Terms of Use

Last updated: [June 1, 2018]

By using the Nicholls State University Alumni Federation alumni website you agree to be bound by the following terms and conditions (“Terms of Use”). This agreement is personal to you; it cannot be assigned or transferred. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

1. Your Acceptance By using and/or visiting the Nicholls State University Alumni Federation alumni Website you signify your agreement to:
   1. These terms and conditions (the “Terms of Use”); and
   2. The Nicholls State University Alumni Federation privacy policy, which is incorporated here by reference.
   If you do not agree to any of these terms, or the privacy policy, please do not use this Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Website These Terms of Use apply to all users of the Website, including users who are contributors of content and other materials or services on the Website. The term Website shall be understood to include all aspects and services of the Nicholls State University Alumni Federation alumni Website, including but not limited to all products, software and services offered via any website such as the blogs, groups, clubs, directories, discussion boards, job boards, mentor platforms, messaging, social and professional networking, photo and video uploading, commenting, mailing lists, and other applications. The Website electronically publishes news and information that may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to alumni. Nicholls State University Alumni Federation does not review, monitor, verify or guarantee the accuracy, completeness or timeliness of or otherwise endorse information provided by any organization or individual, give advice or advocate the purchase or sale of any product or service not directly offered by Nicholls State University Alumni Federation or its affiliates. The Website may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. The text and other materials on these Website are the opinion of the specific author and are not statements of advice, opinion, or information of Nicholls State University Alumni Federation. The Website may contain links to third-party websites that are not owned by, affiliated with or controlled by Nicholls State University Alumni Federation. Nicholls State University Alumni Federation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites not directly affiliated with Nicholls State University Alumni Federation. In addition, the Website will not and cannot censor or edit the content of any non-affiliated third-party site. By using the Website, you expressly release Nicholls State University Alumni Federation from any and all liability arising from your use of any third-party website.
3. Your Account In order to access some features of the Website, you will have to create an account. By creating an account you agree to these Terms of Use and thereby agree to use of the Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined here. Please note that you will be referred to as “User” from time to time in this Agreement. You may never use another’s account. Your User account may not be shared, transferred, or sold to other parties. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nicholls State University Alumni Federation immediately of any breach of security or unauthorized use of your account. Although Nicholls State University Alumni Federation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nicholls State University Alumni Federation or others due to such unauthorized use.
4. Rules for Online Conduct You agree to use the Website in accordance with all applicable laws. Because Nicholls State University Alumni Federation is a nonprofit, tax-exempt organization, you agree that you will not use the Website for organized partisan political activities or commercial purposes. You further agree that you will use all of the services or information provided on the Website in accordance with the rules of conduct set forth below. This includes interactions with other users by email, web post, postal mail, or phone. Prohibited conduct:
   1. Posting content that defames or threatens others
   2. Posting statements that are bigoted, hateful or racially offensive
   3. Posting content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets. When quoting copyrighted material, please adhere to the Electronic Frontier Foundation’s Fair Use Guidelines
   4. Posting material that contains obscene language or images
   5. Advertising or any form of commercial solicitation
   Statements or postings that violate the above terms will be deleted from the Website upon discovery. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright of the material, or other legal entitlement to use the material. Any person posting material protected by copyright for the benefit of any third-party represents and warrants consent or permission has been obtained to post such materials. Although Nicholls State University Alumni Federation does not screen or monitor content posted by users to the Website, Nicholls State University Alumni Federation reserves the right to remove content that violates the above rules of which it becomes aware. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not “flood” or disrupt the Website through any means or process. You may not copy, scrape, download, export or otherwise capture any data obtained in the Website, e.g., the alumni directory, and/or store it outside of the system, e.g., in a separate spreadsheet, email list, database or other external repository without the permission of Nicholls State University Alumni Federation. Nicholls State University Alumni Federation may grant permission by configuring User accounts to allow such activities. You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website.
5. Online Communication Services Communication services provided through the Website, such as the directory, online communities, discussion boards, blogs, messaging, social and professional networking, and other services in the future, are a part of the Website designed for communication between Users. Nicholls State University Alumni Federation will not monitor these communications, but reserves the right to take action against any User who defames or harasses another User through any of the services offered through the Website, if it comes to Nicholls State University Alumni Federation’s attention.
