Below are our detailed terms and conditions that you must read and accept before using our site or communications channels. These Terms and Conditions apply to all existing users as well as for users visiting or registering on or after June 1, 2012.
OVERVIEW
Before using the WPAOG Website (the “Website”), you must review and accept the following terms and conditions (the “Agreement”) which govern use of any chatroom, newsgroup, bulletin board, mailing list, alumni online directory, memorials and related testimonials, registration form, transaction or other online forum available at westpointaog.org, including the Register of Graduates. The Agreement defines your rights and responsibilities as a user of the Website operated by WPAOG. The Website is operated in the United States of America and access is governed by these terms and conditions under the laws of the State of New York and the United States of America. Registration as a user of, or subscriber to, the Website results in your information being stored and processed in the United States, and you specifically consent to WPAOG’s storage and processing the personal data you submit.
By using and participating in this site, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit all Website pages. WPAOG reserves the right to modify these terms at any time and will publish notice of any such modifications online at this site or elsewhere online. You agree and continue to agree to use WPAOG services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set forth in the terms and conditions outlined below. Please note that you will be referred to as "User" from time to time in this Agreement.
DESCRIPTION OF THE SERVICE
WPAOG offers online services that include graduate historical records (the Register of Graduates), a graduate community/directory, memorial articles, information libraries, email services, mailing lists, bulletin boards/news groups, and other hosted computer services that WPAOG may decide to add (collectively, the “Service”), subject to the terms of this agreement, and modified by the Disclaimer. Graduates, family members and researchers may access historical documents related to Graduates’ careers. No claims are made by WPAOG as to the quantity and/or accuracy of information or material available regarding specific graduates, as information is largely self-reported and therefore dependent upon the individual to contribute. Services may contain graphics, information, data, editorial and other content accessible by Users (the “Content”). All Content is owned as a record by WPAOG and may be used only in accordance with this Agreement. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
USER PROVIDED CONTENT
Portions of the material contributed that are displayed on the Website are provided by Graduates, family members, classmates and others. We do not accept any liability with regard to such material (including with respect to its accuracy). We may apply, at our discretion, manual and/or automated filtering tools that monitor and/or delete any content that WPAOG believes to be inaccurate or unacceptable. We are also sensitive to the copyright and other intellectual property rights of others.
Graduates and others who submit content to WPAOG (“User Provided Content”) for their files grant WPAOG a license to use and host the submission(s) to the extent and in the form or context we deem appropriate on or through any medium or media and with any technology or devices now known or hereafter developed or discovered. Graduates and others who submit content hereby release WPAOG from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, WPAOG acquires no title or ownership rights in or to any content submitted and nothing in this Agreement conveys any ownership rights in the content submitted to us.
For some User Provided Content submitted to WPAOG, we will scan, image and/or create an index from the content you submit. In this situation, you grant WPAOG a license to the User Provided Content as described above and WPAOG will own the digital version of documents created by WPAOG as well as any indexed information that WPAOG creates.
SUBSCRIPTION TERMS, FEES and PAYMENTS
Users of the Website records may be Graduates, family members, and classmates who have free access to the information or registered visitors (subscribers or Users who may pay for access to view historical records.) Payment options and services offered will be published at the time a subscription or other service is offered or renewed. The terms and conditions applying to such subscriptions or other services will be incorporated into this Agreement.
LIMITED USE LICENSE
You may access the Service and use the graphics, information, data, editorial and other Content only for personal, family, or historical research; prior permission for any other use must be obtained in writing from the WPAOG Communications & Marketing Department. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Service. Questions regarding use may be directed to the WPAOG Communications & Marketing Department by emailing [emailprotected].
SOFTWARE LIBRARIES AND COPYRIGHTED MATERIALS
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Website. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings: unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisem*nts or solicitations aimed at persuading other members to use certain goods or services; material of a sexually explicitly nature, including photographs and text. Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Website without the express permission of the author or owner of the copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Users only for Users' own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Website is not protected by copyright rests with the User. User acknowledges that WPAOG and/or third-party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.
RULES OF CONDUCT AND TERMS OF SERVICE
Before using the Website, mailing lists, discussion boards, and extended services you agree to comply with all applicable laws and refrain from infringing on any third-party rights or interests (for example, privacy and intellectual property rights).
Because WPAOG is a nonprofit, tax-exempt organization, you agree that you will not use a WPAOG site for organized partisan political activities or commercial purposes. You further agree that you will not use any of the services or information provided on the Site to email or post any of the following content anywhere on the site and related webpages, on any WPAOG computing resources, or to contact any alumni via email, postal delivery service, or phone with:
-Material which defames, abuses or threatens others;
-Statements that are bigoted, hateful or racially offensive;
-Material that advocates illegal activity;
-Material that discusses illegal activities with the intent to commit them;
-Unauthorized copyrighted material obtained from any source;
-Material that contains vulgar, obscene or indecent language or images;
-Advertising or any form of commercial solicitation.
Statements or postings which violate the above terms will be deleted from postings upon discovery.
Note: Messages and postings made within the mailing lists, discussion boards and extended services are for the groups themselves and should not be forwarded or reposted without the explicit permission of the poster.
Users who violate the Agreement will receive a warning from an agent of WPAOG stating that the User has committed a violation and that further violations may result in the termination of User's account. After one or more warnings, depending on the nature of the violation, WPAOG at its sole discretion may terminate User's account.
