Terms & Conditions
Conditions of Use Policy
Thank you for visiting the Merced Community College District’s (“District’s”) web site, mccd.edu (https://www.mccd.edu/), and reviewing our Conditions of Use Policy. You should also be aware that the District has a Privacy Policy, also available on this web site. The District wants you to know about the collection, use, security, and access to information that may be obtained through use of the District’s web portal. By visiting this web site, you are accepting the policies, procedures, and practices described in this Policy. Please read these Conditions of Use (“Conditions” or “Terms” or “Policy”) carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction, or other on-line forum available at the District’s web site, mccd.edu (https://www.mccd.edu/), or other District sites (“site” or “sites” or “web site”). By using and participating in these sites, 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 all sites. District reserves the right to modify these terms at any time and will publish notice of any such modifications on-line at this site or elsewhere on-line. By continuing to access a site after notice of such modifications has been published, you signify your agreement to be bound by them. This Policy covers the following topics:
Personal Information and Choice
Information Collected and How it is Used
What Happens to Information You Submit to Us
Use of Internet Request for Assistance Form Information
Automatic Collection of Information/Cookies
Disclaimer of Warranty/Limitation of Liability
Please note that this Conditions of Use Policy is subject to change without notice, and that it reflects the District’s current business practices. This Conditions of Use policy is dated _____________________.
Also note that each college and department within the District may have additional privacy and conditions of use policies specific to the mission and needs of their work. Be sure to review those policies as you access additional sites within the District.
Disclaimer
Sites may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of these Sites, nor the links to other web sites, are screened, approved, reviewed, or endorsed by District. District is not a publisher of any of the content of the Sites, or of any content that may be available through links to and from them, and is acting solely as an internet service provider. 47 U.S.C. § 230(c)(1).
The text and other material on these Sites are the opinion of the specific author and are not statements of advice, opinion, or information of District. If you feel you might be offended by the content of the Sites, you should not continue.
Personal information and choice
“Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered “electronically collected personal information.”
According to Government Code § 11015.5., “electronically collected personal information” means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to the District by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.
“Electronically collected personal information” that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (e.g., completing a request for assistance, personalizing the content of the web site, sending an e-mail, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the web site.
If any type of personal information is requested on the web site or volunteered by the user, District law, including the Information Practices Act of 1977, Government Code Section 11015.5., and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or District law.
Additionally, departments and colleges of the Merced Community College District are required to adhere to the Privacy Policy which is also accessible on this web site.
Rules for Online Conduct
You agree to use the Sites in accordance with all applicable laws. Because District is a governmental local agency, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on the Site, or on any other District computing resources:
- Content that defames or threatens others
- Harassing statements or content that violates federal or state law
- Content that discusses illegal activities with the intent to commit them
- Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
- Material that contains obscene (i.e. pornographic) language or images
- Advertising or any form of commercial solicitation
- Content that is otherwise unlawful
- Copyrighted material, including without limitation software, graphics, text, photographs, sound, video, and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
- District employees and students using this Site are expected to abide by the Board Policies Section 3000 – General Institutional Policies.
Although District does not routinely screen or monitor content posted by users to the Site, District reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so.
Finally, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Sites.
A special note about children
Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to the District as part of a user profile or personalization profile. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.
If the District decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. The District will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child’s information, and, if they choose, prohibit the District from making further use of their child’s information. The District will not provide personal information about children to third parties.
Information collected and how it is used
We do collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary.
The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering web site statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our web site to continually improve the value of the materials available. Our web site logs do not identify a visitor by personal information, and we make no attempt to link other web sites with the individuals that browse the District’s web site.
Government Code § 11015.5.(a)(6) prohibits all District agencies from distributing or selling any electronically collected personal information, as defined above, about users to any third party without the permission of the user. The District does not sell any “electronically collected personal information.” Any distribution of “electronically collected personal information” will be solely for the purposes for which it was provided to us.
The District may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the District’s web sites.
What happens to information you submit to us?
If you choose to submit information to us, the information will be transmitted through secure lines to our departmental database. Any private information will only be used for the purposes for which it was provided and will not be shared with another entity except as prescribed by law. Please see our Privacy Policy for additional information.
Use of internet request for assistance form information
Any information you provide to us will only be shared with entities involved in your case as necessary. Information you provide may be included with other students’ information to be used for statistical reporting, trending data, and/or investigative actions. For example, we may need to retain information that becomes part of an enforcement action or consumer complaint case for a period of time after the closing date of the case.
If you provide us with information regarding an issue that does not fall within our regulatory jurisdiction, we may refer your information to the appropriate local, state, or federal agency on your behalf.
Surveys
If during your visit to the District’s web site you participate in a survey or send an e-mail, the following additional information will be collected:
- The e-mail address and contents of the e-mail; and
- Information volunteered in response to the survey.
The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us.
The information is retained in accordance with Government Code § 11015.5.
