IMPORTANT:
READ CAREFULLY BEFORE USING THIS SERVICE
THIS SITE’S SERVICES (“SERVICES”) INCLUDE PROPRIETARY MATERIALS, THE USE OF
WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS
AMENDED FROM TIME TO TIME UPON NOTICE FROM THIS SITE. PROCEEDING WITH THE USE
OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF
ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER
AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST RETURN TO THE LOGIN
PAGE NOW! IF THESE TERMS ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS; NO ADDITIONAL TERMS SHALL
BECOME PART OF THIS AGREEEMENT.
END-USERSERVICES AGREEMENT
This End-User Services Agreement (“End-User Agreement”) is an agreement between
you and the providers of this alumni database, a
I.
ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by School is provided to you (Alumni)
under the terms and conditions of this End-User Agreement, and any amendments
thereto and any operating rules or policies that may be published from time to
time by School, all of which are hereby incorporated by reference. The End-User
Agreement comprises the entire agreement between Alumni and School and supersedes
any prior agreements pertaining to the subject matter contained herein. BY
COMPLETING THE PROFILE DATA FORM AND CLICKING THE “SUBMIT” BUTTON, YOU ARE
AGREEING TO BE BOUND BY THE END-USER AGREEMENT.
II.
DESCRIPTION OF SERVICES
School is providing Alumni with Services that are designed
to help Alumni keep in touch with school friends. These Services are provided to Alumni at the discretion of School. School
has no obligation to provide the Services directly to Alumni. Alumni must: (a)
provide for Alumni's own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary for Alumni
to make such connection to the World Wide Web, including a computer, modem and
Web browser.
III.
ALUMNI'S OBLIGATIONS
In consideration of use of the Services, Alumni agrees to provide true and
accurate information about Alumni as prompted for by the various programs being used for such Services. This information about a Alumni shall be referred to as “Profile Data”. If any
information provided by Alumni is untrue or inaccurate, School has the right to
terminate Alumni’s account and refuse any and all
current or future use of the Services.
IV.
USE OF PROFILE DATA
School shall have no responsibility or liability if a third party contacts Alumni
or provides or discloses Alumni’s Profile Data to any third party. Alumni
agrees School may disclose Profile Data to third parties about Alumni and
information about Alumni’s use of the Services provided that such disclosures
do not include Alumni’s name, mailing address, email address, telephone or
facsimile number, or account number, unless Alumni has otherwise authorized School
to disclose such information, or as required by law or legal process, or as set
forth in Paragraph VII below.
V.
MODIFICATIONS TO AGREEMENT
School may change the End-User Agreement from time to time. By logging into the
system Alumni agrees to be bound by the modifications
to the End-User Agreement.
VI.
MODIFICATIONS TO SERVICES
School reserves the right to modify or discontinue, temporarily or permanently,
the Services with or without notice to Alumni. Alumni agrees
that School and their third party service providers shall not be liable to Alumni
or any third-party for any modification or discontinuance of the Services.
VII.
PRIVACY POLICY
a.
School considers all electronic correspondence transmitted via the
Services to be the private correspondence of the sender. School will not
monitor, edit or disclose the contents of a Alumni’s private communications,
except that Alumni agrees School and their third party service providers may do
so: (a) as required by law; (b) to comply with legal process; (c) if necessary
to enforce the End-User Agreement; (d) to respond to claims that such contents
violate the rights of third-parties; (e) to protect the rights or property of School,
its third party service providers or others.
b.
Alumni acknowledges that content posted to public
community areas is publicly available and that School does not take any
responsibility for such public content. However, School reserves the right to
remove any public content posted by a Alumni which
violates any law or condition of this Agreement upon notice of such violation.
c.
Alumni understands and agrees that technical (and sometimes manual)
processing of electronic communications, search requests, community postings
and any other information supplied by Alumni is and may be required (a) to send
and receive messages; (b) to conform to the technical requirements of
connecting networks; (c) to conform to the limitations of the Services; or (d)
to conform to other, similar technical requirements.
d.
Alumni acknowledges and agrees that School and their third party service
providers do not endorse the content of any Alumni communications and are not
responsible or liable for any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise
objectionable content, or content that infringes or may infringe the
intellectual property or other rights of another.
VIII.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Alumni will create a password and user ID upon completing the registration
process. Alumni is responsible for maintaining the
confidentiality of the password and account, and is fully responsible for all
activities which occur under Alumni’s password or account. Alumni
agrees to immediately notify School of any unauthorized use of Alumni’s password
or account or any other breach of security.
IX.
MEMBER CONDUCT
a.
