TERMS AND CONDITIONS OF USE OF HIGHERED360.COM
These Terms and Conditions of Use (the "Terms") constitute a legal agreement between you (except as otherwise defined herein, a "User") and Internet Employment Linkage, Inc. ("IEL"), publisher of HigherEd360.com ("IEL"), for the use of this Internet Website (the "Website"). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by IEL and all applicable laws and regulations. Accessing or using this Website indicates that User has reviewed these Terms, agrees to be bound by these Terms, and represents and warrants to IEL that User is authorized to enter into and be bound by these Terms on User's behalf or on behalf of the entity that User represents.
IEL maintains this Website to provide information about IEL and its products and services, and to facilitate the purchase and use of IEL products and services on the Website by registered Users. Access to this Website is limited to viewing the linked web pages solely for legitimate business purposes. Any access or attempt to access other areas of the IEL computer system or other information contained on the system for any purposes is strictly prohibited.
- Website Use.
- "Users" shall be defined as Employers or Job Seekers, as well as anyone else who uses the website. "Employers" shall be defined as all employees and agents of the employer who use the website to purchase products (recruitment or advertising) or list job postings. "Job Seekers" shall be defined as anyone who uses the website who is not an Employer.
- Users who are Job Seekers ("Job Seekers") are permitted to view the job postings or other content on the site or may register in MyHigherEd360 ("MyHE360"). MyHE360 users are able to use enhanced features such as resume and vitae postings, cover letters, job agents, and organize tasks. MyHE360 users are strictly prohibited from entering their Social Security Number, Immigration Visa Number, Driver's License Number, or any other unique personal number or identification in any part of their account. IEL reserves the right to delete any unused MyHE360 account after six (6) months of inactivity.
- Registration. If a User chooses to establish an account on the Website, he or she shall register for their own user account. IEL expressly prohibits more than one individual to register as a single user (i.e. no multiple user accounts). Users that wish to create an account must register on the Website. IEL may accept or reject any request for registration in its sole discretion. User represents, warrants and covenants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. User is solely responsible for maintaining the security of its account and password. User is solely responsible for any use of or action taken under its account and password on the Website. User is responsible for changing its account name and password if either is compromised. User agrees that IEL, in its sole discretion, may terminate User's password or account or use of the Website for any reason, including, without limitation, for lack of use, or if IEL believes that User has violated or acted inconsistently with these Terms. User agrees that any termination of User's password or account or use of the Website may be effected without prior notice, and acknowledges and agrees that IEL may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such information and files. Further, User agrees that IEL shall not be liable to User or any third-party for any termination of User's access as provided herein.
- General. User agrees that it will not republish, reproduce, sell, resell, distribute (through framing or otherwise) or make any commercial use of the Website, or any of the information available through this Website, except for the limited uses permitted pursuant to Section 7 below.
- Use. User agrees that while using this Website, User will not transmit or post on the Website: (i) any message or information under a false name; (ii) any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; (iii) any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information which would violate a person's rights of privacy or publicity; (iv) any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; or (v) any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, patents, privacy and publicity rights, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion. IEL maintains the exclusive right to determine what constitutes a violation of subsections (i) - (iv) above. Additionally, User agrees that while using this Website, User will not interfere, in any way, with other's use of or access to this Website, or take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
- User hereby agrees that any recommendations made by User for the improvement of this Website shall be the sole property of IEL, and that any recommendations submitted to IEL via this Website by User will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such recommendations worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. User represents and warrants that User has the authority to grant this license to its recommendations, and that User will defend, indemnify, and hold harmless IEL, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs), arising out of or relating to User's recommendations.
- Website Content.
- The information and materials posted on this Website by IEL or Users may contain errors, omissions, or typographical errors or may be out of date. IEL may change, delete, or update any information or materials posted by IEL at any time, from time to time, without prior notice. The information and materials posted on this Website by IEL are provided for informational purposes only and are not binding on IEL in any way except as otherwise expressly agreed to in writing by IEL.
