UMass Amherst Alumni Association
Your Career
Employer's Job Posting Terms of Use
The University of Massachusetts Amherst Alumni Association, Inc. (hereinafter the “Association”) offers job postings at a rate of $150.00 each. Job postings must be paid in full prior to being posted on the restricted UMass Amherst Alumni Online Community (otherwise known as UMassAlumni.com and hereinafter collectively referred to as the “Alumni Online Community”).
This page outlines the Terms of Use ("Terms") under which You may use the Alumni Online Community to post employment opportunities. Please read these Terms carefully.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
POLICY AND GUIDELINES FOR PROPER USE
TRADEMARK INFORMATION
COPYRIGHT INFORMATION
DISCLAIMER OF WARRANTIES
DISCLAIMER OF CONSEQUENTIAL DAMAGES
LIMITATION OF LIABILITY
CALIFORNIA
GENERAL INFORMATION
These Terms constitute a binding agreement between You and the University of Massachusetts Amherst Alumni Association, Inc. and are accepted by You upon Your use of the Alumni Online Community.
ACCEPTANCE OF TERMS
The term "You" as used herein shall refer to all individuals, employers and entities posting jobs or employment opportunities or causing jobs or employment opportunities to appear on or to the Alumni Online Community. The term “post” as used herein shall mean information or content that You submit, publish or display or cause to be submitted, published or displayed on the Alumni Online Community.
By accepting these Terms, You represent and warrant to the Association that You have reached the age of majority in Your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to the Association that You will use and post to the Alumni Online Community in a manner consistent with any and all applicable laws and regulations. The Association may revise these Terms at any time by posting an updated version to the Alumni Online Community and You hereby agree and acknowledge that You shall be bound by such revised Terms. You should visit the Alumni Online Community to review the most current Terms.
If You do not accept the Terms stated here, do not use, post or cause a posting to appear on or to the Alumni Online Community. By using, posting or causing a post to appear on or to the Alumni Online Community, You agree to be bound by these Terms.
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DESCRIPTION OF SERVICE
Jobs posted on the Alumni Online Community are viewable only by those having a paid membership in the Association and by those individuals having access as a registered user of another alumni association that also utilizes the Harris Database. While jobs and employment opportunities posted on the Alumni Online Community may be viewable by alumni of other schools that have access to the Harris Database, You may request that only University of Massachusetts Amherst alumni reply to Your job posting.
Jobs are posted on the Alumni Online Community for 30 days, after which time the posting will be deleted except as set forth otherwise below. If You wish to remove Your job posting prior to that time, You may request to have it deleted by sending a written notice to the Association at University of Massachusetts Amherst Alumni Association, Memorial Hall, 134 Hicks Way,, Amherst, MA 01003-9170. Please be advised, however, that Your job posting fee shall not be pro-rated for a time period of less than 30 days.
If You wish to extend Your job posting for longer than 30 days, You must: (a) notify the Association in writing at least three (3) business days prior to the time Your current posting expires, and (b) at the time of such notification provide payment for an additional 30 days.
The Association has no obligation to screen Your job postings, communications or information and You hereby agree, acknowledge, represent and warrant that the Association shall not be responsible for screening or monitoring Your job postings, content, communication or information which You post or cause to be posted.
The Association may review and remove any job posting, content, communication or information that You post or cause to be posted, which in the Association’s sole judgment, violates these Terms; violates applicable laws, rules or regulations; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
The Association reserves the right to take any lawful action with respect to any posting, content, communication or information that the Association, in its sole discretion, believes could create liability for the Association; damage the Association’s public image, or otherwise could harm the Alumni Online Community or the third parties that access it.
The Association further reserves the right, in its sole discretion, to change, limit, or discontinue any aspect of Your posting, content, communication or information. The Association reserves the right, in its sole discretion and without liability, to suspend or revoke Your right to post to or access the Alumni Online Community based on the Association’s belief that Your post to or access of the Alumni Online Community violates these Terms or any applicable law or regulation.
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POLICY AND GUIDELINES FOR PROPER USE
The job posting feature of the Alumni Online Community shall only be used for lawful purposes by employers seeking employees. By accepting these Terms You hereby agree and acknowledge that You shall be solely responsible for Your job postings and/or content (including, without limitation works in any form, media, or technology whether now known or later developed) that You post on the Alumni Online Community and that You shall hold the Association harmless with regard to same. You agree that in posting a job, You will not impersonate any person or business entity, or submit any materials to the Association that are false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal or which are otherwise in violation of Your obligations as set forth in these Terms.
