TERMS OF USE AGREEMENT

This is an agreement between the user of this website and The Regents of the University of California, which serves as the lead entity for the ASSIST system on behalf of the California Community College, California State University, and University of California systems (collectively referred to as “PARTNERS”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, WHICH GOVERN THE USE OF THIS WEBSITE.

ASSIST is an online student transfer information system that shows how course credits earned at one public California college or university can be applied when transferred to another. ASSIST is the official repository of articulation for California’s public colleges and universities and provides the most accurate and up-to-date information about student transfer in California. The ASSIST website, and affiliated ASSIST Resource Center website, (“WEBSITE”) are composed of various public webpages providing course transferability information, general education designations, and articulation agreements. Also provided are tutorials, news and announcements, training guides, and other resources. The Regents of the University of California own the WEBSITE operated by the University of California Office of the President (referred to as “UCOP,” “we,” “us,” or “our”).

The information contained in the WEBSITE is offered to a user subject to user’s acceptance of the terms, conditions, and notices contained herein without modification. A user’s use of the WEBSITE constitutes a user’s agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

UCOP reserves the right to change the terms, conditions, and notices under which the WEBSITE is offered, including but not limited to any charges associated with the use of the WEBSITE.

LINKS TO THIRD PARTY SITES

The WEBSITE may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of UCOP, and UCOP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UCOP is not responsible for webcasting or any other form of transmission received from any Linked Site. UCOP is providing these links to users only as a convenience, and the inclusion of any link does not imply endorsement by UCOP of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of a user’s use of the WEBSITE, a user warrants to UCOP that a user will not use the WEBSITE for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users may not use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with any other party’s use and enjoyment of the WEBSITE. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WEBSITE. Use of ASSIST data without permission is prohibited.

USE OF ASSIST SERVICES

The WEBSITE may contain message or communication facilities designed to enable a user to communicate with the public at large or with a group (collectively, “ASSIST Services”). Users agree to use the ASSIST Services only to post, send, and receive messages and material that are proper and related to the particular ASSIST Service. By way of example, and not as a limitation, a user agrees that when using an ASSIST Service or, more broadly, the WEBSITE, the user will not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless users own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such ASSIST Service specifically allows such messages.
Download any file posted by another user of an ASSIST Service that users know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the ASSIST Services.
Violate any code of conduct or other guidelines that may be applicable for any particular ASSIST Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

UCOP has no obligation to monitor the ASSIST Services. However, UCOP reserves the right to review materials posted to an ASSIST Service and to remove any materials in its sole discretion. UCOP reserves the right to terminate a user’s access to any or all of the ASSIST Services at any time without notice for any reason whatsoever.

UCOP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in UCOP’s sole discretion.

Always use caution when giving out any personally identifying information in any ASSIST Service. UCOP does not control or endorse the content, messages, or information found in any ASSIST Service and, therefore, UCOP specifically disclaims any liability with regard to the ASSIST Services and any actions resulting from a user’s participation in any ASSIST Service. Managers and hosts are not authorized UCOP spokespersons, and their views do not necessarily reflect those of UCOP.

Materials uploaded to an ASSIST Service may be subject to posted limitations on usage, reproduction, and/or dissemination. Users are responsible for adhering to such limitations if users download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UCOP AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO A USER’S SITUATION.

UCOP AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UCOP AND/OR ITS PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UCOP AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF UCOP OR ANY OF ITS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS MAY NOT ALLOW SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO A USER. IF A USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, A USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SERVICE/SUPPORT CONTACT

For service/support questions and concerns, contact help@assist.org.

TERMINATION/ACCESS RESTRICTION

UCOP reserves the right, in its sole discretion, to terminate a user’s access to the WEBSITE and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of California, U.S.A. and users hereby consent to the exclusive jurisdiction and venue of state courts in Alameda County, California, U.S.A. (or, if applicable, the federal court located in the Northern District of California) for all disputes arising out of or relating to the use of the WEBSITE. Use of the WEBSITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Users agree that no joint venture, partnership, employment, or agency relationship exists between a user and UCOP as a result of this agreement or use of the WEBSITE. UCOP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UCOP’s right to comply with governmental, court, and law enforcement requests or requirements relating to a user’s use of the WEBSITE or information provided to or gathered by UCOP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified expressly herein or in a separate agreement, this agreement constitutes the entire agreement between the user and UCOP with respect to the WEBSITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and UCOP with respect to the WEBSITE. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT

TRADEMARKS

The names and other references to third party companies and their products and services mentioned herein may be the trademarks of their respective owners, and such references do not reflect that these third parties or their goods/services are sponsored by, affiliated with, approved by, or otherwise connected with the PARTNERS.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Section 512 of Title 17 of the United States Code, notifications of claimed copyright infringement under United States copyright law must fulfill all of the notification requirements of Section 512(c)(3), and the notice should be sent to UCOP’s Designated Agent:

UCOP Digital Millennium Copyright Act (DMCA) Designated Agent
1111 Franklin St.
Oakland, CA 94607

Or via e-mail: dmca@ucop.edu

UCOP has adopted a repeat infringer policy that provides for the termination in appropriate circumstances of users who are repeat infringers.