Terms and Conditions
Effective Date: This policy is effective and was last updated on March 1, 2015.
Welcome to the website of the Thomas J. Watson Foundation ("Watson", "we" or "us"). These are the Terms and Conditions ("Terms and Conditions") governing your access to and use of www.watson.foundation or any web pages under our domain (the "Website"), including any content, functionality and services offered on or through the Website, whether as a guest or as a registered user. Access and use of the Website are subject to these Terms and Conditions and to all applicable laws. By using the Website you accept and agree to be bound and comply with these Terms and Conditions. If you do not agree to be bound and comply with these Terms and Conditions, you are not authorized to access or use the Website.
Watson expects that the information and services on the Website, which largely pertain to higher education, career development, and study abroad will be primarily useful to adults 18 years of age and older. In any case, the Website is offered and available only to users who are 15 years of age or older. By using this Website, you represent and warrant that you are 15 years of age or older.
We are committed to providing quality content to our visitors and encourage you to contact us if you have questions about these Terms and Conditions using the following:
E-mail: [email protected], Attention: communications manager
Changes to the Terms and Conditions
These Terms and Conditions are subject to change in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You are expected to check this page from time to time so that you are aware of any changes. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Conditions of Use; Impermissible Use of the Website
The Website is provided for your personal and non-commercial use and for informational purposes only. The purpose of the Website is to provide information, educational services, and communication with Watson's constituency in higher education, career development and its other audiences in the United States. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not resell use of, or access to, the Website to any third party.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Watson, a Watson employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Watson or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on the Website or to use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions.
Use any device, software or routine that interferes with the proper working of the Website (including, without limitation, introducing any viruses, Trojan horsemen, worms, logic bombs or other material which is malicious or technologically harmful).
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for the security of your password and will be solely liable for any unauthorized use under such password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Watson may permit you to upload content to use in connection with features available on the Website ("User Content"). You hereby grant Watson, its affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, royalty-free license to use, reproduce, display, perform, distribute, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. Watson is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms and Conditions. Watson may include, edit or remove any User Content at any time without notice.
Acceptable Use Policy ("AUP")
You are solely responsible for the User Content that you post on the Website or transmit to other users (including emails) and agree that you will not hold Watson responsible or liable for any User Content from other users that you access on the Website. You may not post any User Content unless you have the right to upload such content to the Website. You may not post any content that: (i) is defamatory, abusive, obscene, profane or offensive; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (iv) infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have authority from the owner of such materials to post on the Website); (v) violates any party's right of publicity or right of privacy (such as a photo of another person without their permission); (vi) is threatening or harassing; or (vii) is illegal or violates any applicable law, rule, regulation, agreement or obligation.
If you notice any violation of this AUP or other unacceptable behavior by any user, you should report such activity to Watson at [email protected], Attention: communications manager
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Website by third parties not within our control. Watson is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, Watson respects the copyright interests of others. It is Watson's policy not to permit materials known by Watson to infringe another party's copyright to remain on the Website and, in circumstances that we deem appropriate, to disable and/or terminate the accounts of users who are repeat infringers.
If you believe any material on the Website infringes a copyright, you should provide Watson with written notice that at a minimum contains:
(i) Your physical or electronic signature or that of a person authorized to act on your behalf or on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to Watson's designated agent as follows:
E-mail: [email protected], Attention: communications manager
If you fail to comply with all of the above requirements, your written notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney's fees) under Section 512(f) of the DMCA (17 U.S.C. § 512).
Watson or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials shown on the Website without the prior written consent of the owner of such materials, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download up to one copy of a reasonable number of pages of the Website for your own non-commercial personal or institutional use and not for further reproduction, publication or distribution.
In some cases Watson may permit and even encourage distribution of informational materials made available on the Website, however all materials are subject to the use restrictions provided herein unless expressly provided otherwise. Requests for additional permissions regarding the use of materials on the Website can be sent to:
E-mail: [email protected], Attention: communications manager
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The name "Thomas J. Watson Foundation", the terms "Watson Foundation", the "W" logo and all related names, logos, product and service names, designs and slogans are trademarks of Watson or its affiliates or licensors. You must not use such marks without the prior written permission of Watson. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Watson and its licensors.
Disclaimers & Limitation of Liability
Watson makes every effort to keep all its information resources accurate and up to date, but makes no warranties or representations regarding the information herein. All users therefore agree that all access and use of the Website and externally-linked pages are at the user's own risk. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND WATSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Watson is otherwise found to be liable to you in any manner, then Watson's aggregate liability for all claims under such circumstances for liabilities shall not exceed five dollars (US$5.00).
Neither Watson nor any other party involved in the creation or delivery of Watson shall be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, incidental, consequential, special, exemplary, punitive or similar damages, lost profits, lost data, or other lost opportunities (each of which is hereby excluded by the mutual agreement of you and Watson), regardless of whether Watson has been advised of the possibility of such damages, arising out of access, use, or inability to use the Website or any interruptions, errors, or omissions in the Website (including but not limited to, its content). You specifically waive any and all claims you may have arising out of your use and/or access of the Website.
Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated as attributable to that service.
You agree to defend, indemnify and hold harmless Watson, its affiliates, officers, directors, employees, licensors, service providers, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by Watson); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the State of New York (without giving effect to any choice or conflict of law provision or rule) shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in New York, New York, for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.
Any claims asserted by you in connection with the Website must be asserted in writing to Watson within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure of Watson to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by Watson or be deemed a waiver by Watson of any subsequent breach by you of the same or any other term of these Terms and Conditions. Watson's rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Watson's right to exercise any other right or remedy.
The Website is provided and maintained solely from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Website. Watson makes no representations regarding the legality of the Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.
Effective Date: This policy is effective and was last updated on March 1, 2015.
If you do not agree to this Policy you are not authorized to access or otherwise use the Website. We may make changes to this Policy from time to time. Your continued use or access of the Website following the posting of any changes to this Policy indicates your acceptance of such changes, so please check this page periodically for updates.
Collection of Information
We collect several types of information from and about users of the Website, including:
Information that is non-personally identifiable, including information about your Internet connection, the equipment you use to access the Website and usage details ("Technical Information").
Information that is about you but individually does not identify you, such as your birth date, gender, race/ethnicity, religion, regional affiliation, educational background and professional experience ("Demographic Information").
Information by which you may be personally indentified, such as name, physical address, email address, telephone number, photograph, other identifier by which you may be contacted online or offline, and any Technical Information, Demographic Information or other information about you that the Website maintains in personally identifiable form in combination with any of the preceding identifiers ("Personally Identifiable Information").
The methods by which we collect this information incude:
In the case of Technical Information, automatically as you navigate through the site. As is the case for virtually all websites, whenever you visit the Website, the navigation and clickstream data (such as IP address, browser/version, operating system, date, time, links that you clicked on within the Website and the external website from where you came) are stored in a log file.
Directly from you, when you provide it to us. This includes information that you provide by filling in forms on our Website (for example, upon registration), your search queries on the Website, records and copies of your correspondence (including email addresses) if you contact us, your responses to surveys that we may ask you to complete for research purposes, and information you provide to be published or displayed (hereinafter, "posted") on public areas of the Website.
From Watson's third party partners.
Use of Information
We use information that we collect about you or that you provide to us, including Personally Identifiable Information:
To evaluate the value of Website content, for Website and system administration, and for anonymous user analysis.
To notify you about changes to our Website.
To allow you to participate in interactive features of the Website.
To deliver program services including communication with Watson fellows, alumni and partners through the Website.
To allow Watson fellows and alumni to find and support each other.
To draw insights from aggregated data for the purpose of continuous improvement, furtherance, and promotion of Watson's mission and programs, including educational outreach.
In any other way we may describe when you provide the information or for any other purpose for which you have provided consent.
The information we collect automatically is Technical Information and does not include Personally Identifiable Information, but we may maintain it or associate it with Personally Identifiable Information we collect in other ways or receive from third parties. This helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize the Website according to your individual interests.
Speed up your searches.
Recognize you when you return to the Website.
Disclosure of Information
Watson may disclose aggregated information about users, and information that does not identify any individual, without restriction. Disclosure to third parties of aggregated non-personally identifiable information, including anonymous Demographic Information, may further Watson's mission and complement internal uses of such information. An example of such disclosure would be the publication of reports for the purpose of offering general career guidance drawn from aggregated user information that is displayed in non-personally identifiable form.
We may disclose Personally Identifiable Information that we collect or you provide as described in this Policy to our technical consultants, third party auditors and other third parties who make the Website available, enhance its functionality or provide associated services. We may also disclose Personally Identifiable Information to any third party in order to fulfill the purpose for which you provide it (for example, if you provide an email address, picture, or other identifier that you choose to share with other users).
We will not sell, market, share, rent or otherwise distribute information that we collect or you provide as described in this Policy to others in ways different from what is disclosed in this Policy. Except as otherwise permitted herein, we will only release Personally Identifiable Information to a third party with your consent or to the extent required by law or to exercise our legal rights. Please note that we do reserve the right to transfer your Personally Identifiable Information and other information to our successors in business and purchasers of Website assets, whether as a going concern or as part of a bankruptcy, liquidation or similar proceeding.
User Control Over Personally Identifiable Information
If you do not want to provide us with your Personally Identifiable Information, you are not required to, however, while you may still access the Website, certain services may not be available to you. By providing your Personally Identifiable Information to us via the Website, you consent to receive information and updates from us, our representatives or our authorized third party providers.
We strive to provide you with choices regarding the Personally Identifiable Information you provide to us. For the interactive features of the Website, we have created mechanisms by which you can opt-in to sharing Personally Identifiable Information with other users, or specified subsets of other users.