By utilizing or posting to the Alumni Online Community, You agree, represent and warrant that You will not to do any of the following: (a) post jobs or content on the Alumni Online Community that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) post on the Alumni Online Community any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (c) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Alumni Online Community other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (d) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Alumni Online Community; or (e) aggregate, copy or duplicate in any manner any of the content or information on the Alumni Online Community without the express prior written consent of the Association.
The compilation (meaning the collection, arrangement and assembly) of all content on the Alumni Online Community is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of any content or information on the Alumni Online Community may violate these laws, and is strictly prohibited.
You agree not to sell or modify any content displayed on the Alumni Online Community or reproduce, display, publicly perform, distribute, or otherwise use said content in any way for any public or commercial purpose except as expressly stated herein; or in any other manner that is likely to cause confusion among consumers or potential employees; that disparages or discredits the Association, the Alumni Online Community or Harris or their respective licensors, licensees or service providers; that dilutes the strength of the Association’s property; or that otherwise infringes the intellectual property rights of the Association, Harris or their respective licensors, licensees or service providers.
You further agree not to misuse in any way any content on the Alumni Online Community. The use of such content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that the Association, Harris or their respective licensors, licensees or service providers creates to generate or display any content on the Alumni Online Community is protected by copyright and You shall not copy or adapt such code.
You shall not post to, cause to be posted to or use the Alumni Online Community in any manner whatsoever so as to transmit, post, distribute, store, collect or destroy material, including without limitation, content on the Alumni Online Community: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others; (c) in a manner that will violate the privacy, publicity or other personal rights of others; (d) in a manner that is inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or (e) which otherwise contains a solicitation of funds or goods.
You are also prohibited from violating or attempting to violate the security of the Alumni Online Community, including without limitation, the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to the Association or any third party host or network, including, without limitation, via means of submitting a virus to the Alumni Online Community, overloading, "flooding", "spamming", "mailbombing" or "crashing." Violations of system or network security may result in civil and/or criminal liability. The Association reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any employer or user who is involved in such violations.
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TRADEMARK INFORMATION
The Association logos and the Association trademarks and service marks and names are trademarks or service marks of the University of Massachusetts Amherst Alumni Association, Inc. Without the Alumni Association's express prior written permission, You are prohibited from displaying, using or copying in any manner these Association marks.
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COPYRIGHT INFORMATION
The Association owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Alumni Online Community or via the Alumni Online Community by third parties not within the control of the Association. You should notify the Association promptly if You believe any materials on the Alumni Online community infringe a third-party copyright and set forth the following in connection with Your belief:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that You claim has been infringed;
(3) A description of where the material that You claim has been infringed is located on the Service or Site;
(4) Your address, telephone number and email address;
(5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(6) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
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TERMINATION
The job posting and other features of the Alumni Online Community may be used only for lawful purposes by employers seeking employees. If the Association is notified or discovers that You are or may be posting to, causing posts to or otherwise using the Alumni Online Community in a manner that does not conform to these Terms, the Association may, in its sole discretion, complete an investigation and determine whether to remove Your job posting or take any other actions which in the Association’s judgment are necessary to ensure compliance with these Terms. Under no circumstances shall You be entitled to any repayment or refund of any fee You paid if the Association determines You have violated these Terms or any applicable law or regulation or otherwise takes action to ensure compliance with these Terms. By accepting these Terms, You hereby waive and relinquish any and all rights You may have at law to any such repayment or refund in the event of Your non-compliance with these Terms or any such applicable law or regulation.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1) YOUR POSTING TO THE ALUMNI ONLINE COMMUNITY IS AT YOUR SOLE RISK.
2) NEITHER THE ASSOCIATION, HARRIS, NOR THEIR RESPECTIVE LICENSORS, LICENSEES, OR SERVICE PROVIDERS WARRANT THAT THE ALUMNI ONLINE COMMUNITY WILL OPERATE ERROR-FREE OR THAT ANY SERVERS SUPPORTING THE ALUMNI ONLINE COMMUNITY ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS AND THE AFORESAID SHALL NOT BE RESPONSIBLE FOR ANY COSTS, FEES OR EXPENSES CAUSED THEREBY.
3) THE ALUMNI ONLINE COMMUNITY EXISTS ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE ASSOCIATION, HARRIS, AND THEIR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THESE TERMS.
