Web Use Terms and
Conditions
Introduction
The mission of the University
of Hawai‘i Foundation is to transform and create a better future
for Hawai‘i through alumni and community philanthropic support for public
higher education, be a trusted steward of private investments, and build and
sustain the university's relationships with donors, alumni, institutions, the
community and university partners.
The UH
Foundation was formed in 1955 to encourage private support for the University of Hawai‘i.
Today, it is the central fund raising agency for the University of Hawaii System and provides a host of fund raising services to all
ten UH campuses along with management of more than 3,300 accounts. Furthermore, the Foundation is contracted by
the university’s Board of Regents to provide/supply the Office of Alumni
Relations, which works in partnership with the University of Hawai‘i Alumni
Association.
The UH Foundation is a private, non-profit corporation designated as a 501(c)
(3) organization by the Internal Revenue Service. It is a legally separate
entity from the University of Hawai‘i,
the University of Hawai‘i
Alumni Association, and all other University of Hawai‘i
affiliates. However, the Foundation does work closely with these organizations
as well as with others in the community exclusively for the benefit of the university.
The Foundation has a duty to
protect the confidentiality of private, non-public donor information. Respect
for a donor's right to privacy is a basic standard of integrity for all Foundation
activities.
This Web Use Terms and
Conditions Agreement (the “Agreement”) is between you (“you” or “user”) and the
University of Hawai‘i
Foundation (the “Foundation”, “we” or “us”) regarding your use of the
Foundation web site(s). By using any of
the Foundation web site(s) you agree to abide by the terms and conditions of
use set forth herein. You acknowledge
that you have read this Agreement and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING ANY OF THE FOUNDATION WEB SITE(S). If you do not agree to these terms and
conditions of use, you may not access or otherwise use any of the Foundation web
site(s). The Foundation reserve the
right, in its sole discretion, to change, modify, add or remove any portion of
this Agreement, in whole or in part, at any time. Accordingly, you should check this Agreement
often for changes to any terms. A “last
modified” or “effective” date will be posted at the end of this Agreement when
it is changed to assist you with assessing whether you need to refamiliarize
yourself with these terms.
Contact the Foundation
If you have questions about this
Agreement, the Foundation’s “Privacy Policy” or other questions regarding the
Foundation web site(s), contact the University of Hawai‘i Foundation.
For Alumni Questions: 1-877-UH-ALUMS
(1-877-842-5867), or e-mail alumnews@hawaii.edu.
For Donor Questions:
1-866-UH-OHANA (1-866-846-4262) or e-mail Info@uhf.hawaii.edu.
Foundation Domains
The following domain names
are administered by the Foundation and constitute what is hereafter referred to
as "the Foundation web site(s)" or "its site(s)":
LEGAL NOTICES OF TERMS AND CONDITIONS:
Rules for Public Forums
- Class notes, chapter web pages, bulletin boards,
chat rooms and other such interactive areas of the Foundation web site(s)
are provided to give users interesting and stimulating forums to express
their opinions and share ideas and information.
- The Foundation cannot and does not monitor all
of the material posted or transmitted by users and third-party information
providers.
- To protect your safety, please use your best
judgment when using these forums.
- If you make such disclosures either through
postings on the bulletin boards, chat rooms and other interactive areas,
or to third parties in any communication, you do so fully understanding
the consequences of such disclosures and with a knowing consent that such
information could be used to identify you.
- The Foundation reserves the right to delete,
move or edit any communications at any time, for any reason or in its
discretion, but has no obligation to review or remove any such content.
Online Surveys
In the course of using the Foundation
web site(s), a user may choose to provide information to help the Foundation serve
that user's needs or conduct research. As a user of such surveys, you agree
that aggregate data from surveys may be shared with external third parties.
Posting Rules
- Interactive areas, class notes, chapter web
pages, discussion boards, chat rooms, etc., are intended to encourage
alumni interaction.
- The Foundation expects people to differ —
judgment and opinion are subjective things — and we encourage freedom of
speech and a marketplace of ideas.
- But by using these areas of the Foundation web site(s),
you are participating in a community that is intended for all our users.
Therefore, the Foundation reserves the right to remove any content posted
on our site at any time for any reason.
- Decisions as to whether content violates any
Posting Rule will be made by the Foundation in its discretion after
viewing the actual notice of such posting. Without limiting our right to
remove content, The Foundation has attempted to provide guidelines to
those posting content on our site. When using the Foundation web site(s),
do not post material that:
- contains vulgar, profane, abusive, racist or
hateful language or expressions, epithets or slurs, text, photographs or
illustrations in poor taste, inflammatory attacks of a personal, racial
or religious nature.
- is defamatory, threatening, disparaging,
grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair,
contains gross exaggeration or unsubstantiated claims, violates the
privacy rights of any third party, is unreasonably harmful or offensive
to any individual or community.
- violates any right of the Foundation, the University of Hawai‘i or any third party.
- discriminates on the grounds of race, religion,
national origin, gender, age, marital status, sexual orientation or
disability, or refers to such matters in any manner prohibited by law.
- violates or inappropriately encourages the violation
of any municipal, state, federal or international law, rule, regulation
or ordinance.
- unfairly interferes with any third party's
uninterrupted use of the Foundation web site(s).
- advertises, promotes or offers to trade any
goods or services, except in areas specifically designated for such
purpose.
