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About ACNAcademic Career Network Terms & Conditions of Use, Including Informed Consent & Waiver The Academic Career Network Web Site (ACN) is maintained
by Five Colleges Inc. for ACN’s Member Institutions. ACN is a joint, cooperative
operation of the Member Institutions, and includes the Member Institutions (as
may be listed elsewhere on the Web site or otherwise participate), their current
and future trustees, officers, employees, volunteers, agents and assigns. ACN
does not imply or guarantee that any or all positions or jobs that may be open
or available at any Member Institution will be listed through or on this site,
or that any positions or jobs will be listed for any academic discipline or
academic administrative work. Risks of Participation. I, Participant, understand and agree that I am voluntarily participating in ACN, which is a Web-based database in which I may list personal information with the specific intention of making that information available to the Deans of Member Institutions and their designees for employment purposes. I understand that there are risks associated with posting personal data on a Web database, including misuse and dissemination of my information for unintended purposes by persons known and unknown, and that I could suffer injury as a result of such misuse or dissemination. I, by participation in ACN, voluntarily assume the risks of posting any information with ACN. I understand and agree that ACN makes no guarantee or promise as to the safety or security of my data, its users, or any purpose to which my data may be used. I understand and agree that it is solely my responsibility to ensure that any data I may post is accurate and current, and that ACN assumes no responsibility for any loss or injury that may arise from outdated or inaccurate information. Release and Waiver. In consideration of my participation in ACN, and of other valuable consideration, the receipt and sufficiency of which is acknowledged, I, Participant, to the fullest extent permitted by law, agree to forever release and on behalf of myself, my spouse, heirs, representatives, executors, administrators and assigns, and HEREBY DO FOREVER RELEASE ACN from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence which I or my spouse, heirs, representatives, executors, administrators and assigns may now have, or have in the future against ACN on account of personal injury, bodily injury, property damage, death or accident of any kind, arising out of or in any way related to my participation in ACN described above and elsewhere on this Web site. Exclusion of incidental, consequential or certain other damages. To the maximum extent permitted by law, in no event shall ACN or Five Colleges Inc. be liable for any special, incidental, indirect, punitive or consequential damages for: loss of profits, loss of privacy, failure to meet any duty (including good faith or of reasonable care, negligence or any other or pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use ACN or any support services or failure to provide support services or otherwise in connection with any provision of this service, even if ACN or Five Colleges Inc. has been advised of the possibility of such damages. Limitation of liability and remedies Not withstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages) the entire liability of ACN and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you or US $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law even if any remedy fails its essential purpose. I certify that I am at least eighteen years of age and that I am otherwise legally competent to accept this agreement. I further understand that the terms of this agreement are legally binding, and that it affects important legal rights. I certify that I am entering this agreement after having carefully read and understood the same, voluntarily and of my own free will, with the intent to be legally bound by this agreement, which shall take effect as a sealed instrument. This agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, and I consent to the jurisdiction of said state. I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted under the laws of the Commonwealth of Massachusetts, that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. |
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