ºÚÈË̽»¨

As part of its educational mission, ºÚÈË̽»¨ (Southwestern) maintains computers, computer systems, networks and this website.  These computing resources are intended for institutionally-related purposes, including direct and indirect support of the law school's instruction, scholarship and service missions; administrative functions; student and campus life activities; and the free exchange of ideas within the law school community and among the law school community and the wider local, national and world communities.

These Terms of Use (terms) govern the use of the Southwestern website, and apply to all users of this site whether affiliated with the law school or not, and to all use of this resource whether on campus or from remote locations. By using and participating in this website, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit this site. Southwestern reserves the right to modify these terms at any time; by continuing to access this website after the posting of changes to these terms, you signify your acceptance and agreement to be bound by them.

Acceptable Use

In consideration for your agreement to the terms and conditions contained herein, Southwestern grants you permission to access and use this website.  Law school computing resources are provided to support the instructional, research and administrative activities of the law school. Resources should not be used for personal or private activities not related to appropriate law school functions, except in an incidental manner.

Limitations on Use

Access to Southwestern's computing resources is a privilege. The law school may revoke this privilege without notice and/or take other disciplinary action against any individual who fails to comply with these terms. Activities which violate these terms include, but are not limited to, the activities on the following list:

1. Any use that violates local, state or federal law
2. Any use that violates any policy, procedure or rule contained in Southwestern's Institutional/Student Policies
3. Using the law school network to gain unauthorized access to any computer system
4. Connecting unauthorized equipment to the law school network or network component
5. Attempting to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data.           
6. Performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks       
7. Running or installing on any computer or network a program intended to damage, interfere with, or place excessive load on the computer system or network. This includes, but is not limited to, computer viruses, Trojan Horses, and worms.
8. Violating terms of applicable software licensing agreements or copyright laws
9. Violating copyright laws and their fair use provisions through inappropriate reproduction of copyrighted text, images, etc.
10. Using law school resources for any commercial activity or personal financial gain
11. Using electronic mail to harass or threaten others. This includes sending repeated, unwanted e-mail to others. The term "others" is not restricted to Southwestern students, faculty and staff, but also includes persons not registered at, affiliated with or employed by the law school.
12. Initiating or propagating electronic chain letters       
13. Initiating mass mailings. This includes multiple mailings to news groups, mailing lists, or individuals, e.g. spamming, flooding, or bombing.             
14.  Forging the identity of another person or machine in an electronic communication
15. Transmitting or reproducing materials that are defamatory in nature, or that otherwise violate existing local, state or federal laws or law school policies, rules or regulations
16. Creating an intimidating, hostile or offensive educational environment by displaying images or text where it can be viewed by others with the intent, or having the effect of unreasonably interfering with another's educational or work performance. Law School computing facilities may not be used as instruments for harassment based on race, color, gender, disability, religion, national origin, sexual orientation or age
17. Attempting to monitor or tamper with another's electronic communications, or reading, copying, changing or deleting another's files or software without the explicit agreement of the owner
18. Disclosing your password to another person or permitting another person to use your account
19. Using the Southwestern name, logo or copyrights in a way that suggests or implies institutional authorization or endorsement.

Sanctions                 

Southwestern may, immediately and in its sole discretion, suspend or modify, without notice, network access for actual or suspected violations of these terms. Possible actions include halting a program running on law school equipment; disconnecting remote systems from the network; removing offending files from the system or rendering them inaccessible; and disabling user accounts.            

Violations of these terms may result in the loss of computing privileges, administrative disciplinary action, and/or referral to the Student Faculty Relations Committee. Activity which is illegal under local, state or federal law also will be referred to the appropriate law enforcement
authorities.

Trademarks

The logo, names and all graphics on this website are trademarks of Southwestern. Use, reproduction, copying or redistribution of trademarks without the written permission of Southwestern is prohibited. All other trademarks or servicemarks appearing on this website are the marks of their respective owners.

Content Filtering/Control Provision

In accordance with 47 U.S.C. section 230(d), Southwestern is here notifying you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that could be harmful to minors. 

Privacy and Confidentiality

The law school reserves the right to inspect, examine, or monitor any law school-owned or operated communication system, computing resource and/or information contained therein at any time. Southwestern does not routinely screen or monitor content posted by users to this website, but the law school reserves the right to remove content which violates any of these terms of which it becomes aware, but is under no obligation to do so.