- uploads copyrighted or other proprietary
material of any kind on the Foundation web site(s) without the express
permission of the owner of that material.
- uses or attempts to use another's account,
password, service or system except as expressly permitted by this
Agreement.
- uploads or transmits viruses or other harmful,
disruptive or destructive files.
- disrupts, interferes with, or otherwise harms
or violates the security of Foundation web site(s), or any services,
system resources, accounts, passwords, servers or networks connected to
or accessible through Foundation web site(s) or affiliated or linked
sites.
- "flames" any individual or entity
(e.g., sends repeated messages related to another user and/or makes
derogatory or offensive comments about another individual), or repeats
prior posting of the same message under multiple threads or subjects.
- brings the good name of the University of Hawai‘i or
the Foundation into disrepute.
- The Foundation does not and can not review all
materials posted to the sites by users, and the Foundation is not
responsible for any such materials posted by users. However, the Foundation reserves the
right at all times to disclose any information as necessary to satisfy
any law, regulation or government required, or to edit, refuse to post or
to remove any information or materials, in whole or in part, that in the
Foundation’s sole discretion are objectionable or in violation of this
Agreement.
·
WARNING: a
violation of the Posting Rules may be referred to law enforcement authorities.
Rules for Individuals under 13 Years of Age
- The Foundation is committed to complying fully
with the Children's Online Privacy Protection Act. Accordingly, if a user
of the Foundation’s web site(s) is under the age of 13, such user is not
authorized to provide the Foundation with personally identifying
information, and the Foundation will not use any such information in its
database or other data collection activities.
- The Foundation appreciates cooperation with this
federally mandated requirement.
- Users under the age of 13 and their parents or
guardians are cautioned that the collection of personal information
volunteered by unauthorized children online or by e-mail will be treated
the same as information given by an adult until the Foundation becomes
aware that the user is under the age of 13, and such information may be
subject to public access.
- The Foundation does not knowingly collect online
contact information from children under 13 years of age without prior
parental consent or parental notification.
- The Foundation will only provide personal
information collected about children if required by law, for example, to
comply with a court order or a subpoena, or to protect the integrity,
safety and security of our web sites.
Linking Disclaimer
As a viewer or user of the Foundation
web site(s), you expressly understand and agree that:
- On its site, the Foundation frequently presents
links to third-party web sites over which the Foundation has no control.
These links are provided as a convenience and courtesy to the users of our
site.
- The Foundation cannot be held responsible for
the policies, practices, content or lack thereof associated with the
linked third-party sites, nor does presentation of the links constitute
any implied endorsement unless explicitly stated.
- In order to provide specific programs, events or
support, the Foundation occasionally may partner with vendors, other
organizations and university entities, or with specific entities with
which the Foundation has a more direct relationship. As part of these
collaborative efforts, the Foundation may or may not have involvement with
the Web content located at domains other than those listed as being
administered by the Foundation.
- Complaints, concerns or questions relating to
materials provided by third parties should be forwarded directly to the
third party.
Disclaimer of Warranties
As a viewer or user of the Foundation
web site(s), you expressly understand and agree that:
- Your use of the Foundation web site(s) and
related sites (the sites) is at your sole risk. These sites are provided
on an "as is" and "as available" basis. The 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.
- Foundation makes no warranty that
1. the sites will meet your requirements,
2. services will be uninterrupted, timely, secure, or
error-free,
3. the results that may be obtained from the use of
these sites will be accurate or reliable,
4. the quality of
any products, services, information, or other material purchased or obtained by
you through these sites will meet your expectations, and
5. any errors in the software will be corrected.
- Any material downloaded or otherwise obtained
through the use of the sites is done at your own discretion and risk and
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 the Foundation or through or from the sites
shall create any warranty.
Limitation of Liability
- You expressly understand and agree that the 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 the Foundation has been advised of the possibility of such damages),
resulting from:
1. the use or the inability to use the sites;
2. 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
sites;
3. unauthorized access to or alteration of your
transmissions or data;
4. statements or conduct of any third party on the
sites; or
5. any other matter relating to the sites.
Editorial Policy
As a viewer or user of the Foundation
web site(s), you expressly understand and agree that the Foundation reserves
the right to edit or reject for any reason all information submitted for
publication in the Foundation web site(s).
Copyright and Trademark
The content, organization,
graphics, design, compilation, digital conversion and other maters related to
the sites are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the sites, except as
allowed herein, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the sites. The
posting of information or materials on the sites does not constitute a waiver
of any right in such information and materials.
Trademarks or registered trademarks of the Foundation, the university,
the Alumni Association and other product and company names mentioned on the
sites that may be trademarks of their respective owners are protected under
law.
Governing Law
This Agreement shall be
treated as though it were executed and performed in Honolulu, Hawai‘i and shall be governed by and construed in
accordance with the laws of the State of Hawai‘i (without regard to conflict of law
principles). In the event that any legal
proceedings are commenced in any court with respect to any matter arising under
this Agreement, the parties hereto specifically consent and agree that the
courts of the State of Hawai‘i and/or the United States District Court for the
District of Hawai‘i shall have exclusive jurisdiction over each of the parties
hereto and over the subject matter of any such proceedings; and the venue of
any such action shall be in Honolulu, Hawai‘i; provided, however, that the
Foundation may bring an action to enforce this Agreement in any other
jurisdiction.
Miscellaneous
If for any reason a court of
competent jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
Last Modified: February 4, 2005