THESE TERMS & CONDITIONS OF USE AND SERVICE (“THESE TERMS”) ARE A BINDING AGREEMENT BETWEEN VISTA HOST, INC. (“PARENTS AND ALUMNI UNIVERSITY CLUB”, “UNIVERSITY CLUB,” “WE,” OR “US”) AND YOU (“CUSTOMER” OR “YOU”) (EACH REFERRED TO AS A “PARTY” OR THE “PARTIES”), PERTAINING TO, AMONG OTHER THINGS, THE ACCESS TO AND USE OF THE UNIVERSITY PARENTS & ALUMNI CLUB PROGRAM AND RELATED MOBILE APPLICATION (THE “APPLICATION”) AND SERVICES (COLLECTIVELY, “SERVICES”) MADE AVAILABLE OR PROVIDED FROM TO THE WEBSITES OPERATED BY US, INCLUDING WWW.VISTAHOST.COM AND ALL SUBDOMAINS AND ALL SOCIAL MEDIA ACCOUNTS (COLLECTIVELY, THE “SITE” ). BY ACTIVATING, PURCHASING, ACCESSING OR USING ANY OF THE SITE, THE APPLICATION OR THE SERVICES, CUSTOMER ACKNOWLEDGES ITS CONSENT TO BE BOUND BY THE FOLLOWING RIGHTS AND OBLIGATIONS SET FORTH IN THESE TERMS (THIS “AGREEMENT”).
To uphold the quality and reputation of University Club and its Services, Customer’s use thereof is subject to this Agreement. If Customer is found to be in violation of any terms of this Agreement at any time, as determined by University Club in its sole discretion, University Club may warn Customer, suspend the affected Service, or terminate Customer’s accounts. Please note that University Club may change this Agreement at any time, and, while University Club may send written notice of any such changes as required by applicable law, it is Customer’s responsibility to keep up-to-date with and adhere to the posted Terms. Your continued use of the Site, the Application or the Services following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any. All capitalized terms used herein have the meanings stated in this Agreement, unless stated otherwise.
Electronic Signature Consent to These Terms and Online Agreements
Your access and use of the Site, the Application and/or the Services will be managed through your account. University Club relies on an electronic signature process as official authorization for your agreement as well as any changes to these Terms of Service or any transactions conducted in the Site or the Application. By accessing this Site or the Application and, where prompted clicking “I Agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and University Club and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all written agreements entered into between you and University Club. You may revoke approval of this electronic signature process at any time with prior written notice to University Club from your account; however this will result in University Club’s suspension or termination of the Services absent your acknowledgment of agreement or consent by other valid legal means.
Establishing Account. Browsing of the Site’s public pages is currently provided free of charge to any person. However, access to the Application and the Services will require an account to be first established and activated. You may sign up for an account by completing the online forms required by University Club and following the directions to submit a request to become a customer and set up an account. When you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account. You will be asked whether you have read and agree to abide by these Terms and any additional terms set forth on the account set up page. If you answer “I agree” and you otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” or otherwise are not eligible, your account will not be activated and you will not be permitted to access the features of the Application and/or the Services online.
Activation. University Club reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will be permitted to log in, view, load, post, and use the features of the Application and the Services for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain features of the Application or the Services may be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those features.
Password Protection. You must have a password to access the Application and the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name on your account made by you or others. You will immediately notify University Club if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Application or the Services and the Site for which you have been granted permission to use by University Club.
Account Obligations. In consideration of your access and use of the Site, the Application and the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site, the Application or the Services or any portion thereof.
User Posted Content
You acknowledge and agree that any information or content posted to University Club’s social media pages or any public forums accessible from this Site may be viewed by the general public and will not be treated as private or confidential. You agree that University Club may use (or not use, at University Club’s sole discretion) any content posted on University Club’s social media pages or via the Site or the Application in any manner that it deems necessary or appropriate. You authorize University Club and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on University Club’ social media pages or via the Sites or the Application, you represent to University Club that you own or have the right to use and permit University Club to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on University Club’s social media pages or one of our public forums on the Sites, you further authorize University Club and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of University Club’s operations throughout the world, and any such permission cannot be revoked for any reason. Although University Club reserves the right to remove without notice any posting for any reason, University Club has no obligation to delete content that you personally may find objectionable or offensive.
Limited License to Use the Application
Customer may download one copy of the Application for each mobile device owned or controlled by Customer for your own personal use (and not for resale to others) solely in connection with the Services during the term of this Agreement. The Application contains confidential and proprietary software and materials that may be owned by or licensed to us. This proprietary software and materials includes, but is not limited to: the design, layout, look, appearance, features, software code and graphics of the Application and any updates, upgrades or new releases made available to you by University Club. Reproduction of the Application (or any content or materials therein) is prohibited other than upon receiving explicit written permission of the University Club.