If you send us e-mail
You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other District employees who may be better able to help you, and this staff may be employed by a different agency within the District. Except for authorized law enforcement investigations or, as required by law, we do not share our e-mail with any other organizations.
We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.
Public disclosure
In the state of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by the District or any other government entity. At the same time, there are exceptions to the public’s right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both state and federal laws provide exceptions.
All information collected at this site becomes public record that may be subject to inspection and copying by the public, unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.
Personal information
Under Government Code § 11015.5., if you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.
Automatic collection of information/cookies
When you visit a Merced Community College District website, you should be aware that data linking your computer to a particular website (a “cookie”) may be created. Temporary cookies may be used when necessary to complete a transaction, to process data submitted to us online, to facilitate an ongoing Internet interaction, or to understand trends in the use of District websites. Cookies do not compromise your privacy or security. Using web browser settings, you can refuse the cookies or delete the cookie file from your computer by using any of the widely available methods.
Security
The District, as developer and manager of this web site, has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the entire District operating environment as part of its continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the District’s supported web site. The technical standards governing security are enforced by the Department of Finance.
Links to other sites
This Site has links to sites we feel might be useful to you and which may provide services. When you link to another site, you are no longer on our site and are subject to the privacy policy of the new site. District’s Site may include hyperlinks to websites maintained or controlled by others. District is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered at these websites.
The Merced Community College District accepts no responsibility for the content or accessibility of the external websites or external documents linked to this website.
This web site and the information it contains are provided as a public service by the Merced Community College District. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.
Ownership
In general, information presented on this web site, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, the District does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. In order to use any information on this web site not owned or created by the District, you must seek permission directly from the owning (or holding) sources. The District shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. The District shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.
Permission to Use Materials
In consideration for your agreement to the terms and conditions contained here, District grants you a personal, non-exclusive, non-transferable license to access and use the Sites. User may download material from the Sites only for User’s own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software, or any other content on the Site is permissible rests with User.
Limitation of Use
You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although District does not monitor the content of the Sites, District has the right to remove material from the Sites, block access, or take other action with respect to the Material in its sole discretion, although District is under no obligation to do so. You may not use District computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.
Student Records
All student records of District are kept in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974. Students may request access to academic records which personally identify the student. The student may challenge the accuracy of the record or the appropriateness of its retention. Student consent is needed for the release of records covered by the Act to outside parties (i.e., other schools, prospective employers) except for those agencies entitled to access under the provisions of the Act (i.e., campus officials, federal educational and auditing officers). These provisions apply to records received and used after November 19, 1974.
Copies of the full text of the Family Educational Rights and Privacy Act of 1974 are available in the Admissions and Records office. Particular questions with respect to a student’s prerogative under the Family Educational Rights and Privacy Act should be directed to the Registrar.
Choice of Law/Forum Selection
Sites are hosted by District on computing resources located on the District campus or elsewhere in Merced County, California. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its 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 Merced County, California as the legal forum for any such dispute.
Disclaimer of Warranty/Limitation of Liability
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
District does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, or link to a Site. District does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.
YOU AGREE THAT DISTRICT 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 A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, DISTRICT WILL HAVE NO LIABILTY 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 AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
District makes no representation regarding your ability to transmit and receive information from or through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired. District disclaims any and all liability resulting from or related to such events.
Although the District attempts to maintain the highest accuracy of content on its web site, any errors or omissions should be reported for investigation. The District makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this web site and expressly disclaims liability for errors and omissions in the contents of this web site. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. References or links in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name are for the information and convenience of the public, and do not constitute endorsement, recommendation, or favoring by the Merced Community College District, or its employees or agents.
Trademarks
The logo, name and all graphics on the Sites of District are trademarks of District or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of District or its affiliates is prohibited. All other trademarks or servicemarks appearing on the Site are the marks of their respective owners.
Indemnification
Except for the District’s sole negligence or willful misconduct, you agree to indemnify and hold District harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a Site or your placement of any content onto a Site, and to fully cooperate in District’s defense against any such claims.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Sites will be accurate and complete. District and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Other
The Sites may contain errors and omissions relating to product description, pricing, and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability, or other reason.
Copyright Complaints
District respects the intellectual property rights of others. If you believe your copyright has been violated on a District site, please give notice as stated under Reporting of Alleged Copyright Infringement. anford has designated an agent to receive notifications of alleged copyright infringement in the District.edu, District.org, District.com, sup.org, and supdigital.org domains. If you believe your copyrighted work is being infringed on a District site, please notify the District Information Security Office with the following elements of notification:
- a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
- a description of the infringing material and information sufficient to permit District to locate the material;
- contact information for you, including your address, telephone number, and/or email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
- a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
- a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
Failure to include all of the above-listed information may result in a delay of the processing of your complaint. District will terminate the online privileges of users who infringe the copyright of others.
More information
For information on the Digital Millennium Copyright Act, please see the U.S. Copyright Office website.
General
These Terms constitute the entire agreement between you and District and its affiliates with respect to the subject matter herein and supersedes all prior or contemporaneous oral or written agreements.