USE AGREEMENT
Last Updated: 23 February 2007
This Terms of Use Agreement describes the terms on which you may access and use
the services of the Uncommon Individual Foundation ("UIF"). In order to become
a UIF user, you must read and accept all of the terms and conditions of this
agreement and the
Privacy Policy. In the event of any inconsistency between the UIF
Privacy Policy and this Terms of Use Agreement, the Terms of Use Agreement
shall control. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits. If you do not agree to be bound by the terms of
this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior
notice, by posting amended terms on this website. Your continued use of the UIF
service indicates your acceptance of the amended Terms of Use Agreement.
Description of Service
UIF is an online, open-system mentoring ™ service offered to enable individuals
to find and connect with other individuals more effectively (the "UIF
Service"). Whether looking for a job, a lead for that next deal, or an industry
expert, UIF users can make contact with other individuals who are users of the
UIF Service.
Membership Eligibility
The UIF Service is not available to minors under the age of 13 or to any users
suspended or removed from the system by the UIF for any reason. Users may have
more than one active account, but only one active account personally and one
for each area of interest. Additionally, users are prohibited from selling,
trading, or otherwise transferring their UIF account to another party. If you
do not qualify, you may not use the UIF Service.
Use of Service
This Terms of Use Agreement governs your use of the UIF Service. The UIF may
refuse service without prior notice to any user for any or no reason. You are
responsible for maintaining the confidentiality of your password and account,
and are fully responsible for all activities that occur under your password or
account with or without your knowledge. If you knowingly provide your login and
password information to another person, your account privileges may be
suspended temporarily or terminated. You agree to immediately notify the UIF of
any unauthorized use of your password or account or any other breach of
security. The UIF cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
Termination
You agree that the UIF may, with or without cause, immediately terminate your
UIF account and access to the UIF Service without prior notice. Without
limiting the foregoing, the following will lead to a termination by UIF of a
user's use of the UIF Service (a) breaches or violations of this Terms of Use
Agreement or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) unexpected technical issues or problems, and (e)
extended periods of inactivity. Termination of your UIF account includes
removal of access to all offerings within the UIF Service and may also bar you
from further use of the UIF Service. Furthermore, you agree that all
terminations shall be made in UIF's sole discretion and that the UIF shall not
be liable to you nor any third-party for any termination of your account or
access to the UIF Service.
User Conduct
You understand and agree not to use the UIF to:
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Post content or initiate communications, which are unlawful, libelous, abusive,
obscene, discriminatory, or otherwise objectionable.
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Use the UIF Service for any illegal purpose, including but not limited to
conspiring to violate laws.
-
Falsely state, impersonate, or otherwise misrepresent your identity, including
but not limited to the use of a pseudonym, or misrepresenting your current or
previous positions and qualifications, or your affiliations with a person or
entity, past or present.
-
Upload, post, email, transmit or otherwise make available any content or
initiate communications which include information that you do not have the
right to disclose or make available under any law or under contractual or
fiduciary relationships (such as insider information, or proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
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Upload, post, email, transmit or otherwise make available any content or
initiate communication that infringes upon patents, trademarks, trade secrets,
copyrights or other proprietary rights.
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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. This
prohibition includes but is not limited to a) Using UIF invitations to send
messages to people who don't know you or who are unlikely to recognize you as a
known contact; b) Using the UIF to connect to people who don't know you and
then sending unsolicited promotional messages to those direct connections
without their permission; and c) Sending messages to distribution lists,
newsgroup aliases, or group aliases.
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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.
Stalk or harass anyone.
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Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any communication transmitted through the UIF Service.
Post content in fields that aren't intended for that content. Example: Putting
an address in a name or title field.
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Interfere with or disrupt the UIF Service or servers or networks connected to
the UIF Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the UIF Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all
applicable local rules including but not limited to 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.
Information provided on this Website
In the course of using the UIF Service, users may provide information about
themselves which may be visible to certain other users (see our Privacy Policy
to learn more about information collected on this website). You understand that
by posting materials on the UIF website or otherwise providing materials to the
UIF, you are granting to the UIF a royalty-free, perpetual, irrevocable license
to use this information in the course of offering the UIF service. Furthermore,
you understand that UIF retains the right to reformat, excerpt, or translate
any materials submitted by you. You understand that all information publicly
posted or privately transmitted through the UIF Service is the sole
responsibility of the person from which such content originated and that UIF
will not be liable for any errors or omissions in any content. You understand
that UIF cannot guarantee the identity of any other users with whom you may
interact in the course of using the UIF Service. Additionally, we cannot
guarantee the authenticity of any data which users may provide about themselves
or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or
"spider" any web pages contained in the UIF website is strictly prohibited. You
agree not to monitor or copy, or allow others to monitor or copy, our web pages
or the content included herein. You also agree not to "frame" or otherwise
simulate the appearance or function of this website. Furthermore, you agree not
to take any action that interferes with the proper working of or places an
unreasonable load on our infrastructure, including but not limited to
unsolicited communications, attempts to gain unauthorized access, or
transmission or activation of computer viruses.