You may contact us at [email protected] at any time regarding your Personally Identifiable Information and to request corrections to such information, which is accessible to fellows and alumni by logging into the Website and visiting your account profile page.
You have the option, at any time, to remove your Personally Identifiable Information from our servers. All unsubscribe or opt-out requests should be sent to us at [email protected], and we will process your request within a reasonable time after receipt. However, we are not responsible for removing your Personally Identifiable Information from the lists of any third party who has previously been provided your information in accordance with this Policy. Please note that there might be a brief delay between when you submit your request to "opt-out" and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We apologize for any inconvenience and appreciate your patience.
Security of Information
Keeping your Personally Identifiable Information secure is a top priority for Watson. Personally Identifiable Information is private and confidential; accordingly, the information provided is stored in a secure location, is accessible only by designated employees who are trained in the proper handling of such information, and is used only for the purpose for which the information is collected.
Notwithstanding the foregoing, while we undertake reasonable efforts to prevent unauthorized Internet access to user data retained in our servers, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. You agree that we are not liable for disclosures of your Personally Identifiable Information due to errors in transmission or unauthorized acts of third parties. As an Internet user, you must accept all risks associated with any data transmission to the Website, including the risk that your Personally Identifiable Information may be intercepted in transit.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for the security of your password and will be solely liable for any unauthorized use under such password.
Publicly Accessible Forums and User Interaction
You should be aware that Personally Identifiable Information which you voluntarily include and transmit online may be viewed and used by others. You are solely responsible for the content of messages you post on the Website in publicly accessible forums or directly to other users via any interactive feature of the Website. These forums and features may include communications functionality between fellows and alumni. You should be aware that when you voluntarily disclose Personally Identifiable Information within a publicly accessible forum or directly to other users, that information may be collected and used by others. Even if you delete your contributions or messages, copies may remain viewable in cached and archived pages, or might have been copied or stored by other users. Watson is unable to control such uses of your Personally Identifiable Information, and by using such features you assume the risk that the Personally Identifiable Information provided by you may be disclosed to and used by third parties.
The Website may contain links to other third party websites. Unless we expressly state otherwise, Watson makes no representations whatsoever concerning the content of those websites. The fact that Watson has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks associated with using any information, software, or products found on the Internet, and Watson cautions you to make sure that you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. In addition, we encourage users who leave the Website to read the privacy statements of other websites that collect personally identifiable information. These other websites may collect or solicit personal data or send their own cookies to your computer.
Please be aware that Watson is not responsible for the privacy practices of other websites. This Policy applies to all webpages under our domains and not to any webpages not under our domains, regardless of any hyperlinks from a webpage under our domains to a webpage not under our domains. Please check the privacy statements of these other websites for more information about their policies on collection and use of personal information.
Note to Parents and Children
Watson is concerned about the protection of online privacy for all Website users. We are particularly respectful of the privacy of young users. We encourage parents to monitor their children's use of the Internet and to help us protect their privacy by instructing them never to provide Personally Identifiable Information on the Website (or any website) without permission. We will never attempt to collect information from our users, regardless of age, that would not reasonably serve any of the purposes discussed in this Policy. Further, the Website is intended primarily for adult users 18 years of age and older and is made available under our Terms and Conditions only to users who are 15 years of age or older. As such, we have no intention of collecting Personally Identifiable Information from children (i.e., individuals under the age of 13). Where appropriate, we take reasonable measures to inform children not to submit such information to our Website or by other means. If we become aware that a child has provided us with Personally Identifiable Information, we will use all reasonable efforts to delete such information from our database. If you know or suspect that your child who is under the age of 13 has provided us with Personally Identifiable Information, you should contact us immediately if you would like the information submitted by your child deleted from our records:
E-mail: [email protected]
Watson may amend this Policy from time to time. You are expected to check this page from time to time so that you are aware of any changes. Your continued use of the Website following the posting of any changes to this Policy indicates your acceptance of such changes.
If we make any material changes in the way we use your Personally Identifiable Information, we will alert you by posting a prominent notice on our site and, if you have provided an email address, by sending you notice via email in order to obtain your consent before using your Personally Identifiable Information in a materially different manner.
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions or similar information (other than Personally Identifiable Information whose treatment is otherwise described herein) will be treated as non-confidential and nonproprietary. Except to the extent expressly covered by this Policy, anything you transmit or post may be used by us for any purpose, such use including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
The laws of the State of New York (without giving effect to any choice or conflict of law provision or rule) shall govern this Policy regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in New York, New York, for all matters or disputes arising out of or relating to this Policy or your access or use of the Website.
Questions or Suggestions
It is important to us at Watson to hear what visitors and users of the Website have to say about our services or our policies. If you have any questions, concerns or complaints about this Policy or want to let us know what you think about our services, please contact us at [email protected].