This Terms & Conditions Agreement ("Terms & Conditions") applies to use of the AlumniOutlet.com website located at http://www.AlumniOutlet.com (the "Site"). The Site is the property of AlumniOutlet.com. BY USING THE SITE OR BY MAKING A PURCHASE ON THE SITE, YOU AGREE TO THESE CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT MAKE ANY PURCHASES AND DO NOT USE THE SITE.
AlumniOutlet.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms & Conditions, at any time. It is your responsibility to check this Terms & Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms & Conditions, which shall apply until we post a modified Terms & Conditions and then in accordance with such modified Terms & Conditions. As long as you comply with this Terms & Conditions and any such modifications, AlumniOutlet.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content, Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to AlumniOutlet.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without AlumniOutlet.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and AlumniOutlet.com reserves all rights not expressly granted hereunder. AlumniOutlet.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of AlumniOutlet.com or are otherwise copyright protected. All other trademarks or service marks are property of their respective owners. The use of any AlumniOutlet.com trademark or service mark without AlumniOutlet.com's express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first register for an account with the Site. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify AlumniOutlet.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by AlumniOutlet.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by logging into your account on the Site and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that AlumniOutlet.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that AlumniOutlet.com and any affiliated or parent companies will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information. You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conducting any transactions, you represent that you consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information.
While AlumniOutlet.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ALUMNIOUTLET.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ALUMNIOUTLET.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing an account with us, and each time you make a purchase through our Site, you grant permission for AlumniOutlet.com to contact you at your e-mail address.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). In order to purchase any goods or services on our Site, you must provide us with a valid form of payment and associated payment and shipping information. By submitting that information to us or a third party payment processor, you hereby agree that you authorize us and our third party processor to charge your payment method at our convenience. All sales of products and services are final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made through PayPal or by VISA, MasterCard, American Express, or Discover Network (each of which may be removed by AlumniOutlet.com in its sole discretion). Unless expressly set forth on the AlumniOutlet.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms & Conditions to determine your rights and liabilities as a cardholder. You, and not AlumniOutlet.com, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify AlumniOutlet.com of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AlumniOutlet.com does not receive payment from PayPal, your credit card issuer or its agent, you agree to pay all amounts due upon demand by AlumniOutlet.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. AlumniOutlet.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York and any other states or localities that it deems required.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AlumniOutlet.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. AlumniOutlet.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by AlumniOutlet.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order.
8. No Responsibility To Sell Mispriced Products Or Services. AlumniOutlet.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. AlumniOutlet.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is canceled, AlumniOutlet.com shall immediately issue a credit to your method of payment in the amount of the charge.
9. Modifications to Prices or Billing Terms. ALUMNIOUTLET.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
11. Indemnification. You agree to indemnify and hold harmless AlumniOutlet.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms & Conditions, or your violation of any law, regulation or third-party right.
12. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF ALUMNIOUTLET.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, ALUMNIOUTLET.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE ALUMNIOUTLET.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
13. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL ALUMNIOUTLET.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE ALUMNIOUTLET.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ALUMNIOUTLET.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ALUMNIOUTLET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS CONDITIONS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT ALUMNIOUTLET.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ALUMNIOUTLET.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ALUMNIOUTLET.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS CONDITIONS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
14. Additional Terms. The following policy is incorporated into this Agreement by reference and provides additional terms and conditions related to specific services offered on the Site:
Each policy may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
15. General. No delay or failure to take action under this Terms & Conditions shall constitute any waiver by AlumniOutlet.com of any provision of this Terms & Conditions. If any provision of this Terms & Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms & Conditions will continue in full force and effect. This Terms & Conditions will bind and inure to the benefit of AlumniOutlet.com's permitted successors and assigns. One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 6,029,142; 6,278,455 and 6,002,401. Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises. This Terms & Conditions shall be governed by the laws of the State of New York without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Erie County, in the State of New York. This Terms & Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms & Conditions shall be null and void. AlumniOutlet.com may freely assign this Terms & Conditions without consent or notice. This Terms & Conditions (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between AlumniOutlet.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: November 27, 2011
