UMass Amherst Alumni Association

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Terms of Use

TERMS & CONDITIONS OF USE

MaroonCentral, the UMass Amherst Alumni Association online community is provided to encourage communication among students and alumni for personal and professional networking and university-related activities. Please read these Terms & Conditions of Use carefully before registering for the Online Community.

ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
REGISTRATION OBLIGATIONS
USER ACCOUNT, PASSWORD AND SECURITY
PRIVACY POLICY
POLICY AND GUIDELINES FOR PROPER USE
RULES FOR ONLINE CONDUCT
CONTENT ACCESSED
CONTENT SUBMITTED
TERMINATION
ADVERTISER INFORMATION AND LINKS
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
TRADEMARK INFORMATION
COPYRIGHT INFORMATION
GENERAL INFORMATION

ACCEPTANCE OF TERMS
By registering for the Alumni Association Online Community (the "Service") available at www.alumniconnections.com/umassamherst (the "Site" or "Sites"), you signify that you have read these Terms & Conditions of Use ("Terms") and agree to use the Service in a manner consistent with all applicable laws and regulations and in accordance with the policies and guidelines outlined below. The University of Massachusetts Amherst Alumni Association (the "Alumni Association") reserves the right to modify these Terms at any time and will publish notice of any such modifications online at this Site. The Alumni Association encourages you to review the most current version of the Terms periodically. Your continued use of the Service will constitute your agreement to these Terms, including but not limited to any modifications. Please note that you will be referred to as "User" from time to time in this Agreement.

DESCRIPTION OF SERVICE
The Alumni Association currently provides the User with access to the Online Community, which includes the alumni and student Directory and related online services, a collection of information, communication tools and other on-line resources that the Alumni Association owns, operates and licenses. Unless explicitly stated otherwise, all new features implemented to enhance the current Service, including but not limited to the release of new Alumni Association services, are subject to these Terms. The Alumni Association reserves the right from time to time and at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. The Alumni Association is not liable to the User or to any third party for any modification, suspension or discontinuance of the Service.

REGISTRATION OBLIGATIONS
To obtain access to all features and functions of the Service, you must complete and submit the registration form online. Without doing that, you may be able to access limited parts of the Service, but not be able to fully access, or interact with others on, the Service. You must provide accurate, current and complete information about yourself (the "Registration Data") as prompted by the Service's registration form, and maintain and promptly update the Registration Data to keep it accurate, current and complete.

USER ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process to access the Service, you will receive a user account designation and password. User accounts and passwords may not be shared, transferred or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User. You are responsible for maintaining the confidentiality of your user account and password and are fully responsible for all activities that occur under your password or account. You must immediately notify the Alumni Association of any unauthorized use of your user account or password or any other breach of security. The Alumni Association will not be liable for any loss or damage arising from your failure to comply with this section.

PRIVACY POLICY
In an effort to properly balance the benefit of providing information to our alumni and students with the desire to protect individual privacy, the Alumni Association has taken reasonable precautions to secure the personally identifiable information available through the Service. The online Directory is password-protected to only allow access by registered members of the UMass Amherst community. Furthermore, the Directory is located on a secure web site that incorporates the latest encryption technology.

Although these precautions should protect any personally identifiable information available through the Directory from abuse or outside interference, a certain degree of privacy risk is faced any time information is shared over the Internet. Therefore, through the Personal Profile feature of the Directory, you have the ability to control the nature and amount of information available to other alumni and students. This functionality is available to you once you register for the Alumni Association Online Community.

Individuals also have the right to withhold their information entirely from the online Directory. After registration, you may choose to opt out of the Directory as you edit your personal information. Please note that individuals who decline the Terms & Conditions of Use have not opted out of the Directory and their names and basic information will still appear in the online Directory.

The Alumni Association may collect and use personally identifiable information of individuals for purposes of supporting Alumni Association programs, services or operations, and may at times provide this information to third party entities conducting commercial or philanthropic activities approved and sponsored by the Alumni Association. The Alumni Association reserves the right to use this information to contact a User regarding account status, changes to these Terms, or other matters relevant to the Service and/or the information collected.

When a User subscribes to an email list or provides an email address for other purposes, the subscriber's email address is recorded and used for future Alumni Association email distributions. The address may also be used for general University of Massachusetts Amherst email announcements. A subscriber's email address will never be disclosed to a third party entity external to the UMass Amherst community.

Personally identifiable information that is voluntarily disclosed by the User through the interactive portions of the Service, along with any substantive information disclosed in the User's communication, can be collected and correlated by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond the control of the Alumni Association and the Alumni Association assumes no liability for these activities. The User should exercise caution when deciding to disclose personally identifiable information.

Certain aggregate information may be collected from your Registration Data by the Alumni Association to gather broad demographic statistics, analyze site usage trends, evaluate site performance and recommend improvements to the Site. Individual user information is not identified in this process.

