Terms of Use

1. Acceptance of terms

These Terms of Use ("terms") are an agreement between you, whether personally or on behalf of an entity ("user," "you" or "your"), and Wake Tech Community College ("Wake Tech," "we," "us" or "our") concerning your access to and use of the www.waketech.edu website and all products or services provided on or through our website (collectively, the "website").

Please read these terms carefully before you start to use the website.

These terms set forth the legally binding terms that govern your use of the website. By accessing or using the website, you are accepting these terms on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority and capacity to enter into these terms on behalf of yourself or the entity that you represent. You may not access or use the website or accept the terms if you are not at least 18 years old. If you do not agree with all of the provisions of these terms, do not access or use the website.

1.1 App store terms

To use our app, you must have a mobile device that is compatible with it. We do not warrant that the app will be compatible with your mobile device. You acknowledge that we may issue upgraded versions of the app and may automatically electronically upgrade the version of the app that you are using on your mobile device, but that we have no obligation to do so. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this agreement will apply to all such upgrades.

You acknowledge and agree that the availability of the app is dependent on the third party from whom you received the app license, such as the Apple App Store or Google Play ("app store"). To use the app, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees, if any, charged by the app store in connection with the app. You acknowledge that this agreement is between you and Wake Tech and not with Apple, Google or their app stores. Wake Tech, not Apple, Google or their app stores, is solely responsible for the app, the content therein, maintenance, support services and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).

You agree to comply with, and your license to use the app is conditioned on your compliance with all applicable third-party terms of agreement (e.g., the app store's terms and policies) when using the app. Apple Inc., Google Inc. or Microsoft Corporation will be a third-party beneficiary to this agreement if you access the services using applications developed for Apple iOS, Android or Microsoft Windows-powered mobile devices, respectively. The additional terms and conditions applicable to you, as an end user of our app, available here, apply with respect to any app that we provide to you that is designed for use on an Apple iOS-powered mobile device. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country and that you are not listed on any U.S. government list of prohibited or restricted parties.

2. Changes

These terms may be revised at any time for any reason, and we may provide you with notice of these changes by any reasonable means, including by posting the revised version of the terms on our website. You can determine when we last updated these terms by referring to the "Last Updated" notice at the end of the document. By accessing, browsing or using the website following the posting of changes to these terms, you accept such changes. We recommend that you periodically visit this page of the website to review these Terms.

3. Accounts and registration

To use certain features of the website, you must register for an account and provide certain information about yourself in the account registration form. Each registration is for a single user only. By creating an account, you agree to the following:

• You will provide accurate, current and complete account information.
• You will maintain and promptly update, as necessary, your account information.
• You will maintain the security of your account credentials.
• You will be responsible for the acts or omissions of any third party who has authority to access or use the account on your behalf.
• You will immediately notify us if you discover or otherwise suspect any security breaches related to the website or your account.

You may make any changes to your registration information by following the instructions on the website. You may delete your account at any time, for any reason, by following the instructions on the website. Wake Tech may suspend or terminate your account in accordance with Section 12 below.

4. Access to the website

Subject to these terms, Wake Tech grants you a non-exclusive, non-transferable, revocable, limited license to access and use the website solely for your own personal, non-commercial purposes.

The rights granted to you in these terms are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the website, in whole or in part, or any content displayed on the website.
• You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website.
• You shall not access the website in order to build a similar or competitive website, product or service.
• Except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update or other addition to functionality of the Website shall be subject to these terms. All copyright and other proprietary notices on the website or on any content displayed on the website must be retained on all copies thereof. You acknowledge and agree that, except as expressly set forth in these terms, Wake Tech will have no obligation to provide you with any support or maintenance in connection with the website.

Wake Tech reserves the right, at any time, to modify, suspend or discontinue the website, in whole or in part, with or without notice to you. You agree that Wake Tech will not be liable to you or to any third party for any modification, suspension or discontinuation of the website or any part thereof.

5. Ownership of the website

Excluding any user content that you may provide, as defined below, you acknowledge that the website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof, are owned by Wake Tech, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Neither these terms nor your access to the website transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4 above. Wake Tech and its suppliers reserve all rights not granted in these terms, and there are no implied licenses granted under these terms.

6. Legal requirements/privacy statement

Where Wake Tech has a good-faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena or other valid process, we may disclose IP addresses, personal information and any contents of the website where it is legally compelled to do so. Please read the Wake Tech Privacy Policy, available at https://www.waketech.edu/privacy-policy relating to our collection, use, storage and disclosure of your personal information.

7. User content

User content means any and all information and content that a user submits, uploads, displays, posts or otherwise transmits to or through the website. You are solely responsible for your user content. You assume all risks associated with use of your user content, including any reliance on its accuracy, completeness or usefulness by others or any disclosure of your user content that personally identifies you or any third party. You hereby represent and warrant that your user content does not violate the provisions of Section 8 below. You may not represent or imply to others that your user content is in any way provided, sponsored or endorsed by Wake Tech. Because you alone are responsible for your user content, you may expose yourself to liability if, for example, your user content violates the provisions of Section 8 below. Wake Tech is not obligated to you to preserve or provide backup services for any user content, and your user content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your user content if you desire. You agree that Wake Tech will not be responsible for any loss or damage incurred as the result of any interactions involving user content. If there is a dispute between you and any website user, we are under no obligation to become involved.

