TERMS AND CONDITIONS
for Users of Harris Connect’s
GRADUATE CONNECTION® Online Community
The Graduate Connection® Online Community (the "Online Community") is provided by Harris Connect, LLC. ("Harris Connect") under contract with a particular educational institution, alumni association or education foundation affiliated with a particular educational institution (the "Institution"). These are the Terms and Conditions which shall apply to any person who registers, subscribes to or otherwise becomes a member ("User") of and participates in the Online Community.
In order to use the Online Community, you are required to agree to be bound by these Terms and Conditions by clicking on "I Accept". Please read these Terms and Conditions carefully. If you do NOT agree with these Terms and Conditions and do not click the "I Accept" button, you must immediately DISCONTINUE your use of this website. If you accept, these Terms and Conditions become an agreement between you and Harris Connect. You can access these Terms and Conditions at any time through the Community under the Member Services menu.
I. Privacy of Your Information
The Online Community is password-protected to allow access only by registered authenticated Users. Although this precaution should effectively protect any PII available through the Online Community from abuse or outside interference, a certain degree of privacy risk is faced any time information is shared over the Internet. Therefore you have the ability to choose to hide some or all of your PII from being viewed by other Users by updating your profile. Be assured that Harris Connect’s online security is consistent with online industry security requirements and access to your own PII is password protected to further ensure your privacy. However, Harris Connect cannot and will not be responsible for any activity of the Institution that results in a deviation from Harris Connect’s standard security measures. You are responsible for securing your user name and password. Therefore you should take your own precautions to keep your user name and password confidential and secure, and notify Harris Connect immediately if you believe unauthorized access to your account has occurred, or your ID or password has been lost, stolen or compromised in any way. Permitting unauthorized use of your user name and password by a third party may result in termination of your access to the Online Community and additional charges to your account. Given the rapid rate of development of technological threats to privacy, information security and Internet activities, Harris Connect cannot and will not be liable for security breaches beyond its control. No one can guarantee the security of PII under all circumstances. But working with you to take care to protect PII using the most accepted business practices, together you and Harris Connect can keep your PII as safe as possible.
Harris Connect may use PII to send email to Users containing selected information that it deems may be of interest to them and may also send email on behalf of its partners and vendors under contract with Harris Connect, for which each User will have the right to opt out.
II. Policy and Guidelines for Proper Use
To safeguard the security and operation of the Online Community, Harris Connect and the Institution have adopted certain guidelines and policies to govern User conduct in the Online Community.
A. Unauthorized copying, reproduction, re-publishing, re-transmission, re-distribution, uploading, downloading, posting, caching or duplicating any material (for purposes of this Section II, "material" or information" shall include text, visual or audio) on the Online Community is prohibited. You may download or copy only those downloadable material displayed on the Online Community which are specified as available for home, non-commercial and personal use; provided however that: you maintain all copyright, trademark and other notices contained in such material; you agree to abide by all additional intellectual property notices or restrictions contained in any material accessed through the Online Community; you do not violate any trade secret or other personal or proprietary right of any third person; unless otherwise permitted under the U.S. Copyright Act or as permitted hereunder or by the owner thereof.
B. Use of information or communications available through the Online Community for any commercial, public or political purposes is strictly prohibited. Prohibited activities also include but are not limited to: solicitations for commercial services; cold-calling of any kind; and mass-mailings for any commercial or political purpose. Information available through the Online Community may only be used for personal communication between Users and Institution-related purposes.
C. No User shall:
1. restrict or inhibit any other User from enjoying any service on the Online Community, or disrupt, modify or interfere with the Online Community or information or material associated therewith in any way;
2. use the Online Community to transmit, publish or display any defamatory, inaccurate, abusive, obscene, profane, vulgar, sexually explicit, threatening, ethnically offensive, harmful, illegal (including unauthorized), pornographic or child pornographic, material or language of any kind;
3. upload, transmit, distribute or otherwise publish any material containing any virus, spyware or other computer program, code or component intended to damage, interfere with, intercept or expropriate any data, personal information, program or system, or that may be deemed to be junk mail or an invasion of any person’s privacy, or any encrypted material;
4. resell or attempt to resell, or otherwise commercially exploit any portion of the Online Community;
5. authorize, allow or provide access to, any other party to use the Online Community; and
6. attempt to gain access to Harris Connect’s servers in any manner, including without limitation by using administrator passwords or by masquerading as an administrator while using the Service or otherwise (other than by connecting to Harris Connect’s servers by http requests using a Web browser).
