|
Privacy and Legal Statement - Updated 3/31/07
PRIVACY AND USE
Northwestern State University in Natchitoches, Louisiana
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
Northwestern State University Alumni Association. 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 Northwestern State University Alumni
Association. The Northwestern State University Alumni
Association have attempted to verify and correctly state the
information contained herein. However, the Northwestern State
University Alumni Association 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
The Northwestern
State University Alumni Association 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
Northwestern State University at Natchitoches 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
Northwestern State University Alumni Association 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 Northwestern State University Alumni
Association has not has not adhered to the principles above,
please notify us by email at whitec@nsula.edu.
We will do our best to determine and correct the problem
promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the Northwestern State University Alumni
Association 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. Northwestern State
University Alumni Association 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 Northwestern State University Alumni Association
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
Northwestern State University Alumni Association 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
Northwestern State University Alumni Association properties,
shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Northwestern State
University Alumni Association 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, NORTHWESTERN STATE
UNIVERSITY ALUMNI ASSOCIATION 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.NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION 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 NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION 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
NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION 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 NORTHWESTERN STATE UNIVERSITY ALUMNI
ASSOCIATION, 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 NORTHWESTERN STATE UNIVERSITY ALUMNI
ASSOCIATION 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 NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION 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
Northwestern State University Alumni Association, are entirely
responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service.
Northwestern State University Alumni Association 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 Northwestern State
University Alumni Association 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 Northwestern State University Alumni Association
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 Northwestern State University Alumni
Association does not pre-screen Content, but that Northwestern
State University Alumni Association 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, Northwestern
State University Alumni Association 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 Northwestern
State University Alumni Association or submitted to
Northwestern State University Alumni Association, including
without limitation information in Northwestern State
University Alumni Association Links, News, and in all other
parts of the Service.
You acknowledge and agree that Northwestern State University
Alumni Association 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 Northwestern State University Alumni
Association, 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
Northwestern State University Alumni Association 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 Northwestern State University Alumni Association an
unlimited, world-wide, royalty free license.
7. INDEMNITY
Upon a request by Northwestern State University Alumni
Association, you agree to defend, indemnify, and hold harmless
Northwestern State University Alumni Association 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. Northwestern State University
Alumni Association 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 Northwestern State University Alumni
Association in asserting any available defenses. Further, you
agree to indemnify and hold Northwestern State University
Alumni Association, 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 Northwestern State University Alumni
Association 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 Northwestern State University Alumni Association'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 Northwestern State
University Alumni Association 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 Northwestern
State University Alumni Association reserves the right to log
off accounts that are inactive for an extended period of time.
You further acknowledge that Northwestern State University
Alumni Association 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
Northwestern State University Alumni Association 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
Northwestern State University Alumni Association shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
Northwestern State University Alumni Association 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 Northwestern State University Alumni Association, 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
Northwestern State University Alumni Association believes that
you have violated or acted inconsistently with the letter or
spirit of the TOS. Northwestern State University Alumni
Association 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
Northwestern State University Alumni Association 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
Northwestern State University Alumni Association 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 Northwestern
State University Alumni Association 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 NORTHWESTERN STATE UNIVERSITY ALUMNI
ASSOCIATION WEBSITE ARE PROVIDED BY ADVERTISERS AND NOT
NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION, REGARDLESS
OF THE APPEARANCE OR BRANDING OF THE PRODUCT OFFERING OR
ADVERTISEMENT ON THE NORTHWESTERN STATE UNIVERSITY ALUMNI
ASSOCIATION WEBSITE. IF YOU DO NOT WISH TO DEAL WITH SUCH
ADVERTISERS, DO NOT PURCHASE ANY ITEMS FOR SALE OR ACCEPT
ITEMS ON THE NORTHWESTERN STATE UNIVERSITY ALUMNI ASSOCIATION
WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because
Northwestern State University Alumni Association has no
control over such sites and resources, you acknowledge and
agree that Northwestern State University Alumni Association 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 Northwestern State
University Alumni Association 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 California, as such laws are applied
to agreements entered into and performed entirely within the
State of California and between California 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 California, 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 Northwestern
State University Alumni Association and govern your use of the
Service, superceding any prior agreements between you and
Northwestern State University Alumni Association. 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 Northwestern State
University Alumni Association 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 Northwestern State University
Alumni Association 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.
........................................................
Northwestern State
University Office of Alumni and Development
535 University Parkway | Natchitoches, LA 71497
Phone (318) 357-4414 or Toll Free (888) 799-6486 |
