PLEASE READ THIS AGREEMENT CAREFULLY.  This Terms of Use Agreement (the “Terms of Use” or “Agreement”) applies to the following sites: https://www.harvardvarsityclub.org/ and any other websites controlled by the Harvard Varsity Club (“HVC”), including mobile sites or apps (collectively, the “Sites”).  This Agreement is between you and HVC and governs the terms and conditions applicable to your access and use of the Sites and HVC services.  These Terms of Use apply to all visitors, users, and others who access or use the Sites.  By accessing or using the Sites, you agree to be bound by this Agreement and HVC’s Privacy Policy, which is hereby incorporated in this Agreement.  If you do not agree with these policies, please do not use the Sites.

HVC reserves the right to block your access to the Sites and may discontinue or restrict your use of the Sites for any reason and without notice. 

CHANGES.  HVC may revise this Agreement at any time by posting the amended Terms of Use at this location. You agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. HVC may make changes in the services described on the Sites at any time. Your continued use of the Sites after changes have been posted will constitute your acceptance of this Agreement and any changes.

LICENSE FOR USE OF MATERIALS ON THE SITES.  The content on the Sites includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from HVC’s licensors, and other materials (“Content”). Title to the Content on the Sites remains with HVC. We invite you to view and use a single copy of the materials obtained from the Sites for your personal, non-commercial use. Except as expressly permitted on the Sites, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Sites. No graphics, photographs or other visual elements obtained through the Sites may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or HVC. You are not permitted to use the materials on the Sites except as expressly set forth herein.  You may not, without HVC’s written permission, “mirror” any Content contained in the Sites or any other server.

USER OBLIGATIONS.  You agree not to do any of the following while using HVC Sites:

• Attempt to deface, shut down, or otherwise damage the Sites
• Intentionally or knowingly violate any applicable law, regulation, or agreement that you are bound by, including this Agreement, or the rights of any other party
• Misrepresent or try to deceive us as to your identity or the identity of anyone else or conduct fraudulent activities 

THIRD PARTY SERVICES AND CONTENT.  The Sites may be made available or accessed in connection with third party services and content (including advertising) that HVC does not control. Our Sites may contain links to other websites provided by third parties.  Please be aware that we do not control these third party websites or any of the content contained on those websites.  You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. HVC does not endorse such third party services and content and in no event shall HVC be responsible or liable for any products or services of such third party providers. Once you have left our Sites, we cannot be responsible for the privacy practices of such other websites.  We encourage you to exercise caution and to read the privacy policy for the website you visit.  The inclusion of hyperlinks to third party websites on our Sites in no way constitutes an endorsement by us of such websites’ content, actions or policies. 

ERRORS ON OUR SITE.  Prices and availability of products and services are subject to change without notice.  Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors.  We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge.  Individual bank policies will dictate when this amount is credited to your account.

SECURITY.  HVC is committed to maintaining your confidence and trust, and takes steps to help protect the personal information you provide to us. However, no transmission or electronic storage of information is guaranteed to be secure. We therefore urge you to always use caution when transmitting information over the Internet. 

LINKS TO HVC SITES.  Unless otherwise set forth in a written agreement between you and HVC, you must adhere to HVC’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with HVC’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with HVC, (iii) when selected by a user, the link must display the Sites on full-screen and not within a “frame” on the linking website, and (iv) HVC reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of HVC’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

TRADEMARKS.  HVC, Your Team for Life, and all other names of HVC, referenced herein, are registered or common law trademarks of HVC in the United States.  For more information, please contact HVC at hvc@fas.harvard.edu or 617.495.3535.

Unauthorized use of any HVC’s trademark, service mark or logo may be a violation of federal and state law.

PHOTOS AND VIDEOS. We like to share the excitement of our events. Accordingly, your photo or video may be taken at any HVC event (in-person or virtual) for posting to our website, inclusion in our newsletter or posting to our social media platforms, which may include Facebook, Instagram, Twitter, LinkedIn or other social media platforms. Your photo or a video that includes you will not be used to promote any third party product or service or for commercial purposes. Attendance at any HVC event (in-person or virtual) shall constitute your permission for our posting. Please advise us directly at an event if you do not wish your photo to be taken.

DISCLAIMERS AND LIMITATION OF LIABILITY.  THE SITES AND ALL CONTENT ON THE SITES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HVC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND THE CONTENT AVAILABLE ON THE SITES IS AT YOUR SOLE RISK.

HVC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HVC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF HVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent that HVC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HVC’s liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.

EXCLUSIVE REMEDY.  IN THE EVENT OF ANY PROBLEM WITH THE SITES, SERVICES, OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITES, THE SERVICES AND THE CONTENT. NO ACTION MAY BE MAINTAINED AGAINST HVC, OR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS. UNDER NO CIRCUMSTANCES SHALL HVC, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITES, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITES, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

INDEMNITY.  You agree to indemnify, defend and hold HVC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Sites and/or breach of this Agreement.

COPYRIGHT NOTICE.  The Sites, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, and the Sites functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Sites’ functionality, unless otherwise indicated is protected by U.S. copyright laws. Any downloadable or printable programs, information, or materials available through the Sites and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by HVC or Harvard. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of the Sites, or individual sections of the Content, design or layout of the Sites, without HVC’s or Harvard’s express prior written permission.

LOCATION.  The Sites are operated by HVC in the United States.  HVC makes no representation that the Content of the Sites is available or appropriate for use in other locations. Those who choose to access the Sites from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Please know that by accessing or using the Sites from outside the United States, you agree to the transfer of your information to the United States.

PRIVACY.  Your privacy is important to us. This Agreement includes and incorporates HVC’s Privacy Policy, which is incorporated herein by this reference.  Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

FORCE MAJEURE.  We shall be excused from performance under this Agreement if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any Act of God, emergency condition, war, terrorism, computer or telecommunications failure or other circumstance beyond our control.

CHOICE OF LAW/FORUM.  All claims arising out of this Agreement or relating to the Sites will be governed by the laws of the District of Columbia, USA, excluding the application of its conflicts of law rules.  Any legal action or proceeding arising out of this Agreement or relating to the Sites shall be brought exclusively in a court in the District of Columbia, USA.

MISCELLANEOUS.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  HVC’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive HVC’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and HVC with respect to the subject matter hereof.

Contact Us:  If you have any questions, concerns, or suggestions regarding this Agreement please contact us at: hvc@fas.harvard.edu or

HARVARD VARSITY CLUB
MURR CENTER
65 N. HARVARD STREET
BOSTON, MA 02163