Welcome to the UWF National Alumni Association Online Community. As part of our service, UWF National Alumni Association ("UWFNAA") agrees to provide you with information libraries, and other computer services that UWFNAA may decide to offer, subject to the terms of this Agreement, and modified by the Disclaimer.
Upon notice published through the Service, UWFNAA may modify this Agreement at any time. You agree and continue to agree to use UWFNAA services 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 below. Please note that you will be referred to as "User" from time to time in this Agreement.
UWFNAA may change or discontinue any aspect or feature of these Online Services, including but not limited to, content, functionality, hours of availability, and hardware or telecommunications equipment, software or services needed for access or use. Any use of these Online Services by you after any such changes, modifications, or addition shall be governed by the On-line Community Policy Agreement in force at the time of your use.
RULES FOR ONLINE CONDUCT
By using the Service, you agree that you will not post any of the following material on Service or Internet mailing lists:
Users who violate the Terms of Service will receive a warning from forum sysops or another agent of UWF stating that User has committed a violation and that further violations may result in the termination of User's account. After one or more warnings, depending on the nature of the violation, UWFNAA at its sole discretion may terminate User's account.
NON-TRANSFERABILITY OF MEMBERSHIP
User accounts may not be shared, transferred, or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User. The UWFNAA grants to User a personal, non-exclusive, non-assignable and non-transferable license to use and display the UWFNAA software ("Software") on any machine(s) of which User is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. User acknowledges that User may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void. User also acknowledges all consequences of using the services provided herein. If any negative consequences arise from the use or access vis-a-vis this service, it is the User's responsibility to apply the initial remedy. Should UWFNAA need to remedy a negative situation created by a User's use of the license provided, that remedy may include revocation of privileges.
ONLINE COMMUNICATION SERVICES
Communication services provided through Online Services - such as the Alumni Directory, alumni-specific web pages, and other services in the future, is a part of the Service designed for private communication between alumni users. UWFNAA will not monitor this communication, but reserves the right to take action against any User who is defaming, harassing or otherwise offending another User through e-mail, if it comes to UWFNAA's attention that this type of abuse is occurring.
EQUIPMENT
You are solely responsible for obtaining and maintaining nay telephone, computer hardware and software, modems, telecommunications connections, and/or other equipment and/or services that are or may be needed for access to and use of UWFNAA's Online Community Services, and for all costs associated therewith.
LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. UWFNAA'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE UWFNAA SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, UWFNAA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT UWFNAA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER UWFNAA NOR ANY OF ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF UWFNAA WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.
IT SHOULD BE NOTED THAT THERE ARE NO FACILITIES PROVIDED BY THE UWFNAA SYSTEMS FOR SENDING AND RECEIVING CONFIDENTIAL MESSAGES AND FILES. ALSO, THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986 ALLOWS SYSTEM ADMINISTRATORS OR OTHER UWFNAA EMPLOYEES TO ACCESS USER FILES IN THE NORMAL COURSE OF THEIR EMPLOYMENT WHEN NECESSARY TO PROTECT THE INTEGRITY OF COMPUTER SYSTEMS OR THE RIGHTS OR PROPERTY OF THE UWFNAA. FOR EXAMPLE, SYSTEM ADMNISTRATORS MAY EXAMINE OR MAKE COPIES OF FILES THAT ARE SUSPECTED OF MISUSE OR THAT HAVE BEEN CORRUPTED OR DAMAGED. USER FILES MAY BE SUBJECT TO SEARCH BY LAW ENFORCEMENT AGENCIES UNDER COURT ORDER IF SUCH FILES CONTAIN INFORMATION WHICH MAY BE USED AS EVIDENCE IN A COURT OF LAW.
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
TRADEMARKS
The UWFNAA logo, and all computer-generated graphics on this Service are trademarks of UWFNAA. All other trademarks appearing on the Service are trademarks of their respective owners.
NOTICE
UWFNAA may give notice to Users by means of a general notice on the Service, electronic mail to User's e-mail address on record in UWF's account information, or by written communication sent by first class mail to a User's address on record in UWFNAA's account information. You may give notice to UWFNAA (such notice shall be deemed given when received by UWFNAA at any time by any of the following: electronic mail to alumni@uwf.edu letter telecopied to UWFNAA at the following fax number: (850) 474-2714; letter delivered by first class postage prepaid mail or courier to UWFNAA at the following address:
University of West Florida National Alumni Association
11000 University Parkway
Pensacola, FL 32514
INDEMNIFICATION
User agrees to indemnify and hold UWFNAA, its employees, officers, and agents harmless from any claim or expense, including fees, costs or and attorneys fees, arising out of Users use of the Service or related to any dispute which may arise from a breach of terms of this Agreement. User agrees to indemnify and hold harmless UWFNAA, its employees, officers, and agents from any claims and expenses, including reasonable attorney's fees and court costs, related to User's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by User.
TERMINATION OF SERVICE
UWFNAA may terminate your account or access rights to this Service at any time, without notice, for conduct that UWFNAA believes violates this Agreement or other policies or guidelines that UWFNAA has posted on a UWFNAA service. UWFNAA may terminate your account or access rights to this Service for online conduct that UWFNAA believes is harmful to other Users, to UWFNAA's business, or to other information providers.
CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of the State of Florida. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Florida. User agrees to personal jurisdiction by the state and federal courts sitting in Escambia County.
MERGER CLAUSE
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between UWFNAA representatives and User. UWFNAA may amend or modify this Agreement or impose new conditions at any time upon notice from UWFNAA to User as published through the Service. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications or new conditions.