Subject to these terms, you hereby grant to Wake Tech, and you represent and warrant that you have the right to grant to Wake Tech, a non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display, store, archive, prepare derivative works of and otherwise use and disclose your user content and to grant sublicenses of the foregoing rights as necessary from time to time to provide the website, and as further set forth in our privacy policy at https://www.waketech.edu/privacy-policy. For clarity, the foregoing license includes any logos, trademarks, trade names and other similar identifying material that you provide through the website. Such license will survive termination of this agreement.

8. Prohibited uses

You agree not to use the website to collect, upload, transmit, display or distribute any of the following types of user content:

• It violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
• It is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene or patently offensive, or it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable.
• It is harmful to minors in any way.
• It is in violation of any law, regulation or obligations or restrictions imposed by any third party.
• It includes credit, debit or other payment card data, other personal financial account numbers or identifiable health information about others.

In addition, you agree not to do any of the following:

• Transmit to the website any computer viruses, worms or any software intended to damage or alter a computer system or data
• Send through the website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise
• Use the website to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent
• Interfere with, disrupt or create an undue burden on servers or networks connected to the website or violate the regulations, policies or procedures of such networks
• Attempt to gain unauthorized access to the website or to other computer systems or networks connected to or used together with the website, whether through password mining or any other means
• Harass or interfere with any other user's use and enjoyment of the website
• Use software or automated agents or scripts to produce multiple accounts on the website or to generate automated searches, requests or queries to strip, scrape or mine data from the website

We reserve the right, but have no obligation, to review any user content and to investigate and take appropriate action against you in our sole discretion for any violation of Section 8 or any other provision of these terms or if you otherwise create liability for us or any other person. Such action may include removing or modifying your user content, terminating your account in accordance with Section 12 and reporting you to law enforcement authorities.

9. Feedback

You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Wake Tech or the website (collectively, "feedback"). Feedback is non-confidential and will become the sole property of Wake Tech. You hereby assign to us all rights in such feedback and agree that Wake Tech shall be entitled to the unrestricted use and dissemination of such feedback and related information in any manner it deems appropriate. You agree that you will not submit to Wake Tech any information or ideas that you consider to be confidential or proprietary.

10. Linked websites and third-party applications

We have not reviewed all of the websites linked to the website or third-party applications or ads accessible through the website and are not responsible for the content of any third-party websites or applications available through the website. Nothing on the website, including without limitation any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Wake Tech. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Wake Tech reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Wake Tech. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Wake Tech, its subsidiaries, affiliates, business partners, licensors, service providers and clients and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the website, any user content that you transmit to or through the website, any violation of these terms by you or any other act or omission by you, including your violation of any rights of another, arising from your use of the website. You further agree that Wake Tech shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to and not in lieu of any other indemnities set forth in an enforceable written agreement between you and Wake Tech.

12. Term and termination

Subject to this section, these terms will remain in full force and effect while you use the website. We may suspend or terminate your rights to use the website, including your account, at any time for any reason at our sole discretion, including for any use of the website in violation of these terms. Upon termination of your rights under these terms, your account and right to access and use the website will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases. Wake Tech will not have any liability whatsoever to you for any termination of your rights under these terms, including for termination of your account or deletion of your user content. Should we choose to terminate these terms, such termination does not constitute a waiver of any of Wake Tech's rights under this agreement or under applicable law.

13. Disclaimers

THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WAKE TECH AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE.

TO THE FULLEST EXTENT PROVIDED BY LAW, WAKE TECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAKE TECH, ITS SUBSIDIARIES, AFFIILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Governing Law and Jurisdiction

All matters relating to the website and these terms and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule, whether of the State of Delaware or any other jurisdiction.

Any legal suit, action or proceeding arising out of or related to these terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, although we retain the right to bring any suit, action or proceeding against you for breach of these terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Notice

All notices, demands or consents given by you under these terms will be in writing and will be deemed given when delivered to Wake Tech to the following contact: [email protected]. Any notices to you may be made via either email or postal mail to the address in Wake Tech's records or via posting on the website. Please report any violations of these terms to Wake Tech at the contact listed above.

18. Export

The website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any U.S. technical data acquired from Wake Tech or any products utilizing such data in violation of the United States export laws or regulations.

19. Electronic communications

The communications between you and Wake Tech use electronic means, whether you use the website or send us emails, or whether Wake Tech posts notices on the website or communicates with you via email. For contractual purposes, you agree to the following:

• You will receive communications from Wake Tech in an electronic form.
• All terms and conditions, agreements, notices, disclosures and other communications that Wake Tech provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard-copy writing.

The foregoing does not affect your non-waivable rights.

20. Entire terms

These terms constitute the entire agreement between you and us regarding the use of the website and supersedes any and all prior understandings and agreements between us respecting such subject matter. The only exception to that is, if you or your company have executed a separate written agreement with us governing your use of the website, then such agreement shall control to the extent that any provision of these terms conflicts with the terms of such agreement. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles in these terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of these terms is, for any reason, held to be invalid or unenforceable, the other provisions of these terms will be unimpaired. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these terms is an agent or partner of the other. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without Wake Tech's prior written consent. Any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. Wake Tech may freely assign these terms, and in such case, these terms shall be binding upon assignees.

21. Copyright/trademark information

Copyright © 2024. All rights reserved. All trademarks, logos and service marks ("marks") displayed on the website are our property or the property of third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party that may own the marks.

22. Contact information

Webmaster
c/o Wake Technical Community College
9101 Fayetteville Road
Raleigh, NC 27603
[email protected]

Last updated: April 15, 2024