Terms and Conditions of Use of this Site

Welcome to the Horace Mann School Alumni House and Development Office website. Before using the site, please review the following information, which describes the terms and conditions of this service, and then, if you agree with the terms and conditions of this service, continue using the site.

On-Line Services and Conditions of Use
Upon notice published through the Terms and Conditions, Horace Mann School may modify this document at any time. You agree to use this service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "User" throughout this document.

Policy for On-line Conduct
By using this service, you agree that you will not post any of the following materials in the bulletin boards, email postings, classnotes, or other service area:

   1. Material that defames, abuses, or threatens others.
   2. Unauthorized copyrighted material.
   3. Statements that are bigoted, hateful, racially offensive, harassing, defaming, or vulgar.
   4. Advertising or any form of commercial solicitation.
   5. Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
   6. Material that contains vulgar, obscene, or indecent language or images.

Postings that violate the above terms will be deleted from the site upon discovery. Users who violate these terms and conditions will receive a warning from Horace Mann School stating that user has committed a violation and that further violations may result in the termination of your access to the site. After one or more warnings, Horace Mann School at its sole discretion, may terminate user's account. Horace Mann School does not guarantee, however, that it will monitor all postings, and cannot guarantee that material in violation of Horace Mann School's policy will not be posted.

Copyrighted Materials
The downloading of copyrighted material, including without limitation text, photographs, sound, video, and music, 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 whether any information, software, or any other content on the service is protected by copyright rests with the user. User acknowledges that Horace Mann School 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.

Limitations of Liability and Warranty
User agrees that use of this service is entirely at user's own risk. Horace Mann School's services are provided "as is," without warranty of any kind, either expressed or implied, including without limitation any warranty for information, services, or products provided through or in connection with the service, including without limitation the Horace Mann School software licensed to the user and the results obtained through this service. Specifically, Horace Mann School disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy, or content of information, products, or services; and 2) any warranties of merchantability or fitness for a particular purpose.

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, communication line failure, theft or destruction 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.

User specifically acknowledges that Horace Mann School is not liable for the defamatory, offensive, or illegal conduct of other Horace Mann School service members or third parties and that the risk of injury from the foregoing rests entirely with user.

Neither Horace Mann School nor any of its agents or affiliates 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.

Distribution/Uploading of Third Party Content
User may upload to the software files or otherwise distribute on this site only content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or content that the author has given express authorization for distribution on the World Wide Web. Any copyrighted content submitted with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; Used by Permission." The unauthorized submission of copyrighted or other proprietary content is illegal and could subject the user to criminal prosecution as well as personal liability for damages in a civil suit. User, not the Horace Mann School or its independent contractors, is liable for any damage resulting from any infringements of copyrights, proprietary rights, or any other harm arising from such submission. By submitting content to any user submit areas, user automatically grants, or warrants that the owner of such content has expressly granted the Horace Mann School the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that exists in such content. User also permits any other user to access, view, store, or reproduce the content for that user's personal use. Subject to this grant, the owner of content placed on this site retains any and all rights that may exist in such content.

Termination of Service
Horace Mann School may terminate user account or access right to this service at any time, without notice, for conduct that Horace Mann School believes violates these Terms and Conditions or is harmful to other users, to Horace Mann School's business, or to other information providers.

Choice of Law
These Terms and Conditions shall be constructed in accordance with and controlled by laws of the State of New York. User agrees to personal jurisdiction by the state and federal courts sitting in the State of New York.

Merger Clause
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supercede all previous and contemporaneous agreements, proposals, and communications, written or oral between Horace Mann School and user. Horace Mann School may amend this agreement at any time upon notice from Horace Mann School to user as published through these Terms and Conditions.

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