- Links and references to other Internet Websites operated by third parties do not constitute sponsorship, endorsement, or approval by IEL of the content, policies, or practices of such linked or referenced Websites. Linked and referenced Websites are not operated, controlled, or maintained by IEL, and IEL is not responsible for the availability, content, policies, or practices of linked or referenced Websites. Links and references to other Websites are provided for User's convenience only, and User accesses them at User's own risk. IEL MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES.
- Employers may not reference any third party organization to the job unless the application process is being handled by the named third party.
- DISCLAIMER OF WARRANTY. THIS WEBSITE AND ALL WEBSITE CONTENT IS PROVIDED TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. USER ACCESSES THIS SITE AT USER'S OWN RISK. Without limiting the generality of the foregoing, (i) IEL makes no warranties or representations whatsoever concerning this Website or any other Internet Website, the access to, or the availability or use of, this Website or any other Internet Website, the information, materials, records or documents from whatever source posted on or referred to in this Website or any other Internet Website or the content, accuracy, completeness or timeliness of such information, materials, records or documents; (ii) IEL does not warrant or represent that User's access to, or use of, this Website or any other Internet Website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Website or any other Internet Website is, or the records, documents, software or files from whatever source available for use or downloading are free of computer viruses or other harmful components; (iii) IEL does not represent or warrant that any products or services listed on, or accessed through, this Website will be available for purchase and under these Terms makes no representation or warranty of any kind whatsoever concerning such products or services; and (iv) IEL does not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to User.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL IEL BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF IEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER'S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.
- Trademarks and Copyrights. Unless otherwise noted, the trademarks, logos, and service marks used on this Website are owned by IEL or by third parties that have licensed their use to IEL. User may make a single copy of the content of this Website for the purpose of learning about, evaluating, or acquiring IEL's products, provided that any copy made contains all copyright notices, trademark legends, or other proprietary rights notices. Other use of these marks or Website content (including job postings), except as specifically permitted in these Terms or in a writing signed by IEL, is strictly prohibited. Elements of this Website are protected by trade dress, copyright, trademark, unfair competition, and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website.
- Indemnification. User agrees to defend, indemnify, and hold harmless IEL, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Website. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any product or service provided to User arising out of or relating to User's use of this Website.
- Limited Use. IEL grants to User its limited permission to display on User's computer, print, download and use solely for purposes of posting job openings, as to Employers, or searching for jobs for themselves, for Job Seekers, the underlying HTML, text, images, audio clips, video clips, software and other content available on this Website. No other use is permitted. The content in this Website may not otherwise be modified, copied, reproduced, transmitted, displayed onto User's or any other person's web page by framing or similar means, downloaded, uploaded, posted, distributed, rented, licensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without IEL's prior written consent. User agrees to include with and display on each copy of such content the associated copyright and intellectual property notice, provided however that the User first receives IEL's prior written consent to the creation of such copy.
- Restricted Access. Certain pages on this Website require a password. Any access or attempted access to restricted pages without first obtaining a password from IEL is unlawful and could result in civil and/or criminal penalties. IEL reserves the right to issue a password to any person or entity, or revoke a password at any time without notice.
- Terms Applicable to Employer Purchases and Use of the Website
- An individual job posting is intended to advertise one single open position at an organization. A position posting is sold based per opening and is not a license for duration of time to advertise multiple positions. The posted position must be a bona fide open position which needs to be filled by a candidate.
- By posting a position on this site or purchasing a promotional product, Employer warrants that the posting is in compliance with all laws, including, but not limited to, all federal employment discrimination laws (Title VII of the Civil Rights Act of 1964, 42 U.S.C. Â§ 2000e and following; the Age Discrimination in Employment Act, 29 U.S.C. Â§ 621 and following; the Americans with Disabilities Act, 42 U.S.C. Â§ 12101 and following; the Rehabilitation Act of 1973, 29 U.S.C. Â§ 791 and following; the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. Â§ 4301 and following; 42 U.S.C. Â§ 1981; and Executive Order 11246 and its implementing regulations (collectively, the "Federal Employment Discrimination Laws")). Employer further represents and warrants that it considers all qualified applicants for employment regardless of the applicant's membership in a class protected by the Federal Employment Discrimination Laws (unless membership in such a class is a bona fide occupational qualification for the position at issue) and that its hiring practices with respect to any posted position comply with all laws, including the Federal Employment Discrimination laws. Employer will assume all responsibility for the content of the posting and for any employment decisions relating to the job advertised in the posting.
