Terms of Use
Updated: July 10, 2023
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