General
This Kappa Alpha Order website (the “Service”) is owned and operated by Kappa Alpha Order. The Service is provided for informational purposes only. As part of our Service, Kappa Alpha Order agrees to provide you with information and other computer services subject to these Terms of Service. In consideration for use of the Service, you agree to use the Service in accordance with these Terms of Service. If you access our Service in any manner for the purpose of obtaining information, your access constitutes use of the Service. BY USING THIS SERVICE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THIS SERVICE.
Because the Internet is an evolving medium, from time to time we may need to change these Terms of Service or impose new conditions on use of the Service, in which case we will post the revised Terms of Service on this website. You are responsible for reviewing the most current version of these Terms of Service before using the Service to ensure that you agree to any revisions to these Terms of Service. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified. You further agree that these standards for notice and acceptance of changes or amendments to these Terms of Service and to the Service are reasonable.
Intellectual Property
All of the design, text, and graphics of this Service, as well as the selection and arrangement thereof, are copyrights of Kappa Alpha Order, © 2003 Kappa Alpha Order, All Rights Reserved. The trademark Kappa Alpha Order, as well as the Kappa Alpha Order motto and coat of arms, are each a trademark of Kappa Alpha Order. The Service contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE SERVICE CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER UNITED STATES AND INTERNATIONAL COPYRIGHT, TRADEMARK AND OTHER LAWS AND TREATIES.
You may establish a hypertext link to this Service so long as the link does not (i) suggest that Kappa Alpha Order has any relationship or affiliation with a third-party website or that Kappa Alpha Order endorses, sponsors or recommends the information, products or services on such website, (ii) use any of Kappa Alpha Order’s names, logos, designs, slogans, or trademarks in any advertising, publicity, promotion, or in any other commercial matter, or (iii) use any of Kappa Alpha Order’s names, logos, designs, slogans, trademarks or any other words or codes identifying the Service, in any "metatag" or other information used by search engines or other information location tools to identify and select websites.
License to Kappa Alpha Order
By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Kappa Alpha Order a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, modify, delete, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, or patent laws under any relevant jurisdiction.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Service complies with all laws directly or indirectly applicable to you or Kappa Alpha Order.
KAPPA ALPHA ORDER IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
Privacy
The following privacy policy governs our online collection of information from you. This privacy policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail. We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of the Service. We also collect and store information that is generated automatically as users navigate online through the Service. Unless you inform us otherwise, Kappa Alpha Order reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service (e.g., your name and e-mail address) for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses, you must send an e-mail or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors.
In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others besides Kappa Alpha Order. Kappa Alpha Order cannot be responsible for any unauthorized third party use of information that you disclose online.
We may use "cookies" in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our business affiliates and advertisers use cookies, which can be used to tell when your computer has contacted a web site. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site’s use of cookies or about that site’s use of your information.
We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on the Service. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of our Service, the public, or Kappa Alpha Order.
Children’s Privacy Statement for Kappa Alpha Order
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
· We do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Service. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records.
· Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
· We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Service.