The Alumni Association may disclose to third party entities certain aggregate information contained in your Registration Data or related data. This information will NOT include personally identifying information except as specifically authorized by you or in the good faith belief that the disclosure is reasonably necessary to comply with the law or legal process, to enforce these Terms, or to protect the personal and informational safety of users or the public in exigent circumstances. This information may also be released as necessary to protect the rights or property of the Alumni Association or as the Alumni Association determines is reasonably necessary to maintain or efficiently operate the Service.

Non-personal information and data may be automatically collected through the standard operation of the Service with "cookies". Cookies are small text files employed by various web sites to recognize repeat users, facilitate ongoing site access and usage, track usage behavior and compile aggregate data to allow content improvements and targeted advertising. The Service limits the use of cookies to storing an active login session that will enhance the User's experience during their site visit. If a User does not want information collected through the use of cookies, most browsers will allow the User to deny or accept the cookie feature; however, users should note that cookies may be necessary to obtain access to certain features available on the Service.

The Site may be linked to other sites or resources that are not maintained by the Alumni Association. In addition, the Alumni Association may sometimes permit third party entities to offer subscription and/or registration-based services through the Site. The Alumni Association provides these site links only as a convenience to our alumni and students. The inclusion of any link does not imply an endorsement by the Alumni Association of any of the policies of the other sites, nor does the Alumni Association assume any liability for the actions, content or privacy policies of any linked sites.

POLICY AND GUIDELINES FOR PROPER USE
All information contained on the Site or Service remains the property of the Alumni Association and may not be reproduced in whole or in part by any person or entity without the written permission of the Alumni Association. The Service is provided to encourage communication among alumni and students for personal and professional networking and university-related activities. Communications among alumni and students are not intended for publication or retransmission in any media. Furthermore, the use of the online Directory to reproduce or store personally identifiable information in a retrieval system by any means, electronic or mechanical, or the use of addresses or other information contained in the Directory for any public, private, commercial or political purpose is strictly prohibited. Use of any information available on the Service is subject to the provisions of the Rules for Online Conduct section below.

RULES FOR ONLINE CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or communications ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which that Content originated. This means that you, and not the Alumni Association, are entirely responsible for all Content that you post or otherwise transmit using the Service.

By accessing the Site or Service, you agree to use the Service in accordance with all applicable laws and regulations and abide by the following rules for online conduct:

Users will not reproduce, duplicate, copy, sell, resell, transmit, upload, download or exploit any portion of the Service, use of the Service, or access to the Service, for any , commercial, public or political purpose, including but not limited to advertising, solicitation, cold-calling or mass mailing.
Users will not post or otherwise transmit any of the following Content on the Site or Service:
- Material that defames, abuses or threatens others
- Statements that are bigoted, hateful or racially offensive
- Material that advocates illegal activity
- Material that discusses illegal activities with the intent to commit them
- Unauthorized copyrighted material
- Material that contains vulgar, obscene or indecent language or images
- Advertising or any form of public, commercial or political solicitation
Users will not post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Users will not post or otherwise transmit any Content that infringes any privacy, publicity, patent, trademark, trade secret, copyright or other proprietary rights of any person or entity, including but not limited to communications that violate other user's privacy, such as granting access to the Service or distributing information obtained from the Services to non-alumni.
Users will not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, or use any distribution lists to any person who has not given specific permission to be included in that type of process.
Users will not impersonate any person or entity, including but not limited to any Alumni Association official, alumnus, student or other, falsely state or otherwise misrepresent your affiliation with a person or entity, or manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
Users will not post or otherwise transmit any Content that inaccurately implies endorsement, approval or sponsorship by the Alumni Association or any of our offices or officers.
Users will not post or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any software or equipment.
Users will not interfere with or disrupt use or enjoyment of the Service or servers or networks connected to the Service.
Users will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations relating to the export or transmission of technical data, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
Users will not collect or store personal data about other users except as expressly permitted under these Terms and Conditions of Use.
Users will not access or attempt to access any other user's account.

Upon discovery, the Alumni Association reserves the right to remove any Content posted or transmitted to the Site that violates the above rules, but is under no obligation to do so. The Alumni Association does not routinely screen or monitor all Content and cannot guarantee that Content in violation of the Rules of Online Conduct will not be posted or transmitted. For this reason, Users should report any abuses or misuses of the Service to the Alumni Association.

If the Alumni Association determines that a User's participation in the Service may create a liability for the Alumni Association or the university, or that the User has violated policies set forth herein, the Alumni Association reserves the right, in its sole discretion, to take actions against the User. The Alumni Association reserves the right to expel a User and to deny a User further access to the Service if such User violates these Rules of Online Conduct, the UMass Amherst Student Code of Conduct, UMass Amherst OIT Code of Conduct, or any applicable laws or regulations.

CONTENT ACCESSED
The Alumni Association does not control or endorse the Content available through the Service and so does not guarantee the accuracy, reliability, integrity or quality of that Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Alumni Association be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted using the Service. You must evaluate, and bear all risks associated with, the use of any Content, including but not limited to any reliance on the accuracy, completeness or usefulness of that Content.