- Federal law provides that it shall be an unlawful employment practice for an employer or an employment agency to publish an ad for a job opening which lists a preference or limitation based on race. Federal law further provides that it shall be an unlawful employment practice for an employer or an employment agency to publish an ad for a job opening which lists a preference or limitation based on sex, religion, national origin or age unless that preference or limitation is a bona fide occupational qualification for employment. Employers shall not post a position with such a preference or limitation unless there is a bona fide occupational qualification for the preference or limitation related to the nature of the posted position. If a position were posted with such a preference or limitation under this agreement, IEL would presume that there is a bona fide occupational qualification for the preference or limitation related to the nature of the posted position.
- The Internet is NOT a completely secure format and requires the attention of all parties involved to keep the materials accurate. IEL will exercise commercially reasonable care in protecting the security of this Website. However, mistaken job postings may occur and the Employer is required to review the insertion of the job posting after receiving the posting confirmation email and call to the attention of IEL any error. In the event of an error, the sole obligation of IEL will be to use commercially reasonable efforts to correct the error.
- Each access purchased to the Resume Database is for the single campus Unlimited Posting Subscription Product or single organizational Registered Employer Product for whom the product has been purchased. Any other access is strictly prohibited and would entitle IEL to ten-thousand dollars ($10,000) per occurrence in liquidated damages.
- Employer warrants that it is legally authorized to advertise the job or purchase a promotional product, and that their posting does not infringe on any copyrights, patents, trademarks or violate any contracts to which the job poster is a party. Employer will indemnify IEL defend, and hold harmless IEL, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs) for any claims made by third parties related to the advertisements. IEL reserves the right to reject any submitted order without having to state a specific reason. Possible reasons for rejection include, but are not limited to: Accreditation of the institution, content of the posting, applicability to the site's Job Seekers, authenticity of the order and past credit history with the company.
- Non-Transferable: No product or user account can be transferred by the institution that owns the product and the user who established an account. Employees who have replaced previous employees who purchased products may be eligible to use the previously purchased product, but will be required to establish his or her own account.
- Integration of Job Posting Data: Employers may choose to have their job postings posted via an automated system. This process may incur an additional fee. Prior to the posting of positions, IEL will acquire a separate written confirmation (electronic or otherwise) from the employer of how to acquire the job postings, other possible unique modifications to these terms, as well as to any additional costs.
- By posting a job to this site, Employer authorizes IEL to post this position on other sites which are wholly owned by the company (currently these are HigherEdJobs.com and ConferenceJobCenter.com) or aggregators (such as Indeed.com) used by IEL to promote the website. The posting would be at no extra charge to the Employer. IEL does not and will not share any posting with any other company without a specific authorization from the Employer. If Employer sees their posting on another site (other than IEL sites), please contact us immediately as the other site is not authorized to have our content.
- Purchases Made By Third Parties
- A commission is allowed to third parties who are qualified advertising agencies and who submit their product orders via the relevant Advertising Agency Posting Form for the purchased product, but will NOT be allowed to agencies that use Non-Agency forms. A commission is allowed to advertising agencies that have worked with and are recognized by IEL for employer products. A commission equal to 15% of the invoice is allowed to agencies that have clearly identified themselves as an Advertising Agency or IEL has provided written recognition as a reseller. Payment is due within 30 days of invoice date. Commissions are not allowed on invoices that are paid 45 days or more past the invoice date (a past due amount). Any agency with a past due amount will not qualify for a commission for any outstanding invoice irrespective of the invoice date. Agencies who have paid past due amounts will again be eligible for a commission once their account has been paid in full for 45 days. Unlimited Posting Subscription products are NOT eligible for advertising agency commissions.
