Mobile Device Recovery System

Terms & Conditions

This Liberty University Mobile Computing Device Recovery System (“MCDRS”) terms and conditions are applicable to use of the MCDRS Service (“Service”).  The purpose of the Service is to assist Liberty University Police Department (“LUPD”) in the recovery of a personal mobile computing device (“device”) on campus in the event it is lost or stolen.  This Service is provided as a courtesy to Liberty students and faculty who bring their personal mobile devices on the campus (‘User”).

 

Access to the Service is available on the User’s myLU portal by utilizing the device registration widget located on Liberty University (“Liberty”) website (www.liberty.edu) (“Site”).   

By clicking “Submit” and registering a device with MCDRS, the user agrees to the terms and conditions of the Service.  If any potential User does not agree to the terms and conditions of the Service, he or she must not proceed to use or access the Service.  In order to use the Service, the User must read, acknowledge, and accept all terms and conditions set out below and include by reference the Liberty University Privacy Policy.

1.    INITIATING, MAINTAINING AND TERMINATING THE MCDRS SERVICE:

1.1   Registration.   Participating in this Service and the registration of the User’s device is voluntary.  In order to use this Service, the User must register in the MCDRS database by accessing the device registration widget located in the User’s myLU portal. The User must enter his or her contact information and mobile computing device information.  This information must be made available to LUPD in order to perform this Service.  Each mobile device registration allows for a detailed description of the User’s device so if the User needs to report the device as lost or stolen, LUPD may identify the specific device based on the description stored in the database.  Registration is an all-electronic, paperless registration process, and therefore the User is solely responsible for the accuracy of the content that is given in the contact information and the device description.

1.2   Information Management.   The information entered by the User during the registration process detailed above must be managed with updates when the information changes (e.g. the user moves, purchases a new device, or trades in a device).  The User is solely responsible for the information stored in the MCDRS database and the User is expected to review the information periodically as necessary to check for accuracy and completeness.  The User may add to, edit, review, or remove the User’s contact information or device description at any time by using the MCDRS widget in the User’s myLU portal.  In the event that a device is lost or stolen, it will be too late to add essential information to the User’s profile to aid in the location of the lost or stolen device.

1.3   Cancelation of Registration.   The User may cancel his or her registration at any time and cancelation will be effective immediately, however Liberty will not be responsible for providing the MCDRS Service to attempt to locate a mobile device after the User has canceled his or her registration.  However, the User may continue to report any lost or stolen devices to LUPD.

2.    SCOPE OF THE MCDRS SERVICES:

The scope of the Service provided by Liberty is limited to the following:

a.     Liberty will assist in the collection and storage of contact information and device details for future use by LUPD in the recovery of the User’s device should that device become lost or stolen.

b.     Liberty will assist the User in filing a police report with LUPD by providing a form with any information the User has supplied during the registration process.

c.      Liberty will attempt to aid in the recovery of a device, if and only if, the device can either be located on the campus through a physical identification of the device, or if the device can be located via a connection to the Liberty Network.

d.     The User is solely responsible for the safe keeping of User’s device and Liberty assumes no responsibility for the User’s device regardless of whether those devices are registered with MCDRS.  Further, Liberty is not responsible for any lost or stolen device, the information and data contained on any device, nor is it responsible for the recovery of the User’s mobile device.

e.     The User is not restricted in any way to the sole use of this Service. Multiple vendors exist that are able to help the User track or find a mobile device for a fee.

f.      Liberty’s MCDRS Service is voluntary and is provided to the User free of charge. The User may choose to opt in or discontinue use of the Service at any time by accessing the MCDRS device registration widget on the Site.

g.     The User’s contact information supplied at the time of registration will be kept in accordance with Liberty University’s Privacy Policy and will not be used for any purpose, whatsoever, except for the purpose of filing a police report with LUPD, assisting in the recovery process of a device and contacting the User.

3.    USER ACCESS

3.1      Access to Features of Online Services.   Subject to these Terms and Conditions, Liberty grants the User a limited, non-exclusive, nontransferable license to download, install and operate any software, scripts and other content that Liberty has specifically identified within the Site as available for download ("Downloadable Tools").

3.2      Restrictions on Use.   The User may not resell or sublicense access to the Service to any third-party. The User may use the Site, the Services and Downloadable Tools only for personal, non-commercial purposes.  The User must not combine or integrate the Service and/or any Downloadable Tools with hardware, software or other technology or materials not provided by Liberty.  The User may not modify or create any derivative product based on the Site, the Service or Downloadable Tools.  The User may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Tools is compiled or interpreted, and nothing in these Terms and Conditions should be interpreted as granting the User any right to obtain or use source code. The User must not use the Service, the Site or Downloadable Tools to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other Users; (d) impersonate any person or entity, or otherwise misrepresent the User’s affiliation with a person or entity; or (e) interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.  Without Liberty’s written consent, the User may not (i) use any high volume, automated, or electronic means to access the Service (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.  The User acknowledges that any personal information that he or she provides must be true, accurate, complete and current in order for the Service to be beneficial to the User.

