|
Privacy and Legal
Disclaimer
Updated 8/15/08:
Interlaken West knows that
the privacy of the personal information that we receive about
you is important to you. We understand that you trust us to
protect the confidentiality and security of that information.
The information we collect about you is used only to provide
the services that you request from us.
This notice informs you of our privacy policy and describes
how we treat the information that we receive about you.
Interlaken West collects
nonpublic personal information about you only in connection
with providing you services that you request. The types of
nonpublic personal information that we collect vary according
to the services we perform for you, and may include:
* Information that we receive from you (such as your name,
address, social security number and other household
information);
* Information about your relationship with us (such as the
types of services we provide to you, your invoice balances,
and your payment history); and
* Information that we receive, with your authorization, from
third parties.
Interlaken West does not
disclose any public or nonpublic personal information about
you that you have provided to us to anyone outside of our
company, except as authorized by you or as required by law. In
addition, we will release information to the extent required
by law or regulation. We do not sell client information to
anyone or disclose client information to marketing companies.
We restrict access to public and nonpublic personal
information about you that you have provided to us to those
Interlaken West staff
members who need to know the information to provide services
to you. All Interlaken West
employees are required to maintain the confidentiality of all
nonpublic personal information about you.
Legal Disclaimer: The information contained within this site
should not be considered as legal advice.
PRIVACY AND USE
Interlaken West maintains
all records and is responsible for updating data.
This Web site and any information included is for personal use
only. Any information relating to alumni for any other
purpose, including but not limited to, reproducing and storing
in a retrieval system by any means, electronic or mechanical,
photocopying or using the addresses or other information for
any private, commercial or political mailing or contact, is
strictly prohibited, is in direct violation of copyright and
would constitute misappropriation of corporate property.
All information contained herein remains the property of the
Interlaken West. The data
contained on this Web site may not be reproduced in whole or
in part by any person or entity without the express written
permission of the Interlaken West. The Interlaken West have attempted to verify and correctly state the
information contained herein. However, the Interlaken West and its webmasters
disclaim all liability and responsibility for the accuracy of
this information. In addition, circumstances may have rendered
some information herein obsolete prior to the date of the
publication or prior to the time the information is reviewed
by the reader.
A FEW WORDS ABOUT YOUR PRIVACY
Interlaken West has adopted
these guidelines to ensure customer privacy and protect
personal data.
1. Information Collection and Use
We will ask you when we need information that personally
identifies you or allows us to contact you. Such information
may be requested when you update your files, join the Alumni
Association, make donations or similar activities. Your
information may be used for the following purposes:
*
To make the site easier for you to use and navigate
*
To help you quickly access services or information on our
website.
*
To help us create content relevant to you
*
To alert you to site updates, new features and
Association-related benefits and offers
2. Updating Personal Files
If you choose not to update your personal files, you will
still be able to access content. However, you may not be able
to access areas or sources that require personal file
information.
3. Personal File Updates
We provide you with the means to ensure that your personal
information is correct and current.
4. Security
Interlaken West protects the
security of your personal information and honors your choices
for its intended use. We carefully protect your data from
loss, misuse, unauthorized access or disclosure, alteration or
destruction. Personal information will be used for Interlaken
West business purposes
only.
5. Newsletter Mailings
You have the right to control whether you receive updates
through our University-powered or third-party newsletter and
emailing services.