NON-TRANSFERABILITY OF MEMBERSHIP
You must provide WPAOG with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You are responsible for all usage or activity on WestPointAOG.org via your account. You agree that billing and registration information you provide on the Website and related webpages will be accurate and complete. WPAOG and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Distribution of your password to others for access to the Service is expressly prohibited: User accounts may not be shared, transferred, or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User. WPAOG grants to User a personal, non-exclusive, non-assignable and non-transferable license to use and display WPAOG software ("Software") on any machine(s) of which User is the primary User. User also acknowledges all consequences of using the services provided herein. If any negative consequences arise from the use or access vis-a-vis this service, it is the User's responsibility to apply the initial remedy. Should WPAOG need to remedy a negative situation created by a User's use of the license provided, that remedy may include revocation of privileges.
You must notify WPAOG by phone, USPS mail or by email of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your ID and password.
Phone: 845.446.1500
USPS Mail: West Point Association of Graduates,
Communications & Marketing Dept.
698 Mills Road,
West Point, NY10996
Email: [emailprotected]
COMMUNICATIONS BETWEEN WPAOG AND YOU
We may send electronic mail to you or otherwise notify you for the purpose of informing you of changes or additions to the Service, Website and/or Terms of Use, as well as for other purposes related to your membership in WPAOG.
Communication services provided by WPAOG such as the Alumni Directory, alumni-specific web pages, mailing lists, bulletin boards, newsgroups, Register of Graduates, memorial pages and other services that may be offered in the future, are part of Services designed for private communication between alumni users. WPAOG will not monitor this communication but reserves the right to take action against any User who is defaming, harassing or otherwise offending another User through email, if it comes to WPAOG’s attention that this type of abuse is occurring, as is more fully set forth in the Rules for Online Conduct.
EMAIL SERVICE
WPAOG offers a free email forwarding account to all alumni who register on WestPointAOG.org and desire the service. WPAOG reserves the right to discontinue email access if the Graduate uses the account in a way that, in the sole discretion of WPAOG, it deems inappropriate. Such uses may include, by way of example but not limitation: a) material which defames, abuses or threatens others; b) statements that are bigoted, hateful or racially offensive; c) material that advocates illegal activity; d) material that discusses illegal activities with the intent to commit them; e) material that contains vulgar, obscene or indecent language or images and f) advertising or any form of commercial solicitation. Additionally, WPAOG reserves the right to generally terminate the free email forwarding service at its sole discretion.
LINKS TO OTHER SITES
WPAOG's Sites may include hypertext links to websites maintained or controlled by others. WPAOG is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.
ADVERTISER INFORMATION AND LINKS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site and associated webpages, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with those dealings, are solely between you and the advertiser. WPAOG is not responsible or liable for any loss or damage of any sort incurred as the result of any of those dealings or as a result of the presence of those advertisers on the Sites.
The Website and associated webpages may provide, or service providers or other third parties may provide, links to other World Wide Web sites or resources. Because WPAOG has no control over those sites and resources, WPAOG is not responsible for the availability of those sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from any of those sites or resources. Further, neither WPAOG nor any of its service providers is 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, goods or services available on or through any of those sites or resources.
TRADEMARKS
The WPAOG logo and all computer-generated graphics on the Website are trademarks of WPAOG and may not be used without prior written permission from the WPAOG Communications & Marketing Department. All other trademarks appearing on the Service are trademarks of their respective owners.
LIMITATION OF LIABILITY AND WARRANTY
WPAOG offers the Service on an "as is basis" and does not accept responsibility for any use of or reliance on the Website, Content, Service, or for any disruptions to or delay in the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus(es), communication line failure, incompatibility, security, fitness, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Specifically, WPAOG disclaims any and all implied warranties or representations to the maximum amount permissible under applicable law, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. User specifically acknowledges that WPAOG is not liable for the defamatory, offensive or illegal conduct of other members, Users or third-parties and that the risk of injury from the foregoing rests entirely with User. Neither WPAOG nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to gain access to or use the Service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content.
We limit our liability to the maximum amount permissible under applicable law. Nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of the Service, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Service.
TERMINATION OF SERVICE
User may terminate this Agreement and User's right to use the Website and/or Service. WPAOG may terminate your account or access rights to the Service at any time, without notice, for conduct that WPAOG believes violates this Agreement or other policies or guidelines that WPAOG has posted on a WPAOG service. WPAOG may terminate your account or access rights to the Website and/or Service for online conduct that WPAOG believes is harmful to other Users, to WPAOG's business, or to other information providers.
DISPUTES
If a dispute arises between you and WPAOG, our goal is to provide you a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact Customer Support at 845.446.1500 to describe the problem and seek a resolution. If that does not resolve the issue, then you and WPAOG agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Orange County, New York for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You and WPAOG agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and WPAOG agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
PRIVACY POLICY
WPAOG is committed to preserving the privacy of alumni, friends, and other Users of this site and associated webpages.
INDEMNIFICATION
Users of the Service and Website agree to indemnify and hold WPAOG harmless from any disputes which may arise from a breach of terms of this Agreement. Users agree to hold WPAOG harmless from any and all liabilities, claims and expenses that may arise from any breach of this Agreement by the User or otherwise as a result of Users' use of the Service or Website.
MISCELLANEOUS
You acknowledge and agree that WPAOG may disclose your information if WPAOG believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website and/or Service, the users, or the public.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Official correspondence must be sent via postal mail to:
West Point Association of Graduates
Communications & Marketing Dept.
698 Mills Road
West Point, NY10996
This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by WPAOG.
