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Alumni Fund, Inc. Terms of Use

Last Updated on January 12th, 2014

Alumni Fund, Inc. (“Alumni Fund”) maintains this web site (the “Alumni Fund Site”) as a service to: its visitors; its clients who create funds (“Client Funds”) using Alumni Fund services (“Services”) through a separate services agreement (“Clients”); and visitors to Client’s Funds, (visitors, Clients, and visitors to Client’s Funds are collectively referred to as, the “Users” and individually as “User”).

Please review the following terms and conditions carefully. This Terms of Use Agreement (the “Terms of Use”) is a legally binding contract between each User and Alumni Fund regarding User’s access to and use of the Alumni Fund Site and Client’s Funds (collectively, the “Sites”) and any use by User of the Services. By accessing the Sites, the User agrees to these Terms of Use. If a User does not agree with any part of the following Terms of Use, User must not use the Sites.

1. Registration, Accounts, Passwords and Use.

The Services or Alumni Fund Site may require registration. Should a User choose to register for such Services, User agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Further, User agrees to notify Alumni Fund of any unauthorized use of User’s password or account. The Sites are intended for use by individuals 13 years of age or older. If you are under 18, you may use the Site only with involvement of a parent or guardian who agrees to be bound by these Terms of Use.

2. Ownership.

The Alumni Fund Site is the property of Alumni Fund, its licensors and/or its various third party providers and distributors. The Alumni Fund Site is protected by copyright, trademark and other intellectual property laws. User must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and User agrees not to alter, obscure or obliterate any of such notices. Unless otherwise set forth in these Terms of Use, none of the content or data found in the Alumni Fund Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of Alumni Fund, its licensors and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Alumni Fund Site is the property of either Alumni Fund or other third parties. Users agree not to display or use any Alumni Fund or third party marks without prior written consent of Alumni Fund or the appropriate third party licensor.

3. Privacy.

For information on how User information is collected, used and disclosed by Alumni Fund, please consult the Privacy Policy.

4. Change of Terms of Use.

From time to time Alumni Fund may revise or modify these Terms of Use by posting the revised Terms of Use through a link on the Alumni Fund Site. Users will be bound by the revised Terms of Use for all subsequent uses of this Service after such modifications have been made. If User does not agree to any of the Terms of Use set forth herein, User may not use this Service.

5. Dealing with Third Parties.

The Alumni Fund Site may provide links to third-party websites or services and may link User automatically to sponsors’ or third party’s websites or services. Alumni Fund provides such links solely for the convenience of Users. Alumni Fund does not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. User assumes full responsibility for User’s use of third-party websites or services.

6. Exclusion of Warranty.

THE SITES, SERVICES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY ALUMNI FUND, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability.

ALUMNI FUND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF THE USE OF THE SITES OR SERVICES.

8. Indemnification.

Users are entirely responsible for maintaining the confidentiality of passwords and accounts. Furthermore, Users are entirely responsible for any and all activities that occur under their account. User agrees to indemnify, defend and hold harmless Alumni Fund, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Services, the violation by User of the Terms of Use or the infringement by User of any intellectual property or other right of any person or entity. User agrees to immediately notify Alumni Fund of any unauthorized use of User’s account or any other breach of security known to User.

9. Termination.

Alumni Fund reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate User’s registration, the Terms of Use, and/or User’s access to all or a portion of the Alumni Fund Site and/or remove any registration information from the Alumni Fund Site, for any reason. Upon termination or expiration of the Terms of Use, User’s obligations and Alumni Fund’s rights and disclaimers survive, but User’s right to use the Alumni Fund Site immediately ceases.

10. Controlling Law and Jurisdiction.

These Terms of Use and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Suffolk County, Massachusetts, and User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If User is accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Massachusetts (excluding choice of law).

11. General Provisions.

Except to the limited extent set forth herein, neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. User may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Alumni Fund’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms of Use are binding upon the parties’ respective successors and permitted assigns. No failure of Alumni Fund to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.