Terms of Service

The Alumni Factor
Website Terms of Use

 

Last updated on September 11, 2013.

 These Terms of Use (the “Terms of Use”) govern your access and use of alumnifactor.com (the “Site”), including all content, services and other materials provided by The Alumni Factor on or through the Site (collectively, the “Services”).  Please read these Terms of Use carefully before using the Services.  By accessing or using the Site or Services, you acknowledge that you have read and agree to be bound by these Terms of Use.   If you do not agree to these Terms of Use, please do not use the Site or Services.

 Modifications

The Alumni Factor reserves the right to modify and update these Terms of Use, as well as any aspect of the Services at any time in its sole discretion.  Your continued access to or use of the Services will constitute your acceptance of any modifications and updates made by The Alumni Factor.  Certain portions of the Services may be governed by different or additional terms and conditions (“Additional Terms”).  In the event of a conflict between any provision in these Terms of Use and such Additional Terms, the Additional Terms shall prevail with respect to your use of the applicable Services. 

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services.

Your Account

You will be required to create an account with The Alumni Factor prior to using the Services (“Account”).  You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual.  If The Alumni Factor suspects that an Account is being used in an unauthorized manner, The Alumni Factor reserves the right to refuse services or terminate or suspend access to any Account or Service, in its sole discretion.

Content

The Site and the Services, and all content and materials included as part of the Site or Services, including data, information, text, images, logos, trademarks, graphics, data compilations, code, software and other intellectual property (collectively, the “Content”) are the sole property of The Alumni Factor, its affiliates and third parties and are protected by copyright and other laws, both in the United States and in other countries.  You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Content, except as expressly permitted by The Alumni Factor.  You may download and copy Content made available to you as part of the Services for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein.  Except for this limited license, The Alumni Factor does not convey any interest in or to the Content by permitting you to access and use the Site and Services.  Any unauthorized use of the Content shall be grounds for termination of your access to the Site and/or the Services.  All rights not expressly granted herein are reserved by The Alumni Factor and its licensors.

In the event you believe that any Content infringes your copyright or other intellectual property right, you may notify The Alumni Factor at help@alumnifactor.com.  Such notification must provide the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512.

 

Third Party Sites

This Site may include links to third party websites and resources from time to time.  The inclusion of any such link is provided solely as a convenience to you, and The Alumni Factor makes no representations or warranties regarding any such linked site or any content or services provided at such linked site. 

User Material

The Alumni Factor may, in its discretion, provide subscribers with access to message boards, discussion groups or other public forums that allow subscribers to submit materials, which may include reviews, comments, ideas, photos and other information (collectively, “User Material”).  The Alumni Factor does not endorse or support User Material and takes no responsibility and assumes no liability in connection with any User Material.  The Alumni Factor does not review each submission of User Material, but reserves the right to refuse, delete, remove or edit User Material, without notice, that violates these Terms of Use or is otherwise objectionable, as determined by The Alumni Factor in its sole discretion.  

You are solely responsible for the content of any User Material you submit or that is submitted through your Account.  You agree that you will not post or submit any User Material that: (i) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (ii) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (iii) contains or consists of computer viruses, bots, worms, Trojan horses or other harmful elements; (iv) includes advertisements, promotional materials or other forms of solicitation; (v) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; or (vi) violates these Terms of Use or otherwise restricts or limits any other person’s ability to use or enjoy the Site or Services, as determined by The Alumni Factor it in its sole discretion.   

To the extent you post or submit any User Material through the Site, you grant to The Alumni Factor a nonexclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, publish, adapt, create derivative works from, display and distribute such User Material throughout the world in any media for any purpose whatsoever, including in connection with the Services.  You hereby waive any moral rights you may have in the User Material.  By posting User Material at the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to The Alumni Factor, and to authorize The Alumni Factor to use such User Material in the manner contemplated by these Terms of Use. 

Any specific complaints regarding User Material should be directed to help@alumnifactor.com

Subscriptions

The Alumni Factor offers monthly and annual subscriptions to the Services, as more particularly described on the Site (each, a “Subscription”).  Paid Subscriptions automatically renew at the end of the Subscription term, unless cancelled in accordance with these Terms of Use.  

Subscription Cancellations 

You may cancel your Subscription at any time by logging into your Account and following the applicable instructions.  You may also cancel your Subscription by emailing us at help@alumnifactor.com.  Email cancellation requests should include your screen/user name to ensure timely cancellation.  All cancellations will become effective at the end of your then-current Subscription term and you will continue to have the same access and benefits of your Subscription for the remainder of the Subscription term.  You must cancel your Subscription prior to the renewal date in order to avoid billing of Subscription fees for the renewal term.  Please allow at least three business days for cancellations made via email.  Except as expressly provided in the “Refunds” section of these Terms of Use, Subscription fees are nonrefundable. 