D. Users agree that they are not permitted to use email to engage in advertising to, or solicitation of, other Users to buy or sell any product or service in or through the Online Community. Users are responsible for information they send through or display through the Online Community, even if a claim should arise after termination or expiration of access or membership.
E. Users may only use the Online Community for lawful purposes. Harris Connect does not necessarily endorse, encourage, verify or agree with any information, material or opinion placed in any location on the Online Community.
F. Any alias adopted by a User is subject to approval by Harris Connect in its sole discretion to ensure that the proper image is associated with the Institution. Use of fictitious names is prohibited.
G. Each User shall refrain from falsifying his/her identity in order to gain access to another User’s records or PII. If Harris Connect and/or the Institution believe that such falsification may have occurred, the User will be denied further access to the Online Community pending further investigation, possible permanent denial of access, and termination of membership may result. In any case where falsification of identity appears to have occurred in breach of any applicable federal or state law, Harris Connect and/or the Institution will report such occurrence to the appropriate law enforcement or federal agencies.
H. Harris Connect and the Institution, jointly and severally, are not responsible for screening any communication by any User in the Online Community in advance, do not do so, and will not actively monitor the use of the Online Community. For this reason, it is essential that Users report any abuse or misuse of the Online Community to Harris Connect and/or the Institution. If Harris Connect or the Institution determines that a User's participation in the Online Community creates a liability for Harris Connect or the Institution, or Harris Connect or the Institution reasonably believes that a User has violated the Terms and Conditions, Harris Connect or the Institution reserves the right, each in their sole discretion, to take action against such User.
I. Harris Connect reserves the right to expel a User, discontinue/terminate the subscription of the User, and deny a User further access to the Online Community without notice if such User violates these policies or any applicable law or regulation.
III. Ad Content and Content on the Online Community
B. Identification. Harris Connect clearly identifies all Ads, sponsorships and sponsor-related materials on the Online Community. On each Ad there must be at least one place where the advertiser’s name or registered URL is disclosed. If you choose to click on an Ad, Harris Connect is not responsible for the content of the Ad or the Advertiser’s site if linked by any Ad.
C. Prohibited Advertising. Harris Connect does not permit advertising:
1. of firearms, massage or escort services, astrology, 900 numbers, gambling, alcohol (including beer) or tobacco; or
2. that is false, misleading or inaccurate (including but not limited to bait & switch), is harmful, obscene, pornographic or child pornographic (including but not limited to NC-17 or X rated movies or any site deemed to contain pornographic material), violates any law or governmental regulation or judicial or administrative order, contains any virus, spyware or other computer program or code intended to damage, interfere with, intercept or expropriate any data, personal information, program or system, or contains a promise or representation that cannot be promptly fulfilled or otherwise sets unrealistic user expectations. “Spyware” includes but is not limited to: a software-based trigger or program that monitors usage of a computer, sends information about such usage or identifying information to a remote computer or server, and/or displays or causes to be displayed an advertisement in response to such usage without the knowledge or consent of the user (e.g., a Trojan horse).
D. Copyright. Except for public domain material, all material displayed on the Online Community is copyrighted, and may not be copied, redistributed or downloaded, in whole or in part, without the prior consent of the copyright owner, unless clearly stated otherwise in these Terms and Conditions or on the Online
IV. Limited Liability, Exclusion of Warranties, Indemnity & Force Majeure
Neither Harris Connect nor the Institution is providing the means of access to the Online Community, and neither shall be responsible for disruptions in or to access due to Internet connectivity or for any other reason.
You acknowledge that the Online Community is provided on an "as is" basis and your use of the Online Community is at your own risk. The reliability of information available through the Online Community is largely dependent upon the actions of Users. Harris Connect, its affiliates and third party service providers, and the Institution, make no warranty or representation: that the Online Community web site will operate error-free or that access will be uninterrupted; that the site for the Online Community and its server(s) are free of computer viruses or other harmful material; regarding any information, material, product or service provided through or in connection with the Online Community by anyone, including but not limited to other Users, including but not limited to availability, accuracy, reliability, completeness, quality, value, timeliness or content of any information, product or service. Harris Connect shall not be deemed a party to any transaction between a User and an advertiser or provider of a product or service on or through the Online Community, and shall not be liable for any action or inaction related thereto.
Harris Connect makes no representation that materials, information or services on the Online Community are available, legal or appropriate in any specific location.
Users are responsible for compliance with local applicable laws when using the Online Community.