6. Online Alumni Communities Nicholls State University Alumni Federation provides a platform on which alumni can create and join online alumni communities based on shared interests or experiences. Participants in online alumni communities may not represent or imply that their opinions represent those of Nicholls State University Alumni Federation. Nicholls State University Alumni Federation reserves the right to remove all or any portion of an online alumni community’s information from the platform at any time and at Nicholls State University Alumni Federation’s sole discretion. All online alumni community participants and organizers agree not to post or facilitate the posting of any material in violation of these Terms of Use. Online alumni community participants and organizers also agree to provide reasonable assistance at the request of Nicholls State University Alumni Federation and its representatives to address any violations of this policy as determined by Nicholls State University Alumni Federation. Participants and organizers also agree not to use the online alumni community for any activity that violates any federal, state or local law.
7. Disclaimer of Warranty / Limitation of Liability Nicholls State University Alumni Federation does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through these Website is at your own risk. YOU AGREE THAT Nicholls State University Alumni Federation WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE WEBSITE, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE. IN PARTICULAR, Nicholls State University Alumni Federation WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF EMAIL OR OTHER SERVICES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE A WEBSITE, OR ANY PURCHASES ON THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON A WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Nicholls State University Alumni Federation makes no representation regarding your ability to transmit and receive information from or through the Website and you agree and acknowledge that your ability to access the Website may be impaired. Nicholls State University Alumni Federation disclaims any and all liability resulting from or related to such events.
8. Choice of Law/Forum Selection All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California located in the county of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Notice Nicholls State University Alumni Federation reserves the right to update this Terms of Use from time to time. Nicholls State University Alumni Federation will notify you of any changes and/or modifications by updating the “Last Modified” date on this page, sending an electronic communication detailing the changes, posting a notification on the Services, or as required by law. Any changes or modifications will be effective immediately upon posting the update on Nicholls State University Alumni Federation’s Services. You are encouraged to periodically review these Terms of Use to stay informed of updates. Your continued use of Nicholls State University Alumni Federation’s Services after receipt of such revised Terms of Use will be deemed an acceptance of the changes.
10. Termination of Service User may terminate this Agreement by cancelling his or her account. To do this the user must contact Nicholls State University Alumni Federation through phone or mail as listed below. Nicholls State University Alumni Federation may terminate your account or access rights to the Website at any time, without notice, for conduct that Nicholls State University Alumni Federation believes violates this Agreement or other policies or guidelines that Nicholls State University Alumni Federation has posted. Nicholls State University Alumni Federation may terminate your account or your access rights to the Website for online conduct that Nicholls State University Alumni Federation believes is harmful to other Users, to Nicholls State University Alumni Federation’s business, or to other information providers.
11. Trademarks The logo, name and all graphics on the Website or its affiliates are trademarks of Nicholls State University Alumni Federation or its affiliates. You must not use, reproduce, copy, or redistribute such marks without the prior written permission of Nicholls State University Alumni Federation or its affiliates. All other trademarks or service marks appearing on the Website are the marks of their respective owners.
12. Indemnification You agree to defend, indemnify and hold Nicholls State University Alumni Federation, its trustees, officers, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Website or your placement of any content onto the Website, and to fully cooperate in Nicholls State University Alumni Federation’s defense against any such claims.
13. Copyright License & Complaints Owners of posted materials grants Nicholls State University Alumni Federation a non-exclusive, royalty-free, perpetual license to reproduce and distribute any content posted on the Website. Nicholls State University Alumni Federation respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Website, please provide the following information:
    1. The name, address, and physical or electronic signature of the complaining party
    2. Identification of the infringing materials and their Internet location, or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials
    3. Sufficient information to identify the copyrighted works
    4. A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of
    5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder
14. Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Nicholls State University Alumni Federation with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
15. Contact Information To ask questions or comment about this Terms of Use, contact us at:
    
    alumniaffairs@nicholls.edu