Customer acknowledges and agrees that as between Customer and University Club, title to and ownership of the Application, University Club’s proprietary technology used in the operation of the Site and/or the Services, and all intellectual property rights relating thereto, including without limitations: copyrights, hardware designs, algorithms, software, website content and “look and feel”, software and user-interface designs, architecture, documentation (both printed and electronic), network designs, know-how, libraries, skill sets, data, databases, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by University Club or licensed to University Club from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by University Club or Customer (collectively, “University Club’s IP”), are and will remain vested in University Club at all times and for all purposes. Customer will not knowingly take any action inconsistent with University Club’s rights in and to the Application and University Club’s IP. Customer will keep the Application confidential and to not disclose the Application to others.
The parties understand and agree that, due to the highly competitive nature of the computer software industry, the breach of any covenants set forth this Agreement may cause irreparable injury to University Club for which no adequate remedy at law will be available. Therefore, University Club will be entitled, in addition to such other remedies as it may have hereunder, to a temporary restraining order and preliminary injunctive relief for any breach or threatened breach of this Agreement without first posting bond or proving actual damages.
Terms of Service
Availability of Service. University Club reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). University Club also reserves the right to suspend access to the Site, the Application or the Services at any time to Customer if University Club concludes that Customer is in violation of this Agreement, or Customer’s actions are negatively impacting the performance of the Application or the Site. University Club may or may not notify Customer in advance of such suspension. Enforcement may be both automated and manual, and can include disabling Named User access, restricting access to Application functionality, requirement that Customer delete Customer Data, or any other similar action deemed appropriate by University Club. You agree that University Club shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of University Club. You agree that University Club shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Under no circumstances will University Club be liable for any damage or loss resulting from a cause over which University Club does not have control, including, without limitation, failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, mobile device errors or inoperability, general inoperability of the Internet, unauthorized access, theft, operator error, severe weather, earthquakes, and strikes or other labor problems.
User Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD UNIVERSITY CLUB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY UNIVERSITY CLUB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO UNIVERSITY CLUB’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON UNIVERSITY CLUB’ OWN NEGLIGENCE. IN NO EVENT SHALL UNIVERSITY CLUB’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THE APPLICATION AND ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Use “At Your Own Risk”. Your use of any information or materials made available or accessed by use of the Application or the Sites or the Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Sites or the Application meet your specific requirements.
Acceptable Use Policy for the Services, the Application and the Site
Customer shall not (i) permit any third party to access the Application or the Services except as permitted by the University Club, (ii) repurpose the Application (or any data therein) for Customer’s own use or otherwise create derivate works based on the Application or the Services, (iii) copy, frame or mirror any data or content of the Application or Services, (iv) reverse engineer the Application or Services to obtain (or attempt to obtain) the source code, or (v) access the Application or Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Application or Services.
You will not, and will not allow or authorize others to, use the Services, the Application or the Site to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Application or the Site or interference with the Application or the Site or any servers or networks connected thereto or disobey any requirements, procedures, policies or regulations of networks connected to the Application or the Site, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of University Club’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Application or the Site; or (vii) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Application or the Site.
Restricted Use of Posted Content and Marks
Unless otherwise indicated, University Club or its licensors holds the copyright to all content and materials displayed on the Application or the Site, including without limitation: written articles, photographs, text, graphics, logos, icons, images, postings, sound recordings, audio/visual clips and graphic designs or artwork (the “Materials”). Additionally, University Club owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Application or the Site, unless otherwise noted. Without the explicit consent of University Club, no material from the Application or the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Nothing in this Agreement constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in this Agreement should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of University Club or any third party.
Unless otherwise indicated, University Club allows you to view and print information, documents, and web pages located on the Application or the Site for your own personal use (but not for resale to others); provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to University Club and if possible provide a reference to University Club’s main website, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is University Club’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by University Club or its licensors.
You acknowledge that the content and materials displayed on the Application or the Site are provided “as is” for general information only and without warranties of any kind. While University Club endeavors to keep items current, the content and materials found on the Application or the Site should not be relied upon to be fully comprehensive or error free. University Club does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials, products or other information provided on the Application or Site or by the companies or organizations linked or referred to in the Application or the Site.
Freedom to Use Ideas
Consumer Review Fairness Act
The Consumer Review Fairness Act gives Customer certain protection against “gag” clauses prohibiting the disparagement of a service provider’s service offerings. The parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in this Agreement shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, Customer from engaging in any Covered Communication or (ii) transfer or require Customer to transfer to University Club any intellectual property rights in any otherwise lawful Covered Communication other than the non-exclusive license set forth in this Agreement; provided however that: (1) the foregoing shall not affect (A) any duty of confidentiality imposed by law, (B) any civil actions for defamation, libel or slander or any similar causes of action, or (C) University Club’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated or otherwise controlled by University Club any Covered Communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and services offered by or available at University Club’s Internet websites or webpages; and (2) the foregoing shall not apply to the extent that the clause in this Agreement prohibits disclosure or submission of (A) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (B) personnel and medical files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (D) content that is unlawful or otherwise meets the requirements of subsection (2)(C) above, or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files. Customer grants University Club, its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any Covered Communication, in whole or in part, in any media (including Internet) whether now know or hereafter created, without the requirement of an accounting or prior written notice to Customer by University Club. For purposes of this Agreement, “Covered Communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services or conduct of University Club by Customer.