To the fullest extent permitted by the law, Harris Connect, its affiliates and third party service providers expressly disclaim all warranties, including without limitation the warranties of merchantability, non-infringement and fitness for particular purpose. In no event shall Harris Connect, its affiliates and third party service providers, or the Institution, be liable for any damages, including without limitation incidental, special, exemplary, direct, indirect, consequential or punitive damages, caused or allegedly caused by use of, reliance on, or inability to use, information, services or materials available on or through the Online Community, whether for breach of contract, tort, negligence, strict liability, loss of data or under any other cause of action (even if advised of the possibility of such damages), or for any action or inaction by any User. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
By using the Online Community, you agree to indemnify, defend and hold harmless, and release Harris Connect, its affiliates and third party service providers, and the Institution, and their respective officers, employees and agents, from and against any loss, claim, damage (actual and consequential), cost and expense (including reasonable attorney’s fees), known and unknown, that may arise from your use of the Online Community or the use by any person you allow access or to whom you provide access, or breach of these Terms and Conditions. Harris Connect will provide notice to such Users of any such action or claim, and Harris Connect reserves the right to participate, at its expense, in the investigation, settlement and defense of any such action or claim. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Harris Connect does not represent that it will continue to make the Online Community available indefinitely or for any specific period of time.
Harris Connect reserves the right, in its sole discretion: to modify any and all specifications, elements, features and characteristics of the Online Community; cease making it available; and to terminate your ability to access the Online Community, for any or no reason, without notice.
Force Majeure. Harris Connect assumes no responsibility for any damage caused by occurrences beyond its control, including but not limited to acts of God, strikes or other labor disturbances, war, whether declared or not, terrorism, sabotage and any other cause whether or not similar to those herein specified.
V. Payment Method
Full access to the Online Community will be granted upon an approved online transaction (i.e., annual subscription) using one of the accepted credit cards shown on the Online Community. Access will continue for twelve (12) months, and the User will be notified via email (if available) in advance of the end date of the subscription and offered the opportunity to renew the subscription at the then-current rate.
VI. Refund Policy
Once you have submitted payment of the annual subscription fee for access to and use of the Online Community website, it is understood that this amount is non-refundable due to the effort of setting up authentication of your record.
VII. Certification of Age, Minors
By agreeing to these Terms and Conditions, you are certifying that you are at least 18 years old. Children below the age of 18 (minors) are not eligible to become Users and are not permitted to use the Online Community or its services. They should not attempt to do so, nor submit any PII. If Harris Connect becomes aware that a minor is using the Online Community, access will be terminated, and the ID and password disabled. It is Harris Connect’s policy to comply with the Children’s Online Privacy Act and fair information practices.
VIII. Governing Law
These Terms and Conditions shall be governed by and construed under the laws of the State of New York, without regard to its conflict of laws provisions.
IX. Dispute Resolution
Any dispute arising under or in connection with these Terms and Conditions shall be settled by arbitration conducted in the counties of Westchester or New York, New York in accordance with then-current rules and procedures of the American Arbitration Association, and judgment upon the award rendered may be entered in the federal or state courts of New York located in the counties of New York and Westchester or in any court of competent jurisdiction, or application may be made to such court for a confirmation or judicial acceptance of such award, or for an order of enforcement or other legal remedy as the case may be. User specifically submits to the jurisdiction of these courts for entry of judgment on the arbitration award. The fees and expenses of such arbitration, the arbitrators and its enforcement shall be borne equally by the respective parties or as determined within the discretion of the arbitrator(s) and the above-mentioned courts. Nothing contained herein shall abrogate or limit the User’s or Harris Connect’s right to obtain equitable relief in connection with these Terms and Conditions in a court of competent jurisdiction.
User’s online access and subscription are not assignable and may not be transferred to anyone.
These Terms and Conditions constitute the entire agreement between User and Harris Connect, and supersede any other agreement between them, whether oral or written. Headings have been included for convenience only and shall not be used in construing the provisions of these Terms and Conditions. Unless otherwise stated, these Terms and Conditions shall survive its termination or expiration.
Please note that Harris Connect may, from time to time, revise these Terms and Conditions, and User’s continued use of the Online Community constitutes User’s agreement to comply with the then-current Terms and Conditions posted in the Online Community available at any time through the Community under the Member Services menu.
Users should periodically review the Terms and Conditions to ensure familiarity with the latest version, whose date will appear below.
Recent Changes/Updates to these Terms and Conditions
The effective date of the most recent update is: September 22, 2008