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" Terms of Service Agreement
People Bridge, Inc. and the alumni association
and school associated with this site (collectively “Organization”) hope you
enjoy this online social networking community (“Service”). By using this
Service, you accept and agree to be bound by the following terms and conditions
(the ""Agreement""). We may change, suspend or discontinue any aspect
of said web site at any time for any reason, and without notice, without
liability to you, any other Member or any third party. We may modify this
Agreement at any time without notice, and such modifications shall be effective
immediately upon either posting of the modified Agreement or notifying you. You
agree to review the Agreement periodically to be aware of such modifications
and your continued access or use of the web site shall be deemed your
acceptance of the modified Agreement.
Eligibility
and Registration
You must be 16 years or older to use the Service. By registering for the
Service, you represent and warrant that you are 16 or older and that you have
the capacity to understand, agree to and comply with these Terms of Service
Agreement.
In addition, you must provide true, accurate and complete registration
information to be a Service member (""Member""). As part of the
registration process, you will be asked to provide your email address (that
will also serve as your login ID) and select a password and you will be
responsible for all activities occurring under your login ID and for keeping
your password secure. We may refuse to post any profile information provided by
you that impersonates someone else, is or may be protected by trademark or
proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as
determined by us in our sole discretion.
Appropriate
Conduct and Content; Personal Use Only
The Service is made available for your personal,
non-commercial use only. Businesses, organizations and other legal entities may
not use the Service for any purpose.
You may not use the Service for any illegal or
unauthorized purpose. International users agree to comply with all local rules
regarding online conduct and acceptable content, including laws regulating the
export of data from the United States or your country of residence. You are
solely responsible for your conduct and any data, text, information, graphics,
photos, profiles, audio and video clips, links and other content
(""Materials"") that you submit, post, and display on the Service.
We may, but shall have no obligation to, remove
Materials that we determine in our sole discretion are unlawful, fraudulent,
threatening, libelous, defamatory, obscene or otherwise objectionable, or
infringes or violates any party's intellectual property or other proprietary
rights or this Agreement.
Other examples of illegal or unauthorized uses
include, but are not limited to:
- Modifying, adapting,
translating, or reverse engineering any portion of the Service;
- Removing any copyright,
trademark or other proprietary rights notices contained in or on the
Service;
- Using any robot, spider, site
search/retrieval application, or other device to retrieve or index any
portion or the Service;
- Collecting any information
about other Members (including usernames and/or email addresses) for
unauthorized purposes;
- Reformatting or framing any
portion of the web pages that are part of the Service;
- Creating or transmitting
unwanted electronic communications such as ""spam,"" or chain
letters to other Members.
- Submitting Materials of any
third party without such third party's prior written consent;
- Directing any user (for
example, by linking) to any Materials of any third party without such
third party's prior written consent;
- Submitting Materials that
falsely express or imply that such Materials are sponsored or endorsed by
the Service ;
- Submitting Materials that
infringe, misappropriate or violate the intellectual property, publicity,
privacy or other proprietary rights of any party;
- Transmitting any viruses,
worms, defects, Trojan horses or other items of a destructive nature;
- Submitting Materials that are
unlawful or promote or encourage illegal activity; or
- Submitting false or misleading
information.
You also agree to not:
- upload, post, distribute, e-mail or otherwise publish or make
available on Service’s web sites any libelous, defamatory, obscene,
harmful, vulgar, threatening, tortuous, harassing, abusive, invasive of
another's privacy, hateful, racially or ethnically objectionable, or
otherwise illegal material;
- upload, post, distribute, e-mail or otherwise publish or make
available on Service’s web sites any Content that you do not have a right
to make available 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);
- upload, post, distribute, e-mail or otherwise publish or make
available on Service’s web sites any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
(""Rights"") of any party;
- upload, post, distribute, e-mail or otherwise publish or make
available on Service’s web sites any unsolicited or unauthorized
advertising, promotional materials, ""junk mail,""
""spam,"" ""chain letters,"" ""pyramid schemes,""
or any other form of solicitation; or
- upload, post, distribute, e-mail or otherwise publish or make
available on service’s LLC web sites any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
- Any submissions you make may be edited, removed, modified,
published or displayed by Organization without prior notice at its sole
discretion.
- Download any multimedia content paid or otherwise without a
registered and active account to the site.
While the Service prohibits the above conduct and
content on its site, you understand and agree that you nonetheless may be
exposed to such Materials and that you use the Service at your own risk.
By submitting, posting or displaying any
Materials on or through the Service, you automatically grant to us a worldwide,
non-exclusive, sub-licensable, transferable, royalty-free, perpetual,
irrevocable right to copy, distribute, create derivative works of, publicly
perform and display such Materials.
The images and materials found in the web sites
are copyrighted or otherwise proprietary. Permission to reprint or
electronically reproduce any document, photograph or graphic in whole or in
part for redistribution is expressly prohibited, unless prior written consent
is obtained from us. Should any visitor to our web sites provide information,
questions, comments, suggestions, ideas or any material through the feedback or
forum mechanisms located in the web sites, we shall have no obligation of any
kind with respect to such information and shall be free to reproduce, delete,
use, disclose and distribute the information to others without limitation.