Alumni agrees to abide by all applicable local, state, national, and
international laws and regulations in Alumni’s use of the Services, and agrees
not to interfere with the use and enjoyment of the Services by other Alumni’s. Alumni agrees to be solely responsible for the contents of Alumni’s
private and public communications uploaded, posted, emailed or otherwise
transmitted through the Services.
b.
Alumni agrees (a) not to use the Services for illegal purposes; (b) not
to interfere with or disrupt the Services or servers or networks connected to
the Services; (c) to comply with all requirements, procedures, policies and
regulations of networks connected to the Services; and (d) to comply with all
applicable laws regarding the transmission of technical data exported from the
United States.
c.
Alumni agrees not to upload, post, email or otherwise transmit through
the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, indecent or otherwise objectionable
material of any kind; (b) any material that violates the rights of another,
including but not limited to the intellectual property rights of another; (c)
any material that violates any applicable local, state, national, or
international law or regulation; or (d) unsolicited or unauthorized advertisements,
promotional materials, “junk mail”, “spam”, “chain letters” or other forms of
solicitation, including mass invitations to other alumni websites. Alumni agrees not to attempt to gain unauthorized access to
other computer systems or networks connected to the Services.
X.
INDEMNITY
Alumni agrees to indemnify and hold School and their third party service
providers, and their parents, subsidiaries, affiliates, officers, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Alumni’s use of the
Services, Alumni’s connection to the Services, Alumni’s violation of the
End-User Agreement, or Alumni’s violation of any rights of another.
XI.
NO RESALE OF SERVICE
Alumni agrees not to resell the Services or use of or
access to the Services.
XII.
STORAGE OF COMMUNICATIONS
School and their third party service providers assume no responsibility for the
deletion or failure to store messages, communications or other content
maintained or transmitted through the Services. School may establish an upper
limit on the size of message storage it will maintain for Alumni.
XIII.
TERMINATION
a.
Alumni agrees that School or their third party service providers may
terminate Alumni’s password, account or use of the Services if School or their
third party service providers believe (a) that Alumni has violated or acted
inconsistently with the letter or spirit of the End-User Agreement, or (b) that
Alumni has violated the rights of School or their third party service providers
or other Alumni’s or parties.
b.
Alumni acknowledges and agrees that any termination of Services under
any provision of this Agreement may be effected
without prior notice, and acknowledges and agrees that School may immediately
delete Alumni’s account and all related information, communications and files,
and bar any further access to such account, communications, files or the
Services.
XIV.
LINKS
The Services may provide, or Alumni may include in email or community postings,
links to other Web sites or resources. Alumni acknowledges and agrees that School
and their third party service providers are not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. Alumni agrees that School
and their third party service providers shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on such external sites or resources.
XV.
SCHOOL'S PROPRIETARY RIGHTS
Alumni acknowledges and agrees that content, including but not limited to text,
software, music, sound, photographs, graphics, video, or other
material contained in information presented to Alumni through the Services is
protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. Alumni acknowledges
and agrees that Alumni is permitted to use this material and information only
as expressly authorized by School, as applicable, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information
without express authorization.
XVI.
DISCLAIMER OF WARRANTIES
a.
ALUMNI EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER'S SOLE
RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b.
SCHOOL AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
c.
SCHOOL AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE
SERVICES WILL MEET ALUMNI'S REQUIREMENTS, THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SCHOOL OR ITS THIRD
PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
d.
ALUMNI UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR
OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE
SERVICES IS DONE AT ALUMNI'S OWN DISCRETION AND RISK AND THAT ALUMNI WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO ALUMNI'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
e.
SCHOOL AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.
f.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ALUMNI
FROM SCHOOL OR THEIR THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
g.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVII.
LIMITATION OF LIABILITY
a.
ALUMNI AGREES THAT SCHOOL, PARTNER AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF ALUMNI'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF SCHOOL OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b.
ALUMNI FURTHER AGREES THAT SCHOOL AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
c.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
APPLY TO YOU.
XVIII.
NOTICE
Any notice to Alumni or to the Services shall be made
via either email or regular mail. The School may also provide notices of
changes to the End-User Agreement or other matters by displaying notices to Alumni’s
generally on the Services.
XIX.
GENERAL
a.
The End-User Agreement and the relationship between Alumni and School shall be governed by the laws of the State of
b.
The failure of School and their third party service providers to
exercise or enforce any right or provision of the End-User Agreement shall not
constitute a waiver of such right or provision. If any provision of the
End-User Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the End-User Agreement remain in full
force and effect.
c.
Alumni agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services or
the End-User Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
d.
The section titles in the End-User Agreement are for convenience only
and have no legal or contractual effect.