6. Feedback
If you believe Interlaken West has not has not adhered to the principles above, please
notify us by email. We will do our best to determine and
correct the problem promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the Interlaken West WebSite ("the Service"), you signify your agreement to all
terms, conditions, and notices contained or referenced herein,
the Terms of Service ("TOS"). If you do not agree to the TOS,
do not use this Service. We reserve the right, at our
discretion, to update or revise the TOS. Please check the
Terms periodically for changes. Interlaken West provides its service to you,
subject to the following TOS, which may be updated by us from
time to time without notice to you. In addition, when using
particular Interlaken West
services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Your continued use of
this Service following the posting of any changes to the TOS
constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICE
Interlaken West currently
provides users with access to online resources. Unless
explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new
Interlaken West properties,
shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Interlaken West assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, Interlaken West DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIMS WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
b.Interlaken West MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Interlaken West
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER Interlaken West NOR
ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY
OTHER THIRD PARTY FOR ANY 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. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
Interlaken West HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE
RESPECTIVE LIABILITY OF Interlaken West, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH LAW. FURTHER, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT Interlaken West SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF Interlaken West HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
3. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Interlaken West, are
entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
Interlaken West does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Interlaken West be liable in any way for
any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited
to, a Interlaken West
official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such
purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that Interlaken West does not pre-screen Content, but that
Interlaken West and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via
the Service. Without limiting the foregoing, Interlaken West and its designees shall
have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Interlaken
West or submitted to
Interlaken West, including without
limitation information in Interlaken West Links, News, and in all other parts of the
Service.
You acknowledge and agree that Interlaken West may preserve Content and may also
disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Interlaken West, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
Interlaken West does not
claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you
submit or make available for inclusion in the Service, you
grant Interlaken West an
unlimited, world-wide, royalty free license.
7. INDEMNITY
Upon a request by Interlaken West, you agree to defend, indemnify, and hold
harmless Interlaken West and
other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use
or misuse of this Service. Interlaken West reserves the right, at it own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will
cooperate with Interlaken West in asserting any available defenses. Further, you agree to
indemnify and hold Interlaken West, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Interlaken West may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that email
messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the
maximum disk space that will be allotted on Interlaken West's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the
Service in a given period of time. You agree that Interlaken
West has no
responsibility or liability for the deletion or failure to
store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
Interlaken West reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Interlaken West reserves the right to
change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Interlaken West reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that
Interlaken West shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
Interlaken West reserves the
right, in its sole discretion, to terminate your access to all
or part of this Service, with or without notice. You agree
that Interlaken West, in its
sole discretion, may terminate your use of the Service, and
remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
Interlaken West believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. Interlaken West may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
Interlaken West may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that
Interlaken West shall not be
liable to you or any third-party for any termination of your
access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such advertiser. You agree that Interlaken
West shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service. NOTE THAT ALL MERCHANDISE
SOLD OR GIVEN AWAY ON THE Interlaken West WEBSITE ARE PROVIDED BY ADVERTISERS AND NOT
Interlaken West, REGARDLESS
OF THE APPEARANCE OR BRANDING OF THE PRODUCT OFFERING OR
ADVERTISEMENT ON THE Interlaken West WEBSITE. IF YOU DO NOT WISH TO DEAL WITH SUCH
ADVERTISERS, DO NOT PURCHASE ANY ITEMS FOR SALE OR ACCEPT
ITEMS ON THE Interlaken West
WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Interlaken
West has no control
over such sites and resources, you acknowledge and agree that
Interlaken West is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Interlaken West shall not be responsible or
liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on
or through any such site or resource.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
24. GENERAL INFORMATION
This TOS shall be governed by and construed in all respects by
the laws of the State of Louisiana, as such laws are applied
to agreements entered into and performed entirely within the
State of Louisiana and between Louisiana residents. If any
provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck to the extent of
such invalidity or unenforceability, and the remainder
thereof, as well as the remaining provisions of the Terms
shall be fully enforced. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of
or relating to these TOS or your use of this Service shall be
filed only in the state or federal courts located in the State
of Louisiana, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action. The TOS
constitute the entire agreement between you and Interlaken
West and govern your use of the
Service, superceding any prior agreements between you and
Interlaken West. You also
may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software.. The failure of Interlaken West to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or
law to the contrary, any contract arising out of or related to
use of this Service provided by Interlaken West or otherwise arising out of or
related to the provisions and conditions of the TOS, must be
filed within one (1) year after such claim or cause of action
first arose or shall be forever barred. The section titles in
the TOS are for convenience only and have no legal or
contractual effect. |