Kappa Alpha Order Contact
If you have any questions about the Service, these Terms of Service, the children’s privacy statement, the privacy practices of Kappa Alpha Order, or your dealings with Kappa Alpha Order, you should contact:
Director of Communications
Kappa Alpha Order
P. O. Box 1865
Lexington, VA 24450
communications@ka-order.org
(540) 463-1865
Links
This Service includes links and pointers to Internet sites, content and services provided by third parties. These links are provided for your use and convenience only, and do not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites, nor should the presence of a link in any way be construed as a suggestion that any third-party site has any relationship with or to Kappa Alpha Order. In addition, Kappa Alpha Order does not operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by Kappa Alpha Order. Kappa Alpha Order does not knowingly link to websites that may infringe on valid and existing trademarks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Limitation of Liability
THIS SERVICE, ITS CONTENT AND ACCESS ARE PROVIDED ON AN “AS IS” BASIS. KAPPA ALPHA ORDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. SPECIFICALLY, KAPPA ALPHA ORDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE SERVICE, (ii) LINKS PROVIDED ON OR THROUGH THE USE OF THIS SERVICE OR BY KAPPA ALPHA ORDER, (iii) THIRD-PARTY SITES ACCESSED BY OR THROUGH THIS SERVICE, (iv) THE QUALITY AND SECURITY OF THIS SERVICE, OR (v) THE INABILITY TO ACCESS THE SERVICE OR CONTENT, INCLUDING WHETHER THE SERVICE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SERVICE. WHEN USING THIS SERVICE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF KAPPA ALPHA ORDER. ACCORDINGLY, KAPPA ALPHA ORDER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SERVICE, AND YOU (AND NOT KAPPA ALPHA ORDER) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Damages
YOU AGREE THAT KAPPA ALPHA ORDER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KAPPA ALPHA ORDER SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IN NO EVENT WILL KAPPA ALPHA ORDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF KAPPA ALPHA ORDER, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KAPPA ALPHA ORDER’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY KAPPA ALPHA ORDER MATERIALS, PRODUCTS OR SERVICES, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL KAPPA ALPHA ORDER BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of this Website, or the Content must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
Online Commerce
In addition, Kappa Alpha Order may allow you to purchase many different types of products and services online that are provided by third parties. Kappa Alpha Order is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Kappa Alpha Order site or on a site linked to by Kappa Alpha Order, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, are collected by the merchant. A merchant may have separate privacy and data collection practices. Kappa Alpha Order has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You hereby release Kappa Alpha Order and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Kappa Alpha Order.
When you purchase products or services on or through theKappa Alpha Order site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to this website or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Use of Organization Directories
The information contained in any organization directories that may be provided on the Service is provided for personal lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will Kappa Alpha Order or its suppliers be liable in any way with regard to such information.
Interactive Features
This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to Kappa Alpha Order and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. Kappa Alpha Order does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
· Restrict or inhibit any other user from using and enjoying the Service.
· Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
· Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
· Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
· Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
· Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Kappa Alpha Order.
· Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that Kappa Alpha Order has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Kappa Alpha Order reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post, delete or to remove any information or materials, in whole or in part, that in Kappa Alpha Order’s sole discretion are objectionable or in violation of these Terms of Service.
Registration
To use certain features of the Service, you must register with Kappa Alpha Order on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Kappa Alpha Order has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Kappa Alpha Order cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Termination
Kappa Alpha Order may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Survivability
The following provisions of the Terms of Service survive the expiration or termination of the Terms of Service for any reason whatsoever: Limitation of Liability, Limitation of Damages, Indemnity, Jurisdiction and Choice of Law, Termination and Other.
Indemnity
You agree to indemnify and hold Kappa Alpha Order, its officers, directors, employees, members, agents, and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Service; (ii) your violation of any applicable law, regulation, rule or order, pertaining to your use of the Service; (iii) your unauthorized or unlawful use of the Service; and (iv) the unauthorized or unlawful use of the Service by any other person using your password.
No Extraterritoriality
Kappa Alpha Order is based in Lexington, Virginia, in the United States of America. It makes no claims that the Service is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America, or that any postings can be lawfully sent or received outside of the United States of America. Access to the Service and creation of certain postings may not be legal by certain persons in certain countries. If you access this Service from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Kappa Alpha Order, including without limitation any claim involving Kappa Alpha Order or its affiliates, subsidiaries, employees, members, officers, directors, telecommunication providers and content providers: (i) you will submit to the jurisdiction of the courts of the County of Henrico, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, Virginia, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Service, as well as any suit, action or proceeding arising out of or in connection with any dispute with Kappa Alpha Order, including without limitation any claim involving Kappa Alpha Order or its affiliates, subsidiaries, employees, members, officers, directors, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Other
This agreement constitutes the entire agreement between Kappa Alpha Order and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern.
We may assign these Terms of Service, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Service without our prior written permission. Any attempt by you to assign your rights under these Terms of Service without the permission of Kappa Alpha Order shall be void.
If any provision of these Terms of Service is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The headings of the various sections of these Terms of Service have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Service.