None of the information contained in this web
site shall be construed as an indication of our views, opinions or
recommendations, or endorsement thereof. Except as specifically stated
otherwise, we do not endorse, operate, control, guarantee or assume
responsibility for any product, brand, method, treatment, information,
resource, hyperlink, services on or access to their web sites, in any way.
In consideration for your use as a visitor to or
advertiser on the web site, you agree that in no event will we or any other
party involved in creating, producing or delivering this web site or any site
linked to this web site, be liable to you in any manner whatsoever for any
decision made or action or non-action taken by you in reliance upon or access
to the information, advertising, e-commerce or other services provided through
the web site, even if you advise us of errors or the possibility of any claims
or damages.
In regards to health care, real estate,
investment, automotive and any other area, the information, resources and links
found on this site and the material and content contained therein is for
general information only and is not intended to be a substitute for
professional advice, service, diagnosis, interaction or treatment. Users of
these areas should not rely exclusively on information provided in these areas
for their own health care, real estate, investment, automotive and other needs.
All specific questions should be presented to your own professional health
care, real estate, investment, automotive and other professional.
You represent, warrant, covenant (a) that no
materials of any kind submitted to our web sites will (i) violate, plagiarize
or infringe on the rights of any third party; or (ii) contain libelous or
otherwise unlawful material; and (b) that you are at least eighteen (18) years
old. You shall indemnify, defend and hold harmless our organization and its
officers, directors, owners, agents and employees from all liability and costs
incurred by those indemnified in connection with any claim arising out of any
breach by you of this agreement.
Privacy Policy
Our collection and use of personal information is
governed by our Privacy Policy. You understand and agree that we may access,
preserve, and disclose your personal information and the contents of your
account if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to comply with legal process
or protect the rights and property of our organization, our affiliates or the
public. Nothing in these Terms of Service should be construed to confer any
rights to third party beneficiaries.
Disclaimer of Warranties
THE ORGANIZATION and its affiliates, licensors, partners, suppliers, consultants and agents MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE
ACCURACY OR COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY OPINIONS, ADVICE,
SERVICES, MERCHANDISE, ACCESS TO OR OTHER INFORMATION CONTAINED OR REFERENCED
IN THE ORGANIZATION’SS WEB SITES, AND ALL MATERIALS, INFORMATION (INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH
THE SERVICES), PRODUCTS AND SERVICES. USE OF THE SITE IS AT YOUR SOLE RISK AND
IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS WITH NO WARRANTIES
WHATSOEVER. THE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND TO
THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ORGANIZATION DOES NOT ASSUME ANY
RESPONSIBILITY OR RISK FOR YOUR USE OF THE WEB SITES OR THE INFORMATION CONTAINED THEREIN. THE ORGANIZATION DISCLAIMS any and all
responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or materials
displayed on the Service. THE ORGANIZATION disclaims any and all responsibility
and liability for the conduct of any Member. YOU AGREE THAT YOUR USE OF
THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify the Organization
from and against any third party claim arising from or in any way related to your
use of the Service, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs
and attorneys' fees, of every kind and nature. In such a case, the Organization
will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE ORGANIZATION BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER OR NOT THE ORGANIZATION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I)
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE,
FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES);(III)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) RELIANCE ON ANY
INFORMATION CONTAINED ON THE ORGANIZATION’S WEB SITES; (V) DOWNLOADING AND/OR
USING ANY SOFTWARE OR MATERIAL FROM OR THROUGH THE ORGANIZATION’S WEB PAGES OR
(VI) ANY OTHER MATTER RELATING TO THE ORGANIZATION’S WEB PAGES, AND (VI)
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
Term and Termination
These Terms of Service will apply to your use of
the Service. You may terminate your membership immediately at any time, for any
reason, by selecting the cancel account option in your profile. We may
terminate your membership immediately at any time, for any reason. Once your
membership terminates, you will have no right to use the Service. Our
proprietary rights, disclaimer of warranties, indemnities, limitations of
liability and miscellaneous provisions shall survive any termination of your
membership.
Notices
The Organization may provide you with notices
regarding the Service or these Terms of Service by regular mail, email, or
postings to this Web site.
Miscellaneous Provisions
These Terms of Service will be governed by and
construed in accordance with the laws of the State of Hawaii, without giving
effect to its conflict of laws provisions or your actual state or country of
residence. The parties agree to submit to the personal and exclusive
jurisdiction of the courts located in the County of Honolulu, Hawaii. If for
any reason a court of competent jurisdiction finds any provision or portion of
the Terms of Service to be unenforceable, the remainder of the Terms of Service
will continue in full force and effect. You shall not assign these Terms of
Service or assign any rights or delegate any obligations hereunder, in whole or
in part, whether voluntarily or by operation of law, without our prior written
consent. Any such purported assignment or delegation will be null and void and
of no force or effect. Without limiting the foregoing, under no circumstances
shall the Organization be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and the Organization.
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms of Service by a
party will be effective only if in writing and signed by a party.

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