5) NEITHER THE ASSOCIATION, HARRIS, NOR THEIR RESPECTIVE LICENSORS, LICENSEES, OR SERVICE PROVIDERS MAKE ANY WARRANTY (i) ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ALUMNI ONLINE COMMUNITY WHATSOEVER; (ii) THAT THE ALUMNI ONLINE COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE ALUMNI ONLINE SERVICE WILL BE ACCURATE, RELIABLE OR BENEFICIAL; or (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR TRANSACTIONS ENTERED INTO BY YOU THROUGH THE ALUMNI ONLINE COMMUNITY WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED;
6) ANY INFORMATION, MATERIAL OR COMMUNICATION OBTAINED OR ANY ACTION OR NON-ACTION BY YOU AS A RESULT OF YOUR JOB POSTING IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, COSTS, EXPENSES OR FEES WHICH YOU INCUR AS A RESULT; AND
7) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ASSOCIATION, HARRIS, OR THEIR RESPECTIVE LICENSORS, LICENSEES, OR SERVICE PROVIDERS OR THROUGH OR FROM YOUR JOB POSTINGS CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
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DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE ASSOCIATION, HARRIS, OR THEIR RESPECTIVE LICENSORS, LICENSEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR FEES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR JOB POSTING OR FROM YOUR USE OR INABILITY TO USE THE ALUMNI ONLINE COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ASSOCIATION, HARRIS, AND/OR THEIR RESPECTIVE LICENSORS, LICENSEES, OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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LIMITATION OF LIABILITY
To the fullest extent permitted by law, You hereby agree to defend, indemnify, and release and hold harmless the Association, Harris, and their respective service providers, affiliates, successors, predecessors, officers, directors, employees, members, managers, shareholders, representatives, agents, licensors, licensees, and assigns, from and against any and all claims, actions or demands, including without limitation all damages, costs, expenses, fees, fines, and penalties arising out of or resulting in way from (i) Your breach, noncompliance or violation of these Terms; (ii) Your job postings; (iii) Your violation of any applicable law, statute, code or regulation; (iv) any transaction in which Your enter into as a result of Your job posting; (v) any content, information, communication, service, or product which You receive, procure or seek in connection with Your job posting; (vi) any information, communication, content or posting which You provide to the Association for posting on the Alumni Online Community (vii) Your violations of the privacy rights of any third party that responds to Your job posting; (viii) any criminal act or omission in which You engage as a result of information or communication You receive in response to Your job posting; or (viii) Your use of or access to the Alumni Online Community. The Association reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. In such event, You shall, at Your own expense, cooperate as fully as reasonably required in the defense of any claim.
The Association does not represent, warrant or make any guarantee whatsoever as to the truthfulness, accuracy, or reliability of any communications You receive as a result of or in response to Your posting. You acknowledge and agree that any reliance on such communications shall be solely at Your own risk and that You shall hold the Association harmless with regard to same. The Association has no liability or responsibility to You apart from posting Your job provided You have made payment and complied with the Terms. The Association cannot and does not promise, guarantee or make any representation whatsoever as to any success You may have in connection with Your job postings. No information, whether oral or written, received by You shall create any warranty not expressly stated herein.
THE MAXIMUM LIABILITY OF THE ASSOCIATION, HARRIS, AND THEIR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS (WHICH LIABILITY IS EXPRESSLY DISCLAIMED) ARISING OUT OF OR IN CONNECTION WITH YOUR JOB POSTING OR YOUR USE OF THE ALUMNI ONLINE COMMUNITY, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, EQUITY OR OTHERWISE), SHALL NOT EXCEED $100.00.
IF YOU DO NOT AGREE TO THE TERMS OR IF YOU ARE OTHERWISE DISSATISFIED, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR JOB POSTING.
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CALIFORNIA
IF YOU ARE A CALIFORNIA RESIDENT, ENTITY OR EMPLOYER, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
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GENERAL INFORMATION
This Agreement, Your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the Commonwealth of Massachusetts, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the Commonwealth of Massachusetts in Hampshire County and the United States District Court for the Central District of Massachusetts in any and all actions, disputes, or controversies relating to this Agreement.
These Terms constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either the Association or You of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of the Association and its successors, trustees, and assigns. The Association may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to You. Any such assignment by the Association does not relieve You of Your obligations under this Agreement.