The Alumni Factor reserves the right to cancel your Subscription at any time for any reason, with or without notice and without further obligation.  We may, but are not obligated to, issue a refund or credit in our sole discretion in these circumstances.  If any or all of the Services are temporarily unavailable, you will not receive a refund. 

Billing

You agree to pay the applicable Subscription fees and any other charges incurred in connection with your Account (including any applicable taxes) at the rates in effect when your order was placed.  We will charge your designated payment account at the beginning of your Subscription period, and at the time of renewal.  The Alumni Factor may, but is not obligated to, notify you in advance of impending renewals.  You may change your designated payment account on file by logging in to your Account and following the applicable instructions. 

The Alumni Factor reserves the right to change its Subscription fees and billing policies at any time.  You will be notified in advance of any fee increase.  If you do not want wish to continue your Subscription at the increased fee, you may cancel your Subscription in accordance with these Terms of Use.  Fee increases shall take effect commencing with any renewal term, unless otherwise provided in the notice of fee increase.

Refunds 

            Subscription Fees 

Refunds for Subscription fees are only available in connection with initial Subscription purchases that are canceled within 24 hours of purchase.  To request such a refund, please send an email to refund@alumnifactor.com.  Refunds are not available for Subscription renewals - to avoid being charged for Subscription renewals, you must cancel your Subscription prior to renewal, as described in the “Subscription Cancellations” section of these Terms of Use.  Any refund will be issued to the credit card or payment account used to make the initial purchase.  Please note that card refunds may take up to 10 business days or more for your bank to complete.

 

            The Alumni Factor Book 

Books purchased at the Site may be returned for a full refund (less shipping and handling) for up to 7 days from original delivery.  To receive a refund, books must be new, unused and without damage, in the original packaging, and must be return shipped within 7 days of your receipt.  You are responsible for all shipping and handling costs associated with the return.  To request such a refund, please send an email to refund@alumnifactor.com.  Any refund will be issued to the credit card or payment account used to make the initial purchase.  Please note card refunds may take up to 10 business days or more for your bank to complete.

Warranty Disclaimer 

THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.   THE ALUMNI FACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING (I) THE CONTENT OR SERVICES AVAILABLE AT THE SITE OR ANY LINKS TO THIRD PARTY WEBSITES; (II) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SERVICES; (III) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE CONTENT OR SERVICES; OR (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SERVICES.  YOU ACKNOWLEDGE THAT ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS DESIGNED TO ASSIST YOU IN GATHERING THE INFORMATION YOU NEED TO HELP YOU MAKE YOUR OWN DECISIONS.  YOU UNDERSTAND THAT ARE RESPONSIBLE FOR YOUR OWN INVESTMENT, EDUCATIONAL AND OTHER DECISIONS AND FOR PROPERLY ANALYZING AND VERIFYING ANY INFORMATION YOU INTEND TO RELY UPON.  

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALUMNI FACTOR, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE, CONTENT AND SERVICES.  NO ADVICE OR INFORMATION GIVEN BY THE ALUMNI FACTOR OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY OR LIABILITY NOT EXPRESSLY STATED BY THE ALUMNI FACTOR IN THESE TERMS OF USE.   

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ALUMNI FACTOR, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE ALUMNI FACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALUMNI FACTOR’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO THE ALUMNI FACTOR FOR YOUR USE OF THE APPLICABLE SERVICE.  

WITHOUT LIMITATION OF THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION IN THE SERVICES OR ANY GOODS OFFERED FOR SALE THROUGH THE SITE SHALL BE TO REQUEST THAT THE ALUMNI FACTOR CORRECT THE ERROR OR DEFECT, AND IF THE ALUMNI FACTOR FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE.

Indemnity

You represent, warrant and covenant that (a) you are at least thirteen years old; and (b) no User Materials, or any other materials submitted in connection with your Account will (i) violate, plagiarize, misappropriate or infringe upon the rights of any third party, including any copyright, trademark, privacy or other personal or proprietary rights; or (ii) include libelous or otherwise unlawful material. You agree to indemnify, defend and hold harmless The Alumni Factor and its affiliates, and each of their respective officers, directors, employees, agents and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to: (i) any breach by you or any user of your Account of these Terms of Use or the above representations, warranties and covenants.  The Alumni Factor reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Jurisdiction

YOU AGREE THAT ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OF THE SERVICES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA EXCLUDING GEORGIA’S CONFLICTS OF LAWS.  THE VENUE FOR ANY ACTION OR MATTER RELATING TO OR ARISING FROM THIS SITE OR THE ALUMNI FACTOR SERVICES WILL BE ANY STATE OR FEDERAL COURT LOCATED IN DEKALB COUNTY, GEORGIA AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF GEORGIA IN CONNECTION WITH ANY SUCH DISPUTE.

General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect.  This is the entire agreement between you and The Alumni Factor relating to the subject matter herein.