4.     DISCLAIMERS AND LIMITATIONS OF LIABILITY

4.1 No Obligation to Provide Service.  Liberty is under no obligation to provide this Service and does so as a courtesy to Liberty Students and faculty.  The use of this Service in no way grantees the recovery of a lost or stolen device.  Liberty is further under no obligation to replace or pay damages to any User whose device is not recovered after using this Service.

4.2    Warranties.  The Service, the Site, the Downloadable Tools, and all information, content, materials and services related to the foregoing are provided "as is."  To the fullest extent permissible under applicable law, Liberty  and its affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data.  Liberty and its affiliates do not warrant that use of the Service will be uninterrupted, error-free or virus free.  The submission of any personal content and the download or upload of any material through the Service or Site is done at User’s own discretion and risk.  The User will be solely responsible for any damage to his or her computer system or loss of data that may result from the download or upload of any such material or from reliance upon the Service, and the User is advised to maintain offline backup copies of all personal content. 

4.3    Limitation of Liability.   Use of the Service, the Site and any Downloadable Tools is at the User’s own risk.  In no event will Liberty or its affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, whether or not such damages were foreseeable. The User acknowledges that this limitation of liability is an essential term of the provision of the Service and Liberty would not provide the Site or Service to any user without this limitation.

4.4     Indemnification.   The User will indemnify, hold harmless and, at Liberty’s option, defend Liberty (including its affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, liabilities and expenses, including reasonable attorneys' fees, resulting from User’s violation of these terms.

5.    TERMINATION OF USE

5.1    Termination.   The term of use ends when User discontinues use of the Service by indicating that decision on the device registration widget.  Liberty reserves the right to terminate this Service or the User’s access to the Site and Service without notice and for any reason or no reason by notifying User via User’s last contact information.  The User’s use the Service may automatically and immediately terminate if the User fails to comply with Liberty’s policies. 

6.     PRIVACY AND COPYRIGHT

6.1    Privacy Policy.   In the course of accessing or using the Site, the Service or the Downloadable Tools, Liberty may obtain the User’s information or may require the User to provide certain personal information to Liberty.  All uses of personal information will be treated in accordance with Liberty’s Privacy Policy, which can be found on the Site and is incorporated by reference in the terms and conditions.  By submitting a device registration through the device registration widget, the User is acknowledging the terms of Liberty’s Privacy Policy incorporated by reference here.  If the User does not agree to have information used in any of the ways described in the Privacy Policy, the User must discontinue use of the Service and the Downloadable Tools.

6.2    Rights and Ownership.   Liberty, its vendors and affiliates retain all rights, titles and interests in and to the Site, the Service, all Downloadable Tools, and all related intellectual property rights.  Unless the User first obtains the copyright owner's prior written consent, the User may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.

User feedback is welcome and encouraged.  The User acknowledges, however, that (i) by submitting unsolicited ideas to Liberty, User automatically forfeits rights to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Liberty or any employees or representatives automatically become the property of Liberty.

6.3   Copyright Violations.   If the User believes that copyright law has been violated by a Third-Party Offering accessible on the Site or through this Service, please contact the Liberty University Office of Legal Affairs.

7.    MODIFICATION AND AMENDMENT

7.1     Modifications to Terms.   Liberty reserves the right to change, amend, or modify the Terms and Conditions contained herein.  If an amendment to the terms and conditions is made, the amendment shall be posted to the Site. The most current version of the terms and conditions will supersede all previous versions.   If the User objects to any such changes, sole recourse will be to cease using the Site, the Service and the Downloadable Tools. Continued use of the Site, the Service or any Downloadable Tools following posting of any such changes will indicate User acknowledgment of such changes and User will be bound thereby.  In addition, certain features of the Service may be subject to additional terms of use.  In the event that any of the additional terms of use governing such area conflict with these terms and conditions, the additional terms will govern.

7.2    Modifications to Services.   Liberty reserves the right to modify the Site or Service at any time without notice.  If User objects to any change to the Site or Service, sole recourse will be to cease using them.  Continued use of the Site or Service following posting of any such changes will indicate acknowledgment and acceptance of such changes and satisfaction with the Service as modified.  Liberty also reserves the right to discontinue the Service at any time without notice.  Liberty will not be liable to the User or any third-party should it exercise the right to modify or discontinue the Service.

8.    MISCELLANEOUS

8.1    General Compliance.  The User must comply with all laws, rules and regulations that apply to use of the Site, the Service and the Downloadable Tools.

8.2    No waivers.    Any delay or failure by Liberty to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

8.3    Choice of Law.  The terms and conditions will be subject to and construed in accordance with the laws of the Commonwealth of Virginia.  The User will consent to jurisdiction of the Commonwealth of Virginia and understands that any litigation regarding the Service will be filed in courts sitting in Lynchburg, VA.

By clicking the Submit button to register a new device with the Service and by using the Services, the User acknowledges and represents that:

(i)            the User has read the entirety of the Terms and Conditions and the incorporated Privacy Policy,

(ii)          the User understands the Terms and Conditions ,

(iii)         the User understands that registration  with and use of the MCDRS Service does not guarantee the recovery or return of the registered device, and

(iv)         the User is at least 18 years of age.