CONTENT SUBMITTED
The Alumni Association does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to the Alumni Association as set forth below for the purpose of displaying and distributing that Content in connection with the Service. By submitting Content in connection with use of the Service, you automatically warrant that the owner of that Content has expressly granted to the Alumni Association the perpetual, irrevocable, non-exclusive, royalty-free, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. The Alumni Association does not pre-screen Content, but the Alumni Association has the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is available through the Service. Without limiting the foregoing, the Alumni Association has the right to remove any Content that violates these Terms or is otherwise objectionable.

You shall indemnify and hold the Alumni Association, and its service providers and their respective directors, trustees, officials, managers, faculty, officers, employees, agents and contractors, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content that you provide, your use of the Service, or your violation of these Terms.

TERMINATION
The Alumni Association may, at its sole discretion, and at any time, discontinue providing the Service, or any part of the Service, with or without notice. The Alumni Association may also, at its sole discretion, terminate your password, account (or any part of your account) or use of the Service, and remove and discard any Content within the Service, for any reason if the Alumni Association believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service (or any portion of the Service) under any provision of these Terms may be made without prior notice, and the Alumni Association (or one or more of its service providers) may immediately deactivate or delete your account and all related information associated with your account and/or bar any further access to that information or the Service. Further, neither the Alumni Association nor any of its service providers is liable to you or any third-party for any termination of your access to the Service. Finally, termination does not relieve you of the consequences of your actions while using the Service before termination. The following provisions of these Terms survive termination of these Terms, as well as all other provisions which by their nature should continue: PRIVACY POLICY, CONTENT SUBMITTED, CONTENT ACCESSED INDEMNITY, TERMINATION, ADVERTISER INFORMATION, LINKS, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, EXCLUSIONS, TRADEMARK INFORMATION, COPYRIGHT INFORMATION and GENERAL INFORMATION. Otherwise, neither the Alumni Association, nor its service providers, nor you, will have any obligation whatsoever to the other after any cancellation or termination of your use of or access to the Service.

ADVERTISER INFORMATION AND LINKS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or Site, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with those dealings, are solely between you and the advertiser. The Alumni Association is not responsible or liable for any loss or damage of any sort incurred as the result of any of those dealings or as a result of the presence of those advertisers on the Service.

The Service or Site may provide, or service providers or other third parties may provide, links to other World Wide Web sites or resources. Because the Alumni Association has no control over those sites and resources, the Alumni Association is not responsible for the availability of those 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 any of those sites or resources. Further, neither the Alumni Association nor any of its service providers is 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 Content, goods or services available on or through any of those sites or resources.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACH OF THE ALUMNI ASSOCIATION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

NEITHER THE ALUMNI ASSOCIATION NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED;

ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL; AND

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ALUMNI ASSOCIATION OR ANY OF ITS SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE ALUMNI ASSOCIATION NOR ANY OF ITS SERVICE PROVIDERS IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ALUMNI ASSOCIATION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE ALUMNI ASSOCIATION OR ITS SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
CHANGES TO THESE TERMS OF SERVICE;
FAILURE BY THE ALUMNI ASSOCIATION OR ITS DESIGNEE TO ENFORCE THESE TERMS OF SERVICE;
TERMINATION, SUSPENSION OR UNAVAILABILITY OF THE SERVICE OR ANY PART OF THE SERVICE OR ANY ASSOCIATED FEATURES OR FUNCTIONS; OR
ANY OTHER MATTER RELATING TO THE SERVICE.

TRADEMARK INFORMATION
The Alumni Association logos and the Alumni Association trademarks and service marks and names are trademarks or service marks of the University of Massachusetts Amherst Alumni Association. Without the Alumni Association's prior written permission, you may not display or use in any manner these Alumni Association marks.

COPYRIGHT INFORMATION
The Alumni Association respects the intellectual property of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Alumni Association's copyright agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim has been infringed is located on the Service or Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

GENERAL INFORMATION
Notices to you may be made via either email or regular mail. The Service may also, but is not required to, provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.

These Terms and the relationship between you and the Alumni Association are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. This is a services contract and not a contract for the sale of goods. The United Nations Convention of Contracts for the International Sale of Goods does not apply to these Terms. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after that claim or cause of action arose.

The failure of the Alumni Association to exercise or enforce any right under or provision of these Terms does not constitute a waiver of that right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms constitute an agreement only between you and the Alumni Association and, other than the Alumni Association service providers; there is no third party beneficiary to any of the obligations under these Terms.

These Terms constitute the entire agreement between you and the Alumni Association and govern your use of the Service, superceding any prior representations, proposals, inducements, assurances, promises, agreements and any other communications between you and the Alumni Association with respect to the subject matter of these Terms. Neither the course of conduct between you, the Alumni Association and/or its service providers, nor trade practice modifies these Terms.