THE ALUMNI SOCIETY TERMS OF SERVICE
Last Updated: [March 29]
These Terms of Service (“Terms”) apply to your access to and use of The Alumni Society websites, applications and other online products and services (collectively, our “Services”) provided by Guerrero LLC (“Guerrero,” “we” or “us”). By clicking to indicate your acceptance to these Terms or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific promotions, products, services or events. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable promotion, product, service or event.
(a) You must be at least 18 years of age to register for an account. If you are using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. In these cases, the term “you” will refer collectively to you and that other person or entity.
(b) You represent and warrant that you (i) are a legal resident of the United States, (ii) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (iii) do not have more than one account, and (iv) have full power and authority to enter into these Terms.
To access the core features of our Services, you will need to register for an account with us.You represent and warrant that any information you provide to Guerrero Howe, including in registering for a account, is accurate and will remain up-to-date at all times.You are solely responsible for maintaining the security of your account and account credentials, and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services under your account, you are fully responsible for their acts and omissions.
a) Pricing and Taxes. From time to time, we may charge for certain products, services or events through our Services.All prices are shown in U.S. dollars and do not include applicable taxes, unless we state otherwise. Prices are subject to change at any time, but changes will not affect any purchase you have made before the price change. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your purchase.
b) Payment and Billing. You may only use payment methods approved by us to make any payments via the Services.You represent and warrant that you are authorized to use the payment method you use via the Services. You authorize us to charge your payment method for the total amount of the purchase, including any applicable fees and taxes.Unless otherwise required under applicable law, all payments are final and non-refundable.
c) Errors. In the event of an error, we reserve the right to correct the error and revise your payment accordingly (which includes charging the correct price) or to cancel the payment and refund any amount charged.
You are solely responsible for your conduct while accessing or using our Services. You will comply with our Community Guidelinesand all applicable laws and regulations in connection with your use of the Services.You are solely responsible for your conduct while accessing or using our Services. In connection with any use of our Services, you will not:
- Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;
- Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Sell, lease, or rent any aspect of our Services, including by charging others to enable use of our Services under your account;
- Export any information received via the Services or disclose information about any of our users outside of the Services;
- Use our Services for competitive information gathering, benchmarking or to create a competitive service, such as by using information received via our Services to build a separate database;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit the proper operation of our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any constraints we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any application that interacts with our Services without our prior written consent;
- Use any data mining, robots or similar data gathering or extraction methods other than in accordance with any instructions contained in any robots.txt file we provide that controls automated access to portions of our websites;
- Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
- Use our Services other than for their intended purpose or in any other illegal, fraudulent or unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.
5. User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, audio and other materials (collectively, “User Content”). Except for the license you grant below, as between you and Guerrero, you retain all rights in and to your User Content. You grant Guerrero a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use for any purpose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, resell, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content via the Services and in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to other users and the public. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant the license under this section and that Guerrero’s exercise of any of these license rights will not infringe any intellectual property right of any third party or violate any contract to which you are party. Guerrero does not endorse any User Content and makes no warranties or guarantees with respect to User Content (including with respect to its compliance with these Terms). Guerrero is not responsible for any User Content you access via the Services. Any access to User Content is at your own risk.
6. User Content Restrictions
You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, confidential information of a third party, abusive, inflammatory, misleading or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a party without that party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Guerrero Howe or others to any harm or liability of any type.
7. Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, User Content and other content contained therein, are owned by or licensed to Guerrero and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Guerrero and our licensors reserve all rights in and to our Services. Subject to these Terms, including your compliance with Sections 4-6 above, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to install our mobile app and use our Services for your own personal use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted herein.
“The Alumni Society” and our logos, product or service names, slogans and the look and feel of the Services are trademarks of Guerrero and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
You may create a text hyperlink to our websites for noncommercial purposes, provided that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Guerrero logo or other proprietary graphic of Guerrero to link to our websites without our express written permission.
10. Third-Party Content
Our Services may contain third-party content, including links to web pages, advertisements, career postings and other content of third parties (collectively, the “Third-Party Content”). Guerrero does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Guerrero does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third-party sites is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Guerrero or our Services (collectively, “Feedback”). You grant us a non-exclusive, sublicensable, perpetual and irrevocable license to use such Feedback for any purpose, including to incorporate within our Services or to otherwise exploit commercially without acknowledgment or compensation to you.
12. Copyright Complaints
We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Guerrero’s designated agent as follows:
825 W. Chicago Ave.
Chicago, IL 60642
Email: [[email protected]]
Please see 17 U.S.C. §512(c)(3)for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Guerrero Howe for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Guerrero, any of our subsidiaries and affiliates, and each of our respective officers, directors, agents, and employees (individually and collectively, the “Guerrero Parties”) from and against any loss, liability, claim, demand, damages, expenses (including attorneys’ fees) and other costs (collectively, “Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Guerrero Parties of any third-party Claims, cooperate with Guerrero Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Guerrero Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Guerrero or the other Guerrero Parties.
14. Disclaimers; Assumption of Risk
We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services. To the fullest extent permitted by applicable law, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Guerrero does not make any representations or warranties regarding the accuracy, completeness, availability or reliability of the Services.Some states do not allow limitations described in this section, so the all or some of the above limitations may not apply to you
15. Limitation of Liability
(a) Guerrero Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if Guerrero or the other Guerrero Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
(b) To the fullest extent permitted under applicable law, the total liability of Guerrero Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to Guerrero via the Services in the 3 months prior to the claim.
(c) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Guerrero Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
16. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Guerrero and limits the manner in which you can seek relief from us.
(b) You and Guerrero agree that any Dispute is personal to you and Guerrero and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(c) You and Guerrero agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. As part of the arbitration, both you and Guerrero will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Dispute.
(d) Unless you and Guerrero otherwise agree, the arbitration will be held in the county of your billing address. If JAMS arbitration is unavailable in that county, the arbitration will take place in the nearest available location for a JAMS arbitration.
(e) With respect to the cost of the arbitration, if you initiate arbitration against Guerrero, you will be responsible for JAMS filing fees up to a maximum of $250. All other costs payable to JAMS will be paid by Guerrero, including any remaining JAMS case management fee and all professional fees for the arbitrator’s services. If Guerrero initiates arbitration against you, Guerrero will pay all costs payable to JAMS in connection with the arbitration.Each party shall be responsible for its own attorneys’ fees and any other costs that are not payable to JAMS to administer the arbitration.
(f) You and Guerrero agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(g) ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GUERRERO WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
(h) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing [[email protected]]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
17. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.
18. Export Compliance
All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Commercial Items
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
20. Modifying or Terminating our Services
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to modify, suspend or discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
21. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.Unless material changes are made to the arbitration provision under Section 16, you agree that modification of this Agreement does not create a new right to opt out of arbitration.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Guerrero relating to your access to and use of our Services. Enforcement of these Terms is at Guerrero’s discretion, and any failure of Guerrero to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. References to “including” or “include” will be deemed to mean “including without limitation”. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
23. Additional Terms for iOS Users
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.
(a) Acknowledgement. The Terms are concluded between Guerrero and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
(b) Scope of License. The license granted to the you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
(c) Maintenance. Guerrero is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. To the effect not effectively disclaimed under Section 14 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 14, you may notify Apple, and Apple may refund the purchase price (if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
(e) Liability. Subject to Section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) IP Claims. Subject to Section 15 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.