Welcome to The Reunion Committee, Inc (hereafter, also referred to as "TRC") the dba entity of The Reunion Planner Inc.
By accessing or using the TRC Classmate\Reunion website ("Website"), in any way, including using any of its Services or Features, downloading materials or merely browsing the Website, you agree to and are bound by the Terms of Use set forth in this document and in any changes thereto that TRC may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Website.
We encourage you to review the Terms of Use. Additionally,
since TRC may occasionally revise these Terms of Use, at our own discretion, we
also encourage you to check back periodically to familiarize yourself with any
changes. If we make any changes or modifications, we will post the updated Terms
of Use on the Website. Please note that the changes become effective immediately
at the time of posting.
When using particular Services or Features, you and TRC shall be
subject to additional terms and any posted guidelines or rules applicable to
such services and features that may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into these Terms of
Use. If any terms contained in this Terms of Use conflict with any terms
contained within such guidelines or rules, or the Additional Terms, then the
terms in this Agreement shall control.
TRC reserves the right to cancel, suspend or refuse access to the Website, and any individual Service or Feature therein, to anyone at its sole discretion.
Unless explicitly stated otherwise, any new features or
products that change, augment or enhance the current Website shall be subject to
this Agreement.
MEMBER CONDUCT & USE OF SITE
Our Website contains areas that enable registered online
members of TRC Classmate\Reunion Website to communicate and share information
through posting content and sending messages. While we may provide you with
these features and opportunities, we also wish to remind you that you should
exercise appropriate caution when choosing which information you post on the
Website and send as messages to other members.
You are required to use TRC Classmate\Reunion Website responsibly, just as you
would act responsibly when interacting with others offline. We expect and
require that you take full responsibility for the content that you post or send
through our Website. We have established some Guidelines that we hope will
increase your awareness of your responsibilities to others when using the TRC
Classmate\Reunion Website and will enhance your enjoyment of our Website. These
Guidelines are incorporated by reference into this Terms of Use. We may update
these Guidelines periodically. In addition to your adherence to the Guidelines,
you specifically agree to comply with all applicable laws concerning the
transmission of technical data exported from the United States or the country
you reside in.
Guidelines
As some examples of improper activities when accessing or using the Website,
Services, Features or Materials, you agree that you shall not:
Please Let us
know if you encounter Content that you find offensive, possibly unlawful, or
that you believe otherwise violates these Guidelines
Monitoring and Enforcement.
We do not actively monitor the Message System or the Content that is posted or provided through the use of our Website, nor are we obligated to do so.
As such, and as we may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to Content that you find offensive or objectionable.
You can contact our Customer Service Department to let us
know of Content that you find objectionable. We may investigate the complaints
that come to our attention. If we choose to investigate the complaint, we will
take any action that we believe is appropriate, including, but not limited to
issuing warnings, removing the Content or terminating memberships. However,
because situations and interpretations vary, we also reserve the right not to
take any action. In such cases, we may not remove Content that you believe is
objectionable or offensive. Please remember that you can always choose to
refrain from using any part of the Website that exposes you to something that
you are uncomfortable with. Under no circumstances will we be liable in any way
for any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of,
access to, or denial of access to any Content.
SUBMITTING OR POSTING CONTENT
When you participate in using the features of TRC Classmate\Reunion Website,
you are granting TRC certain rights to use the Content you submit or post
through the Website. By submitting Content you grant us a royalty-free,
worldwide, non-terminable, non-exclusive license to use, reproduce, modify,
adapt, edit, market, publish, store, distribute, have distributed, publicly and
privately display, communicate, publicly and privately perform, transmit, have
transmitted, created derivative works based upon, and promote such Content (in
whole or in part) in any medium now known or hereafter devised, for editorial,
commercial, promotional and all other purposes including, without limitation,
the right to publish your name in connection with your Content; and the right to
sublicense any or all of these rights. You acknowledge that TRC owns all right,
title, and interest in any compilation, collective work or other derivative work
created using or incorporating the Content.
Please remember that you are ultimately responsible for all Content that you provide and you warrant and represent that: the Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and you have all necessary copyright and other related rights to the Content your provide, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
No compensation will be paid for the use of your Content,
including, without limit, any photograph you may provide.
AVAILABILITY OF SERVICES
TRC does not provide you with access to the Internet or the equipment necessary
to access the Internet or the Website or Services. You are responsible for the
fees charged by other parties to obtain access to our Website and Services (by
way of example only, Internet service provider or airtime charges) and for
providing the equipment necessary to access the Website and its Services and
Features. From time to time TRC may modify, suspend or discontinue any of the
Services or Features offered on our Website without notice to you. TRC shall not
be liable to you for any modification, suspension or discontinuance of Services
or Features. TRC may establish certain policies and practices concerning use of
the Services and Features, including without limitation the maximum number of
email or other Content that can be sent through use of our Services and
Features, and the number of days that these items will be retained on our
systems. TRC has no responsibility or liability for the deletion or failure to
store any messages or other Content maintained or transmitted by or through our
Services and Features. We reserve the right to change our practices and policies
at any time, in our sole discretion, with or without notice to you.
DISCLAIMER OF WARRANTIES.
