Alumni.umich.edu Terms and Conditions
Welcome to www.alumni.boxcarsandbox.com (the “Site”). This Site is owned and operated by the Alumni Association of the University of Michigan (hereinafter “AAUM”) and the content on the Site is owned by AAUM. Please read these Terms and Conditions and the Site Privacy Statement available on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and AAUM regarding your use of the Site and set forth the legally binding terms governing your visit to this Site. These terms and conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.
By using this Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”) and the Privacy Statement, and you affirm that you are either more than 18 years of age or currently enrolled as a student at the University of Michigan, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. AAUM and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you, and each such change will be effective upon posting on the Site. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions with such changes. If you do not agree to any of these Terms and Conditions, or the Privacy Statement, please do not use the Site.
United States Jurisdiction
AAUM provides and administers this Site from the State of Michigan, United States of America. AAUM makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
This Site, including all materials contained on the Site, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of AAUM, its affiliated campus partners and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, AAUM does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these Terms and Conditions, AAUM grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute AAUM’s claims of ownership or validity of its rights in the materials on this Site.
AAUM authorizes you to view and download the materials at this Site only for your personal, non-commercial use. AAUM may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
1. You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
2. You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
3. You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
Information You Provide to the Site
In return for use of the Site, you agree that you are more than 18 years of age or currently enrolled as a student at the University of Michigan. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Site administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In some cases, information is pre-loaded to the Site. It is your responsibility to notify AAUM of any changes in your registration information, including but not limited to your contact information.
You agree that all member information and other data received or collected by this Site is the property of the University of Michigan. You understand that you are responsible for all content you post, upload, transmit, email or otherwise make available on the Site. By uploading, emailing, posting, publishing or otherwise transmitting content to the Site or submitting any content to this Site, you automatically grant AAUM a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. Without limiting the foregoing, AAUM shall have the right to remove any content that violates the Terms and Conditions or is otherwise determined by AAUM, in its sole discretion, as inappropriate or objectionable.
Purchasing Site Services and Products
AAUM makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Payment Service. AAUM provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Payment Service experiences a data breach that affects your Personal Financial Information, AAUM will in no way be responsible or liable to you for any such breach.
AAUM will not store any record of Personal Financial Information related to purchases or other transactions you make through the Site. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Payment Service.
Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you establish or are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify the Site immediately of any unauthorized use of your password(s).
The Site contains e-mail services, class notes, events, calendars, communities, personal profile information, photos, and releasable directory information of other alumni. You agree to use these services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service.
By way of example, and not as a limitation, you agree that when using the communication services, you will not:
A. Use the services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
C. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
D. Publish, post, upload, distribute or disseminate any content that harasses or harms another person.
E. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
F. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
G. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the Site, the operation of another’s computer or property of another.
H. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages.
I. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
J. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
K. Restrict or inhibit any other Visitor from using and enjoying the services.
L. Harvest or otherwise collect information about others.
M. Violate any applicable laws or regulations.
N. Create a false identity for the purpose of misleading others.
O. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Visitors to the services or other Visitor or usage information or any portion thereof.
P. Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
1. Violate any code of conduct or other guidelines, which may be applicable for any particular service.
You acknowledge, consent and agree that AAUM may access, preserve or disclose information you provide to the Site, including content and your account registration information, including when AAUM has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of AAUM, the University of Michigan, or their subsidiaries, affiliates, employees, agents and contractors; (ii) protect the safety, privacy, and security of Visitors to the Site or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
AAUM assumes no responsibility for content posted or submitted by Visitors to the Site or for monitoring the Site for inappropriate Visitor content or Visitor conduct. If you become aware of any misuse of the Site, including in violation of any “Visitor Conduct” restrictions, please report it immediately to AAUM.
This Site offers Visitors the ability to post messages on message boards and Communities (collectively, “Communities”), which are may be open to the public generally, to all Visitors, or to a select group of members to a specific Community group. By posting on a Community you agree to comply with the rules and restrictions on Visitor Conduct set forth above and any other rules specifically applicable to such Community. AAUM reserves the right, but disclaims any obligation or responsibility, to prevent you from posting content to any Community and to restrict or remove your content from a Community or refuse to include your content in a Community for any reason at any time, in AAUM’s sole discretion and without notice to you.
You acknowledge that content posted on such Communities are public, and AAUM cannot guarantee the security of any information you disclose through any Community; you make such disclosures at your own risk. AAUM is not responsible for the content or accuracy of any information posted on a Community, and shall not be responsible for any decisions made based on such information.
Linking, Crawling and Archiving
If you would like to link to this Site, you must comply with the following guidelines:
A. Do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
B. You may not use any AAUM trademarks, logos, designs or service marks in your links;
C. You may not create the appearance of a relationship or affiliation with AAUM; and
D. Your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the Site and you may not circumvent CAPTCHA or other security measures.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE AAUM’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AAUM RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This Site is intended as a resource and discussion forum for people interested in the Alumni Association of the University of Michigan, membership, development, projects and initiatives. If you have a question about the Alumni Association of the University of Michigan, its products, services and policies, please contact AAUM’s Alumni Relationship Center by calling 800.847.4764 in the United States during normal business hours.
The AAUM name, and all trademarks and logos displayed on this Site are owned or used under license by AAUM. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
Changes to the Site
AAUM and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. AAUM is not obligated to retain or return your registration information or any content you have posted or submitted to the Site. Your use of this Site after any changes are posted will be considered acceptance of such changes.
For an explanation of AAUM’s policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review AAUM’s Privacy Statement the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Statement and you will be bound by the terms of such Privacy Statement.
Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless AAUM and its affiliates, its advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. AAUM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with AAUM’s defense of such claim.
Limitation on Liability
IN NO EVENT WILL AAUM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AAUM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR YOUR USE OF THE SITE DURING THE TERM OF YOUR USE.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF AAUM’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SITE.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Designated Agent for Copyright Notification
If you believe that any content on this Site infringes your copyright, please contact AAUM’s designated agent for receiving such notifications in writing as follows:
Alumni Association of the University of Michigan
200 Fletcher St.
Ann Arbor, MI 48109
In your communication, please include:
A. Your physical or electronic signature.
B. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
C. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
F. A statement that the information your notification is accurate and a statement by you, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf.
NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE. OTHER WEBSITES PROVIDED BY AAUM OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE OTHER SITES.
THIS SITE AND ALL THE INFORMATION IT CONTAINS IS PROVIDED FOR INFORMATION PURPOSES ONLY ON AN “AS IS” BASIS AND COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS. YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AAUM’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. AAUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THIS SITE OR ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. AAUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AAUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AAUM IS NOT PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from AAUM’s offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Michigan, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. AAUM’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: February 26, 2016