IMPORTANT: READ CAREFULLY BEFORE USING THIS SERVICE
ALUMNIWEBSITE.COM'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 ALUMNIWEBSITE.COM. 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-UserServices Agreement ("End-User Agreement") is an agreement between you and Alumni Website Dotcom, a Maryland base business located in Woodbine, Maryland ("Company").
I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company is provided to you ("The 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 Company, all of which are hereby incorporated by reference. The End-User Agreement comprises the entire agreement between "The Alumni" and Company 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
Company is providing "The Alumni" with Services that are designed to help "The Alumni" keep in touch with school friends. This site is not officially sponsored or affiliated by Howard High School. These Services are provided to "The Alumni" at the discretion of Company. Company has no obligation to provide the Services directly to "The Alumni". Company does not charge "The Alumni" for the Services, but may charge for enhancements "The Alumni" may elect to obtain (though Company may in the future charge a fee for use of the Services). "The Alumni" must: (a) provide for "The 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 "The Alumni" to make such connection to the World Wide Web, including a computer, modem and Web browser.
III. "THE ALUMNI'S" OBLIGATIONS
In consideration of use of the Services, "The Alumni" agrees to provide true and accurate information about "The Alumni" as prompted for by the various programs being used for such Services. This information about a "The Alumni" shall be referred to as "Profile Data". If any information provided by "The Alumni" is untrue or inaccurate, Company has the right to terminate "The Alumni's" account and refuse any and all current or future use of the Services.
IV. USE OF PROFILE DATA
Company shall have no responsibility or liability if a third party contacts "The Alumni" or provides or discloses "The Alumni's" Profile Data to any third party. "The Alumni" agrees Company may disclose Profile Data to third parties about "The Alumni" and information about "The Alumni's" use of the Services provided that such disclosures do not include "The Alumni's" name, mailing address, email address, telephone or facsimile number, or account number, unless "The Alumni" has otherwise authorized Company to disclose such information, or as required by law or legal process, or as set forth in Paragraph VII below.
V. MODIFICATIONS TO AGREEMENT
Company may change the End-User Agreement from time to time. "The Alumni" will be notified of any such changes by a startup screen describing the changes. By clicking on the "I Accept" button that follows the posted changes "The Alumni" agrees to be bound by the modifications to the End-User Agreement. If "The Alumni" does not click the "I Accept" button, "The Alumni's" account will be terminated.
VI. MODIFICATIONS TO SERVICES
Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to "The Alumni". "The Alumni" agrees that Company and their third party service providers shall not be liable to "The Alumni" or any third-party for any modification or discontinuance of the Services.
VII. COMPANY PRIVACY POLICY
a. Company considers all electronic correspondence transmitted via the Services to be the private correspondence of the sender. Company will not monitor, edit or disclose the contents of a "The Alumni's" private communications, except that "The Alumni" agrees Company 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 Company, its third party service providers or others.
b. "The Alumni" acknowledges that content posted to public community areas is publicly available and that Company does not take any responsibility for such public content. However, Company reserves the right to remove any public content posted by a "The Alumni" which violates any law or condition of this Agreement upon notice of such violation.
c. "The Alumni" understands and agrees that technical (and sometimes manual) processing of electronic communications, search requests, community postings and any other information supplied by "The 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. "The Alumni" acknowledges and agrees that Company and their third party service providers do not endorse the content of any "The 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
"The Alumni" will create a password and user ID upon completing the registration process. "The Alumni" is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under "The Alumni's" password or account. "The Alumni" agrees to immediately notify Company of any unauthorized use of "The Alumni's" password or account or any other breach of security.
IX. MEMBER CONDUCT
a. "The Alumni" agrees to abide by all applicable local, state, national, and international laws and regulations in "The Alumni's" use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other "The Alumni"s. "The Alumni" agrees to be solely responsible for the contents of "The Alumni's" private and public communications uploaded, posted, emailed or otherwise transmitted through the Services.
b. "The 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. "The 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. "The Alumni" agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services.
X. INDEMNITY
"The Alumni" agrees to indemnify and hold Company 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 "The Alumni's" use of the Services, "The Alumni's" connection to the Services, "The Alumni's" violation of the End-User Agreement, or "The Alumni's" violation of any rights of another.
XI. NO RESALE OF SERVICE
"The Alumni" agrees not to resell the Services or use of or access to the Services.
XII. STORAGE OF COMMUNICATIONS
Company 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. Company may establish an upper limit on the size of message storage it will maintain for "The Alumni".
XIII. TERMINATION
a. "The Alumni" agrees that Company or their third party service providers may terminate "The Alumni's" password, account or use of the Services if Company or their third party service providers believe (a) that "The Alumni" has violated or acted inconsistently with the letter or spirit of the End-User Agreement, or (b) that "The Alumni" has violated the rights of Company or their third party service providers or other "The Alumni"s or parties.
b. "The 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 Company may immediately delete "The Alumni's" account and all related information, communications and files, and bar any further access to such account, communications, files or the Services.
XIV. DEALINGS WITH ADVERTISERS
"The Alumni's" correspondence with or participation in promotions of advertisers found on the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between "The Alumni" and such advertiser. "The Alumni" agrees not to hold Company or their third party service providers liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
XV. LINKS
The Services may provide, or "The Alumni"s may include in email or community postings, links to other Web sites or resources. "The Alumni" acknowledges and agrees that Company 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. "The Alumni" agrees that Company 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.
XVI. COMPANY'S PROPRIETARY RIGHTS
"The Alumni" acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to "The Alumni" through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. "The Alumni" acknowledges and agrees that "The Alumni" is permitted to use this material and information only as expressly authorized by Company or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XVII. DISCLAIMER OF WARRANTIES
a. "THE 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. COMPANY 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. COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET "THE ALUMNI'S" REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY 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. "THE 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 "THE ALUMNI'S" OWN DISCRETION AND RISK AND THAT "THE ALUMNI" WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO "THE ALUMNI'S" COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
e. COMPANY 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 "THE ALUMNI" FROM COMPANY 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.
XVIII. LIMITATION OF LIABILITY
a. "THE ALUMNI" AGREES THAT COMPANY, 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 "THE ALUMNI'S" TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. "THE ALUMNI" FURTHER AGREES THAT COMPANY 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.
XIX. NOTICE
Any notice to "The Alumni" or to the Services shall be made via either email or regular mail. The Company may also provide notices of changes to the End-User Agreement or other matters by displaying notices to "The Alumni"s generally on the Services.
XX. GENERAL
a. The End-User Agreement and the relationship between "The Alumni" and Company shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. "The Alumni" and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Maryland.
b. The failure of Company 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- "The Alumni" Agreement remain in full force and effect.
c. "The 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.