintain and update the registration information to keep it accurate and current. if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the site, future access to the site, or any activities related to your registration and account.
you are responsible for maintaining the confidentiality of your user name and password (collectively, "account information") and are fully responsible for all activities that occur under your account information. you agree that your account information may be used to attribute an electronic record and electronic signature to you. therefore, you shall not disclose your account information to third parties. you agree to notify us immediately of any unauthorized use of your account information or any other breach of security. jwu shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised account information.
16. pricing for products and services
in the event a product, service or the cost of a course or program of study is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, jwu shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. jwu shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the user's credit card has been charged or other payment has been accepted.
this site is not directed to children under the age of 13 and is not intended be used by children under the age of 13. if you are under the age of 13, you agree that you will not use this site and you will not provide personal information about yourself to jwu through the site.
18. governing law
this agreement and access to the site shall be governed by and construed in accordance with the laws of the state of rhode island, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under u.s. federal law.
19. choice of forum
you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of rhode island and of the united states of america located in the state of rhode island for any litigation or disputes arising out of or relating to use of the site and not to commence any litigation relating thereto except in such courts. you hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the rhode island courts and agree not to plead or claim in any rhode island court that such litigation brought therein has been brought in an inconvenient forum.
20. international users
21. severability; no waiver; assignment; third party beneficiary rights; entire agreement
in the event that one or more portions of this agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this agreement. any delay or failure by jwu, at any time or times, to require performance of any provision hereof shall in no manner affect jwu’s right at a later time to enforce such provision. no delay or failure by jwu in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. you may not assign your rights or delegate your responsibilities hereunder without the express written permission of jwu. jwu may, at any time, assign its rights or delegate its obligations hereunder without notice to you. no person who is not a party to this agreement is intended to be a beneficiary of this agreement, and no person who is not a party to this agreement shall have any right to enforce any term of this agreement. this agreement and any documents expressly incorporated by reference constitute the entire agreement between jwu and you pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and documents regarding your use of the site.
the headings used throughout this agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this agreement.
23. updates and modifications
in its sole discretion, jwu may unilaterally amend or modify this agreement or any other documents referenced herein at any time by posting the amended agreement on the site. any amended or modified terms will be effective upon posting. continued use of the site constitutes acceptance of any modified terms and conditions. if you have any questions about this agreement, contact us at firstname.lastname@example.org.
jwu may immediately issue a warning, suspend or terminate your access to the site for breach of this agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.