UIF Communications
In the course of providing you services, the UIF may need to communicate with
you via email (see our Privacy Policy to learn more about communications). You agree to
receive emails which are specific to your account and necessary for the normal
functioning of the UIF Service, including a series of up to five welcome emails
which help inform new users about various features of the UIF Service. You also
agree to have your name and/or email address listed in the header of certain
communications which you initiate through the UIF Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the UIF
Service, we are not obligated to do so. And since we do not, and may not have
the ability to, control or actively monitor content we don't guarantee its
accuracy, integrity or quality. Because community standards vary and
individuals sometimes choose not to comply with our policies and practices, in
the process of using our website, you may be exposed to content that you find
offensive or objectionable. You can contact our Customer Service Department to
let us know of content that you find objectionable. We may investigate the
complaints and violations of our policies that come to our attention and may
take any action that we believe is appropriate, including, but not limited to
issuing warnings, removing the content or terminating accounts and/or
subscriptions. However, because situations and interpretations vary, we also
reserve the right not to take any action. Under no circumstances will we be
liable in any way for any content, including, but not limited to, 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 on the
website.
Fees
Signing up for a basic UIF account is free. Certain other services are provided
for free only to beta users. The UIF reserves the right to assign an internal
value for the use of the UIF Service or any portion thereof, modify the pricing
of, add to, or discontinue the UIF Service or any portion thereof without prior
notice.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold
harmless the UIF, its officers, employees, agents, subsidiaries, affiliates and
other partners from any direct, indirect, incidental, special, consequential or
exemplary damages resulting from i) your use of the UIF Service; ii)
unauthorized access to or alteration of your communications with or through the
UIF Service, or iii) any other matter relating to the UIF Service. Any business
transactions which may arise between users from their use of the UIF are the
sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy,
you understand and agree that the UIF may disclose personally identifiable
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to comply with legal process, enforce this
User Agreement, or protect the rights, property, or safety of the UIF, its
users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE UNCOMMON INDIVIDUAL FOUNDATION SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT UNCOMMON INDIVIDUAL
FOUNDATION DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR
RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. UNCOMMON
INDIVIDUAL FOUNDATION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE
OF ANY COMMUNICATIONS BETWEEN USERS. UNCOMMON INDIVIDUAL FOUNDATION EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
UNCOMMON INDIVIDUAL FOUNDATION MAKES NO WARRANTY THAT (i) THE UNCOMMON
INDIVIDUAL FOUNDATION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE UNCOMMON
INDIVIDUAL FOUNDATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE UNCOMMON
INDIVIDUAL FOUNDATION SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE UNCOMMON INDIVIDUAL FOUNDATION SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNCOMMON
INDIVIDUAL FOUNDATION 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
UNCOMMON INDIVIDUAL FOUNDATION OR THROUGH OR FROM THE UNCOMMON INDIVIDUAL
FOUNDATION SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER
AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The Terms of Use Agreement constitutes the entire agreement between you and the
UIF and governs your use of the UIF Service, superseding any prior agreements
between you and the UIF with respect to UIF Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNCOMMON INDIVIDUAL FOUNDATION SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, 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 UNCOMMON INDIVIDUAL
FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL UNCOMMON INDIVIDUAL
FOUNDATION'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The Terms of Use Agreement between you and the UIF will be governed by and
construed in accordance with the laws of the State of Delaware without regard
to conflict of laws principles.
General Information
The UIF, the UIF logo, and other UIF logos and names are trademarks of the UIF.
You agree not to display or use these trademarks in any manner without UIF's
prior, written permission. The section titles of this User Agreement are
displayed for convenience only and have no legal effect.
Please send any questions or comments, or report violations of the User
Agreement to:
Uncommon Individual Foundation
Attn: Terms of Use Policy Issues
P.O. Box 190
Villanova, PA 19085-0190
CONTACT UIF
Uncommon Individual Foundation
795 East Lancaster Avenue, Suite 204
Villanova, PA 19085
www.uif.org