Advertisers and Sponsors
University Club may choose to acknowledge certain persons and companies who have provided sponsorships or purchased advertisements on the Application or the Site. Such acknowledgement may be in the form of recognition by use of such persons or companies’ own names or marks and/or click on the links to any of our advertisers’ or sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our advertisers or sponsors, you do so on your own initiative and you agree that University Club is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such advertiser or sponsors in conjunction with the Application, the Site or the Services.
Links to Social Media Sites
The Application or the Site may contain links to other social media accounts and/or webpages hosted by or for University Club, which from time to time may include without limitation, Facebook, YouTube, and Twitter. Your access to and use of any such social media pages shall be governed by this Agreement to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that University Club has no control over the operations of the social media websites to which the Application or the Site may link and you acknowledge and agree to indemnify and hold harmless University Club for any breach of any terms or other service agreements of the social media site operators by virtue of your actions.
Term & Termination
This Agreement is effective from the date that you first download the Application or access the Site or on the date that you activate your club account, whichever is earlier, and continues in effect until terminated in accordance with this Agreement.
You may terminate this Agreement at any time by uninstalling the Application and by notifying University Club in writing that you wish to close your account, cease all access and use of the Application and the Services, including your club account, and terminate this Agreement.
University Club may terminate your club account or your access to the Site, the Application or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of this Agreement; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Application or the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services, the Application or the Sites; (vii) discontinuance of the Application or the Services as a whole or in part; (viii) a statement by you that you no longer agree to this Agreement, or a statement by you otherwise requesting termination of your access to the Application or the Services; and/or (ix) any other reason considered by University Club to be in its best interest.
Termination shall not relieve a party of any obligations (or breaches of this Agreement) occurring prior to termination or any rights and obligations surviving termination, including payment, ownership of intellectual property and confidentiality and restrictions on use.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL UNIVERSITY CLUB OR ITS SERVICE PROVIDERS OR ANY CONTRIBUTORS OF INFORMATION TO THE APPLICATION OR THE SITE OR OUR ADVERTISERS, SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S USE OR INABILITY TO USE THE APPLICATION, THE SERVICES AND/OR THE SITES, OR YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE APPLICATION, THE SERVICES AND/OR THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. UNIVERSITY CLUB’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL EXCEED $1000 FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM FOR, OR ALLEGEDLY CAUSING, THE DAMAGES DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL NOT APPLY WITH RESPECT TO ANY LOSSES OR DAMAGES INCURRED BY CUSTOMER TO THE EXTENT CAUSED BY AN ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY UNIVERSITY CLUB.
You acknowledge that you are fully responsible and liable for any tax consequences (federal, state, local or otherwise) that may be incurred as a result of your access and/or use of the Site, the Application and/or Services, and/or the membership benefits afforded under your account. You understand, acknowledge and agree that it is not the responsibility of University Club to determine the taxability, tax liability, and/or reporting requirements, for federal, state, local or other tax purposes, of a User of the Site, the Application and/or the Services. University Club makes no representations or warranties as to such tax matters.
University Club expressly disclaims, and each user of the Sites and/or Services expressly releases University Club from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between users of the Site, the Application and/or Services, including disputes between users and you.
Disclaimer of Warranties
THE SITE AND THE APPLICATION (INCLUDING WITHOUT LIMITATION ALL CONTENT AND MATERIALS) AND THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Site or the Application will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Site or the Application is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Site, the Application or the Services either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Site, the Application and the Services solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITE AND THE APPLICATION IS MANAGED IN THE UNITED STATES OF AMERICA. UNIVERSITY CLUB MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. UNIVERSITY CLUB MAKES NO REPRESENTATION THAT THE SITE, THE APPLICATION, THE SERVICES OR INFORMATION FOUND THROUGH THE SITE OR THE APPLICATION ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE OR THE APPLICATION FROM TERRITORIES WHERE THE CONTENT OR MATERIALS IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE AND/OR ACCESS THE APPLICATION OR THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials submitted to the Service and/or the Site infringe your copyright, you (or your agent) may send University Club a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow University Club to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site or the Application should be sent to UniversityClubPrivacy@vistahost.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Please provide all of the information requested above. No specific form is required to provide University Club with notifications of possible infringement. However, it will take University Club longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Venue
This Agreement is governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from this Agreement and shall not affect the legality, validity, or enforceability of the remaining provisions of this Agreement. Failure by us to enforce any particular term of this Agreement shall not be construed as a waiver of any of our rights hereunder. You agree that, if the rights and obligations of this Agreement are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies. This Agreement (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and University Club with respect to the Site, the Application and the Services.
If you have any questions regarding privacy while using the Application, the Site or the Services, or have questions about our practices, please contact us via email at UniversityClubPrivacy@vistahost.com.