- Third parties are able to purchase products on behalf of an individual client. All references in these Terms that refer to "employer" also include advertising agencies that are posting positions or purchasing a promotional product on behalf of another party. The agency represents and warrants that it is legally authorized to advertise the job or make the purchase on behalf of its client, and that the content advertised in their purchase does not infringe on any copyrights, patents, trademarks or violate any contracts to which the third party or their client is a party. The third party will indemnify, defend and hold harmless IEL, publisher of IEL, for any claims made by third parties (including their client) related to the purchase.
- Third parties are strictly forbidden to use logins of any other parties. A third party who takes on a client must contact IEL and receive the proper clearance to establish their own login on their client's account. Failure to do so can create negative consequences for IEL's relationship with its client. Due to the fact the damages are difficult to quantify, third parties agree any violation of this term will result in liquidated damages of five-hundred dollars ($500) and the termination of any qualified advertising agency commission for all sales by that agency for a period of six (6) months from the point of the infraction.
- Unlimited Posting Subscription Product
- A single campus or unit of a campus (no longer a new product - specifically grandfathered renewals only) can subscribe to self-post an unlimited number of open faculty and staff positions for a campus or within a campus unit for one year.
- This account will permit the Employer's listed contacts to post an unlimited number of faculty and staff positions (includes only items listed as part of the product) for the Institution (an "Institution" is defined as a specific campus within an overall non-profit college or university - based on where the future hire will be located) on the Website for one year through their personal employer page. The cost for renewal years is only applicable where a subscription was purchased in the prior year and service was uninterrupted. The one-year period will begin the date the account is created.
- The Subscribed Employer understands and agrees to only post jobs related to the Institution named in the subscription account. Posting for other institutions requires individual subscriptions for each institution. The subscriber agrees to pay IEL the current retail price for single postings listed at www.HigherEd360.com/products for each position posted for an institution NOT named in the account.
- Single Posting Product: The Single Posting Product is NOT included in the price of an IEL Unlimited Posting Subscription or Job Pack products. The Single Posting Product requires IEL to process the request through a different posting and security system that is significantly more labor intensive as compared to other systems. Employers who have purchased products other than Single Posting Product who post use the Single Posting Product form agree to pay the additional fees generated by such posting.
- Any products stored into an Employer account (e.g. affirmative action emails, priority jobs, social media upgrades, VIP positions) will expire at the end of one (1) year from the date of purchase or at the expiration the Unlimited Posting Subscription product (if applicable) term, whichever is earlier.
- When payment is made by voucher (check), the Employer agrees to place (in a conspicuous area) the invoice number or transaction ID on the payment. If the invoice number or transaction ID is not placed on the payment, the Employer acknowledges and agrees that IEL shall credit the unmarked payment to the earliest issued outstanding invoice. In the case of a dispute at a later date, Employer agrees to adjust their accounting records to reflect the application of the unmarked payment. No acceptance of partial payment shall constitute a waiver of any rights to collect the full balance of an outstanding invoice.
- Rejection of Purchase Orders and Modified/Additional Terms: IEL allows for the inclusion on its invoice of a purchase or insertion order ("PO/IO") number as an invoicing convenience for its customers. IEL does not accept, review, or retain any PO/IO forwarded by any customer except to confirm the PO/IO number (for the customer's tracking purposes). IEL considers any PO/IO the Employer's internal tracking document and not a contract to do business. Any PO/IO or other documents which add, edit, or delete any term related to the purchase of any offering of IEL are specifically rejected unless the document has an original signature of an officer of IEL, publisher of IEL, which specifically acknowledges agreement to the terms.
- Rejection of Vendor Systems and Modified/Additional Terms: Over the years, institutions have moved to methods of recording vendor data. IEL has not and does not participate in any vendor procurement system offered by any private or public entity that has additional, modified or deleted terms to this agreement. IEL is willing to engage in a negotiation of these terms in order to meet specific needs of customers and has done so numerous times. If IEL happens to use any of these systems, solely as a convenience for our client, that may add, modify or delete terms (many times terms are not apparent while registering), ALL ADDITIONAL MODIFIED, OR DELETED TERMS ARE REJECTED. Any electronic system, institutional form, or any other instrument that adds, edits, or deletes any term related to the purchase of any offering of IEL are specifically rejected unless the document has an original signature of an officer of IEL, publisher of IEL, which specifically acknowledges agreement to the terms.
