WEST HIGH SCHOOL ALUMNI ASSOCIATION

Bakersfield, California

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Terms of Service

Updated: December 7, 2017

INTRODUCTION

Welcome to WHS Alumni Sitealong with various applications and tools on third-party websites and devices, such as Facebook an other social media(such services offered through the Website, applications or tools collectively, the “Services”).

ACCEPTANCE OF TERMS

By accessing and using the Website and Services you are agreeing to the following Terms and Conditions. We encourage you to review these Terms and Conditions, along with the Privacy Policy, which is incorporated herein by reference, as they form a binding agreement between us and you. If you object to anything in the Terms and Conditions or the Privacy Policy, do not use the Website and Services.

We may change these Terms and Conditions, in whole or in part, at any time. Posting of the updated Terms and Conditions on the Websites will constitute notice to you of any such changes, although we may choose other types of notice for certain changes. Changes will become effective upon notice. Your continued use of the Websites or Services following notice shall constitute your acceptance of all changes, and each use of the Website or Services constitutes your reaffirmation of your acceptance of these Terms and Conditions. If you do not agree to the changes to these Terms and Conditions, your sole and exclusive remedy will be to terminate your account and cease use of the Website or Services.

1. CLAIMING YOUR NAME ON WHS ALUMNI SITE AND USING OUR SERVICES

Claiming your name and using our services. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. Our Services are primarily intended to be utilized by residents of the United States and we may limit or restrict access to the Website and Services based on your geographic location or ISP. There is no cost to claim your name in your class year and use our website and services.

Your Information. We will collect, store, compile and utilize information about you, your computer, smartphone or other device, and your use of the services, including information that you provide in response to questionnaires, surveys and registration forms. Please review our privacy policy for more information about our privacy policies and practices. For your part, you agree that all information that you provide to us or post on the Services is complete, accurate and up to date. If any of your information changes, you agree to immediately update it. If you fail to update your information or if all or part of your information is (or appears to be) untrue, inaccurate, or incomplete, we may revoke your claim to your name and refuse any and all current or future use of the Services.

Without limiting any of the foregoing, you are responsible for ensuring that the email address you provide to us is valid and that the services, software or systems you use to access your email do not block or filter communications (defined below). We ask that you use your personal email address when registering. If you provide us with a non-personal email address or use an Email System that interferes with the delivery of communications, we may not be able to provide you with certain services. Your failure to provide us with an email address to which we can consistently deliver email may result in the revocation of your claim to your name.

Your Password. When you claim your name we will either ask you to create a password, which you can change at any time by logging onto the “Profile” portion of the Services. Alternatively, you may have the option of using your Facebook login credentials or similar login processes or co-registration forms from or on other third party websites to create an account and authenticate your access to the website. Because any activities that occur under your account are your responsibility, it is important for you to keep your password secure. Notify us immediately if you believe that someone has used your account without your authorization.

Communications. From time to time we will send you communications, in keeping with our Privacy Policy and as otherwise permitted in these Terms and Conditions. Please note that any number of issues may interfere with your receipt of such communications, including some types of email systems that may use filtering or blocking techniques that are intended to block email. We are not responsible for the actual delivery or your actual receipt of these communications.

2. SPECIAL TERMS THAT APPLY TO WHS ALUMNI SITE USERS

  1. WHS Alumni SiteConduct Guidelines.Services contain areas that enable members to communicate and share information, including without limitation sending email through the Services, providing social media links (Facebook, LinkedIn, Twitter, etc.) information next to your name on the class roster. When you use the communication tools, you may have the opportunity to disclose, post, upload, or otherwise publicly display, or to share directly with other members, information and other content, including without limitation biographical information, photographs, stories and comments. While we may provide you access to use these communications tools, we also wish to remind you that you should choose carefully what information you post via the Services and share with other members.

You are required to use the communication tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the content that you post on or send through the Services. We have established Conduct Guidelines that outline your responsibilities when using the Communication Tools.

The following Conduct Guidelines apply to and govern your use of the Communication Tools.  Prohibited activities:

  • Creating a false identity, impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • Claiming a Name on behalf of another person
  • Engaging in behavior meant to threaten, harass, intimidate or bully others or which constitutes predatory or stalking conduct
  • Using the Services as a venue to air personal disputes with other individuals
  • Providing any Content that is illegal, obscene, pornographic or sexually explicit, depicts graphic or gratuitous violence or illegal drug paraphernalia, or is derogatory, demeaning, malicious, defamatory, abusive, hateful, racially or ethnically offensive, or otherwise determined to be objectionable
  • Providing any Content that encourages a criminal offense or infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party
  • Posting web addresses that link to pornographic or inappropriate content, websites that promote your or someone else’s commercial gain, websites that provide services similar to those offered by us, or any other content that violates these Community Standards
  • Providing or posting private communications from us or any other party without such party’s permission
  • Copying or re-posting content provided by others or otherwise use information or content you obtained on the Services in any manner not authorized by us or the contributor
  • Participating in any unauthorized or unsolicited promotions, advertising, junk mail, spam, or any other form of solicitation, or otherwise use the Services for any commercial purpose
  • Violating any applicable local, state, national and international law or regulation
  • Interfering with, interrupting, destroying or limiting the functionality of the Services or any computer software or hardware or telecommunications equipment
  • Gaining unauthorized access to the Services, other members’ accounts, or computers connected to the Services
  • Collecting users’ content or information, or otherwise access the Services, using automated means, such as scripts, bots, robots, spiders or scrapers
  • Doing anything that could damage, disable, overburden or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality
  1. WHS Alumni Site Member Conduct – Monitoring and Enforcement.We do not actively monitor the communication tools or the content that is provided through such communication tools, nor are we obligated to do so. Accordingly, we do not guarantee the accuracy, integrity or quality of the content. Because individuals sometimes choose not to comply with our policies and practices, you may be exposed to content that you find offensive or otherwise objectionable. We encourage you to use the tools available on the services to report any content that you think may violate the Conduct Guidelines. We may investigate the complaints that come to our attention, but are not obligated to do so. If we choose to investigate, we will take any action that we believe is appropriate in our sole discretion, such as issuing warnings, removing the content, or suspending or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove content that you believe is objectionable. Please remember that you can always choose to refrain from using any part of the services that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any content. In addition, we are not responsible for the conduct, whether online or offline, of any user of the Website or member of these Services.
  2. Opting In to displaying links to your email and social media (Facebook, LinkedIn, Twitter, etc.) on WHS Alumni Site.We do not claim ownership of any of the Content you submit or post through the WHS Alumni Site Services or allow us to obtain from third parties to include in the Services. Instead, you hereby grant us a royalty-free, worldwide, transferable, sub-licensable, non-exclusive license to use, reproduce, publish, store, distribute, display, communicate, perform, transmit, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised. Please remember that you are ultimately responsible for all of your content, and you therefore warrant and represent that you are entitled to grant the foregoing license and that the content does not violate any third party rights. No compensation will be paid for the use of your content.

3. OUR PROPERTY RIGHTS

WHS Alumni website, and all of the content, information and other material that they contain, other than the content posted by our users, are owned by us, or our third party licensors, and are protected by intellectual property and other rights and laws throughout the world. Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-assignable license for the period of your membership to access the services and view any materials available on the services. Aside from this limited license, nothing found on the WHS Alumni website maybe copied, reproduced, republished, distributed, sold, licensed, transferred or modified without our express written permission. In addition, the trademarks, domain names, logos and service marks displayed on the services are our property or the property of our licensors. This Agreement does not grant you any right or license with respect to any such trademarks, domain names, logos or service marks. If you are aware of Materials on the services that infringes the copyright or other right of a third party, please contact us through the Copyright Infringement Policy process, which is described in Section 9 below.

4. AVAILABILITY OF SERVICES

We do not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by others to obtain access to the website and services and for obtaining the equipment necessary to access the services. From time to time we may modify, suspend or discontinue any of the services with or without notice to you. We shall not be liable to you for any such modification, suspension or discontinuance. We may establish certain policies and practices concerning use of the services, such as the maximum number of email messages, search reports, message board postings or other Content that can be sent through the services and the number of days that these items will be retained on our systems. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other content, or search reports maintained or transmitted by or through the services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

5. LINKING TO OR FROM THE SERVICES

You cannot link to WHS Alumni website without our prior written consent. While the Services may have links to the websites of third parties, we have no control over those websites. We are not responsible or liable for any content, advertising, products, services, information or other materials on or available from those websites. We are also not 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 content, advertising, products, services, information or other materials on those websites.

6. TERMINATION

You may terminate your account, for any or no reason, at any time by revoking your claim to your name. We may terminate your account, for any or no reason, at any time, with or without notice. If we determine, in our sole discretion, that you are not in compliance with the Terms and Conditions or Privacy Policy, we reserve the right to restrict, suspend or terminate your account. Upon any termination of your account, we may immediately deactivate or delete your account and all related information and/or bar any further access to your account, content or information.

7. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

8. LIMITATIONS OF LIABILITY

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE, OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES. IN ADDITION, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS OF LIABILITY ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING WITHOUT LIMITATION WARRANTY, TORT, NEGLIGENCE, CONTRACT OR STRICT LIABILITY), EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF THE AVAILABLE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH CASE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. INDEMNIFICATION

You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries, and other affiliates, as well as their respective owners, directors, officers, shareholders, employees, licensors, agents and contractors (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Services, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in the Terms and Conditions or Privacy Policy. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

10. MANDATORY ARBITRATION, DISPUTE RESOLUTION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AND THE WHS ALUMNI SITE ENTITIES EACH AGREE THAT ANY AND ALL DISPUTES THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND WHS ALUMNI SITE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY.

You and WHS Alumni Site agree to arbitrate any and all disputes and claims between them (“Dispute(s)”), except as otherwise specifically provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes related in any way to the Services, billing, privacy, advertising or our communications with you; (2) Disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (3) Disputes that arose before your agreement to these Terms and Conditions or any prior agreement; (4) Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes that may arise after the termination of your use of the Services.

A. CONTACT US FIRST. If you intend to pursue or participate in any Dispute in arbitration or small claims court (solely to the extent specifically provided below), you must first notify us of the dispute in writing at least thirty (30) days in advance of initiating arbitration or the small claims court action (if applicable) and attempt to informally negotiate a resolution to the Dispute in good faith. Notice to us should be sent via certified mail to: West High Alumni Association, West High School, 1200 New Stine Rd., Bakersfield, CA 93309. The notice of Dispute must: (a) include your name, address, phone number, and email address(es) used to register with or use the Services; (b) describe the nature and basis of the Dispute; (c) enclose and/or identify all relevant documents and/or information; and (d) set forth the specific relief sought. If the WHS Alumni Associationand you do not reach an agreement to resolve the Dispute within thirty (30) days after the notice is received, you may commence with a formal arbitration proceeding or small claims court action (if applicable).

B. MANDATORY AND BINDING ARBITRATION PROCEDURES

YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND WHS ALUMNI SITE ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE.

  1. Rules. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org or by calling the AAA at 800.778.7879. The arbitration will be presided over by a single arbitrator selected in accordance with the AAA rules.
  2. Location. Unless otherwise required by the AAA rules, the arbitration shall be held in Bakersfield, California. You and WHS Alumni Site may elect to have the arbitration conducted based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or WHS Alumni Sitemay attend by telephone, unless the arbitrator requires otherwise.
  3. Cost Sharing. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement. WHS Alumni Site will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous. Reasonable documented attorneys’ fees of both parties will be borne by the party that ultimately loses.
  4. Arbitrator’s Decision. The arbitrator will decide the substance of the Dispute in accordance with the laws of the state of California, regardless of choice of law principles, and will honor all claims of privilege recognized by law. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law(s) that apply to the Dispute. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. ARBITRATION OPT-OUT. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to: West High Alumni Association, West High School, 1200 New Stine Rd., Bakersfield, CA 93309. This notice must be sent within thirty (30) days of your first use of the Services or, if you are already a user of the Services upon initial release of this arbitration provision, within thirty (30) days of our email notice to you of that initial release.

The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number and email address(es) used to register with or use the Services. You must sign the opt-out notice for it be effective. Any opt-out not received within the applicable thirty (30) day period set forth above will not be valid.

If you opt-out of the agreement to arbitrate, you and WHS Alumni Siteagree that any Disputes will be resolved by a state or federal court located in Bakersfield, California, and you consent to the jurisdiction and venue of such court.

D. SMALL CLAIMS.You may choose to pursue your Dispute in small claims court (rather than arbitration) where jurisdiction and venue over WHS Alumni Site and you are proper, and where your claim does not include a request for any type of equitable relief, and so long as the matter advances on an individual (non-class) basis.

E. INJUNCTIVE RELIEF.Notwithstanding anything to the contrary in the foregoing, either party may bring suit in court seeking a temporary or preliminary injunctive relief, which shall then be subject to review by the arbitrator should such party further seek permanent injunctive relief in arbitration.

F. TIME LIMIT TO PURSUE DISPUTE. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

G. CHANGES TO ARBITRATION CLAUSE. We may make changes to this arbitration provision during the term of our Services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change to: West High Alumni Association, West High School, 1200 New Stine Rd., Bakersfield, CA 93309. By rejecting any future material change, you are agreeing to arbitrate in accordance with the unmodified language of the previous version.

11. MISCELLANEOUS TERMS

Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms and Conditions are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provisions. If we fail to enforce any provision of these Terms and Conditions it shall not constitute a waiver of such provision. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. The Terms and Conditions, the Privacy Policy and any additional terms incorporated by reference herein will be governed by the laws of the state of California and constitute the entire understanding between us regarding your access to, license and use of the Services and supersede any prior agreements, statements or representations with respect to the same.