Users acknowledge and agree that Southwestern has the right, but not the obligation or responsibility, to monitor this website and site-related services, and to disclose any information to any third party in order to operate this site properly; to protect itself, its sponsors and users of this website; to comply with legal obligations or government requests; or to respond to any circumstance that Southwestern deems to be an emergency. The law school reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable or in violation of these terms, in the sole determination of Southwestern.

In cases of suspected violations of Southwestern policies or these terms, especially unauthorized access to computing systems, the system administrator may take such measures as are necessary including authorizing detailed session logging. This may involve capturing and retaining a complete keystroke log of an entire session. In addition, the system administrator may authorize limited searching of user files on individual or networked computers to gather evidence on a suspected violation.

If inspection or examination of any law school-owned or operated communication system, computing resource and/or file or information contained therein is requested by a source outside the law school, the law school will treat the information as confidential unless any one of the following conditions exists:

• When authorized by the owner of the information
• When required by local, state, or federal law
• When required by a valid subpoena or court order
• When authorized by the Dean or the Dean's designate

Disclaimer

The law school attempts to maintain an error-free hardware and software environment for its students and to ensure that computing staff is properly trained. Nevertheless, it is impossible to ensure that hardware or system software errors will not occur, or that staff will always give correct advice. The law school presents no warranty, either express or implied, for the services provided. Damages or loss resulting directly or indirectly from the use of these resources are the sole responsibility of the user.

As part of the services available through the Southwestern network, a large number of lists, newsgroups and other Internet information sources can be accessed. These materials are not affiliated with, endorsed by, edited by, or reviewed by the law school, and the law school takes no responsibility for the truth or accuracy of the content found within these information sources. Moreover, some of these sources may contain material that is offensive or objectionable to some users. Users assume total responsibility and risk for their use of this website and site-related services.

Indemnification

You agree to indemnify and hold Southwestern harmless from any and all claims, losses, damages, or other expenses, including legal fees, resulting directly or indirectly from your violation of these Terms of Use, your use of the website, or your placement of any content onto the website, and to fully cooperate in Southwestern's defense against any such claims.

Choice of Law/Forum Selection

This website is hosted by Southwestern on computing resources located at the Southwestern campus or elsewhere in Los Angeles County, California.  You agree that any dispute arising out of or relating to these terms or any content posted to this website, including copies and republication of such content, whether the conflict is based in contract, tort, statutory or any other
law, will be governed by the laws of the State of California, excluding any conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any such dispute.

Disclaimer of Warranty/Limitation of Liability

This site and any information, products or services associated with this site is provided on an "as is" basis, without warranty of any kind, either express or implied, including (without limitation) the implied warranties of merchantability, fitness for use for a particular purpose, or noninfringement.

Southwestern does not warrant, and hereby disclaims any warranties, either express or implied, the accuracy or completeness of any aspect of this website, information obtained from this site, or in regard to a link to another site.  Southwestern does not warrant that this website will operate in an error-free or uninterrupted manner, or that this site is free of viruses or other electronic risks of harm or damage. Use of this site and of information obtained through this site is fully at your own risk.

You agree that Southwestern will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or to your (or any third party's) use or inability to use this site, or to your placement of content on this site, or to your reliance upon information obtained from or through this site. In particular, Southwestern will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in the availability of data), arising out of or relating to these terms, your use of or inability to use this site, any purchases on this site, your placement of content on this site, or to your reliance upon information obtained from or through this site, whether based in contract, tort, statutory or other law (except in the case of death or personal injury where and only to the extent that applicable law requires such liability).

Southwestern makes no representation regarding your ability to transmit and receive information from or through this website and you agree and acknowledge that your ability to access this site may be impaired. Southwestern disclaims any and all liability resulting from or related to such events.

Users specifically acknowledge that Southwestern is not liable for the defamatory, offensive, or illegal conduct of other users or third parties, and that the risk of injury from the foregoing rests entirely with the user. The sole remedy for dissatisfaction with this website, site-related services, and content or information contained within this site is for the user to stop using this site and these services.

Further Terms

In the event that any of the foregoing terms shall be held by a court of competent jurisdiction to be unenforceable, such terms or provisions shall be limited or eliminated to the minimum extent necessary so that the body of these Terms of Use shall otherwise remain in full force and effect and be thereby enforceable.

These Terms of Use comprise the full set of terms governing the use of this website, and any and all other terms, written or oral, are hereby expressly canceled.  No waiver by Southwestern of any breach or default of these terms shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption, or paragraph title contained in these terms is inserted only as a matter of convenience and in no way defines, explains or limits any paragraph or provision herein.