You understand and agree that:
Our Website and the services and features provided through it are provided on an
"as is" and "as available" basis. The Reunion Committee, Inc. disclaims to the
fullest extent permissible by law, and you waive, all warranties of any kind,
whether express, implied, or statutory, including without limitation the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. The functions, materials and content of the website are not
warranted to be uninterrupted, timely, secure or error-free, and TRC makes no
warranty that the information on the website will be accurate, current or
reliable or that the quality of any products, services, information or other
material purchased or obtained by you through the website will meet your
expectations. TRC disclaims any responsibility for the deletion, failure to
store, non-delivery, incorrect delivery or untimely delivery of any information
or material. You assume the entire risk of loss and damage due to your use of
the website, including but not limited to the cost of repairs or corrections to
your hardware or software.
THE REUNION COMMITTEE, INC (TRC) PROPERTY RIGHTS
The TRC Classmate\Reunion Website (and all of the material that it contains) is
owned by The Reunion Committee, Inc., or its third party licensors and is
protected by intellectual property and other laws throughout the world. Nothing
found on the Website may be copied, reproduced, republished, distributed, sold,
licensed, transferred or modified without the express written permission of The
Reunion Committee, Inc
Unauthorized use, copying, reproduction, modification, republishing, uploading,
downloading, posting, transmitting, distributing or duplicating or any other
misuse of any part of the website is prohibited.
Nothing contained in the Terms of Use or in the materials on the Website should
be construed as granting, by implication or otherwise, any license or right to
use any material in any manner without the prior written consent of The Reunion
Committee, Inc. or such third party that may own the material or intellectual
property displayed on this Website. In addition, use of the content or materials
for any purpose not expressly permitted in the Terms of Use is prohibited.
TERMINATION/CANCELLATION
You may terminate your registration at any time by contacting our Customer
Service Department. If you have a dispute with us relating to the Website or its
Services or Features, you may cancel your registration or cease use of the
Website. The cancellation of your membership or ceasing all use of our Website
is your only remedy with respect to any such dispute that you may have with us.
We will attempt to process all cancellation requests within 72 hours after we
receive your request. On occasion, certain members may not comply with the terms
and conditions in the Terms of Use. If we determine, in our sole discretion,
that you are not in compliance with the Terms of Use, we reserve the right to
terminate your membership and access to the Website, it's Services and Features.
Upon any termination or cancellation of your membership, we may immediately
deactivate or delete your membership and all related information and/or bar any
further access to your membership or information.
LIMITATIONS OF LIABILITY
Your use of the Website is entirely at your sole risk. The Reunion Committee,
Inc and its parents, subsidiaries and affiliates, and their respective owners,
directors, officers, employees, licensors, contractors and agents shall not be
liable for any direct, indirect, incidental, consequential, special, exemplary
or punitive damages or losses (including without limitation loss of profits,
goodwill, use, data or other intangible losses), whether based in contract,
tort, strict liability, or otherwise, which you may incur in connection with the
use of, or inability to use, the website, even if The Reunion Committee, Inc.
has been advised of the possibility of such damages or loss.
INDEMNIFICATION
You shall indemnify and hold harmless, and at The Reunion Committee, Inc.
request defend, TRC, its parents, subsidiaries, and affiliates, as well as the
irrespective directors, officers, shareholders, employees, contractors, agents
and owners (each, an "Indemnified Party") from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys' fees, an allocation for in-house counsel, and
other legal costs) arising out of your acts or omissions, including claims
resulting from your use of the Website, your submission, posting or transmission
of information or Content, or any breach of your obligations set forth in this
agreement. You shall reimburse each Indemnified Party on demand for any costs,
expenses and liabilities incurred by such Indemnified Party to which this
indemnity relates.
CHOICE OF LAW & VENUE
The Terms of Use, your access and use of the Website and Services and the
relationship between you and TRC is governed by the laws of the State of
California, without giving effect to its conflict of law provisions. TRC and you
both agree to submit to the personal and exclusive jurisdiction of the courts of
the State of California. You are responsible for complying with local laws, if
and to the extent local laws are applicable. Not withstanding the foregoing, TRC
shall have the right to commence and prosecute any legal or equitable action or
proceeding before any United States or non-United States court of competent
jurisdiction to obtain injunctive or other relief in TRC' sole discretion.
Regardless of any statute or law to the contrary, any claim or cause of action
by you arising out of or related to use of the Website or the Terms of Use must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
COPYRIGHT AND TRADEMARK NOTICE
Website and its Contents Copyright (c) 2005 - 2006 The Reunion Committee, Inc.
All rights reserved. The Reunion Committee, Inc., Reunion Committee.com,
ReunionCommittee.net and all the brands of other TRC products and services shown
herein are the trademarks or registered trademarks of The Reunion Committee,
Inc. Other trademarks belong to their respective owners.
MISCELLANEOUS TERMS
Our relationship is not one of agency or partnership and neither you nor TRC
shall be deemed to be a partner, employee, fiduciary, agent or representative of
the other by your use of the Website. You may not assign or transfer your rights
to any third party. The terms and conditions in the Terms of Use are severable.
In the event that any provision is determined to be unenforceable or invalid,
such provision shall still be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions. If The Reunion Committee, Inc.
fails to enforce any provision of the Terms of Use it shall not constitute a
waiver of such provision. The Terms of Use may be modified only by The Reunion
Committee, Inc. posting changes to the Terms of Use on the Website.
Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of The Reunion Committee, Inc. successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right there under, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, any Additional Terms, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.