- Collection Costs: Employer agrees to reimburse IEL for any costs and expenses relating to collection of amounts past due hereunder or otherwise enforcing this agreement hereof (including the costs of a professional collection agency) incurred by IEL. All costs are in addition to the unpaid amount of the invoice.
- The fees for all types of job posting products (and their duration, if applicable) are listed and updated at www.HigherEd360.com/products and are hereby incorporated by reference in this agreement, including any updates to such pricing without any requirement of notice for such changes.
- Services not purchased by credit card will be invoiced immediately to the customer with net 30 days terms.
- All prices are quoted in U.S. Dollars and are valid and effective only in the United States. IEL reserves the right, without prior notice, to discontinue or change specifications on any products or services offered or provided on this Website without incurring any obligations to User or any third party. Users who do not use credit cards agree to pay IEL by check (not a wire transfer) in U.S. Dollars drawn on an account with a U.S. bank.
- Changes in Terms; Termination.
- IEL shall have the right at any time, and from time to time, without prior notice, to modify this agreement or to impose new terms and conditions with respect to access to or use of this Website. Such modifications and additions shall be effective immediately upon posting to the Home Page of this Website as well as the home page of any online account. Notice may be given by any means, including, without limitation, posting the modified or additional terms and conditions on the Home Page of this Website. Any access or use of this Website by a User after notice of modifications or additions to these Terms shall constitute and be deemed to be such User's agreement to such modifications or additions.
- IEL shall have the right to modify or discontinue, temporarily or permanently, this Website, any products or Services offered or provided by IEL through this Website, or any User's right to access or use any portion of this Website, in IEL's sole discretion, at any time and without prior notice. User acknowledges and agrees that IEL shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Website or any products or Services offered or provided by IEL through this Website.
Applicable Law. IEL controls its Website (excluding linked sites) from its offices in Oak Park, Illinois,
United States of America and makes no representation that any content contained in this Website is
appropriate or available for use in other locations. Accessing this Website or use of any of its content
from locations where such use or content is illegal is prohibited. By accessing this Website User
agrees that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of
law, will apply to all matters relating to use of this Website and that if User uses this Website from any
other location, User is responsible for compliance with applicable local laws. Any claim relating to the
IEL Website shall be litigated in the state or federal court located in Cook County, Illinois, U.S.A., and
User hereby consents to the exclusive jurisdiction and venue of those courts. If IEL prevails in a suit
against User for breach of the Terms, user shall be responsible for paying IEL's attorney's fees
incurred as a result of the suit. If any part of this agreement is deemed unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the validity and enforceability of
any remaining provisions.
All job postings are intellectual property of IEL and all parties are strictly prohibited from any form of reproduction of this content. All job posters acknowledge the job posting placed on IEL is the intellectual property of IEL and may also be placed on any other appropriate site owned by IEL.
Copyright Protection. IEL honors the intellectual property rights of others and asks the same of
Users of this site. IEL may, in its sole discretion, terminate the accounts or access rights of Users, for
any reason, including without limitation if IEL discovers that a User's actions may infringe or otherwise
violate the intellectual property rights of others. If you believe your work has been infringed, please
provide IEL with the following information: (a) a physical or electronic signature of a person authorized
to act on the behalf of the owner of the intellectual property; (b) identification of the copyrighted work
claimed to have been infringed or, if multiple copyrighted works, a representative list; (c) identification
of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably sufficient to permit IEL to
identify the material; (d) information that is reasonably sufficient to permit IEL to contact the
complaining party, such as address, telephone number and, if available, e-mail address; (e) a
statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that
the information in the notification is accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. IEL can be
Andrew W. Hibel
Chief Operating Officer
715 Lake Street, Suite 400
Oak Park, IL 60301
- Waiver. These Terms may be waived only in a writing signed by an officer of IEL. No waiver by IEL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.
- Force Majeure. IEL shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
- Non-Assignment by User. These Terms shall be binding on the successors and assigns of the parties, including but not limited to the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without IEL's prior express written consent.
- Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to IEL by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon IEL by these Terms and by law shall be cumulative and in addition to any other right or remedy available to IEL.