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THUNDERBIRD INDEPENDENT ALUMNI ASSOCIATION, INC.
LEGAL NOTICE, TERMS OF USE, PRIVACY STATEMENT

Copyright © 2014 Thunderbird Independent Alumni Association, Inc. All rights reserved.

 

Revised April 2, 2014

 

Welcome to the Thunderbird Independent Alumni Association, Inc. (“TIAA”) web site. TIAA is an Arizona non-profit corporation that is presently in the process of applying for 501(c)(3) status. TIAA is not affiliated with the Thunderbird School of Global Management (“Thunderbird”), but is an independent alumni association, comprised of, and overseen by Thunderbird Alumni, dedicated to giving alumni a voice in the affairs of the school, as well as mentoring graduates, empowering and supporting regional chapters, and enhancing global business at large.    

These Terms of Use (the “Terms of Use”) apply to the TIAA web site located at www.tiaaglobal.org, and all associated sites linked to www.tiaaglobal.org by TIAA, its subsidiaries and affiliates, including TIAA sites around the world (collectively, the “Site”). The Site is the property of TIAA and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Use of Site

You agree to use this Site only for lawful purposes relating to your membership, or possible membership in TIAA. TIAA is a non-profit corporation, in the process of applying for tax-exempt status, and you agree that you will not, under any circumstances, use the Site for organized partisan political activities. Additionally, you agree that you will NOT use the Site to do any of the following:

 

1.      Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, bigoted or racially, ethnically or otherwise objectionable according to the TIAA community standards.

2.      Upload, store, maintain, forward or display adult content, including documents and images of a lewd or lascivious nature.

3.      Violate the legal rights of others (including without limitation the right to privacy), or violate the laws of any jurisdiction.

4.      Discuss illegal activities with the intent to commit such activities.

5.      Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

6.      Upload or otherwise transmit any content or data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or is proprietary, or that contains a virus or deliberately corrupted data. You represent that you have full rights to transmit the data and content you upload or post, and you accept the full responsibility for its legality, reliability and appropriateness.

7.      Collect information about others (including contact information and email addresses) without their consent.

8.      Upload or otherwise transmit any content, or engage in any activity that constitutes advertising or any form of commercial solicitation.

9.      Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by TIAA administrators, (a) may harm TIAA or users of the Site, or (b) may expose them to liability.

10.   Access, download, use or export the Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

11.   Additionally, and not in limitation of the foregoing, you acknowledge that TIAA is an independent alumni association, unaffiliated with Thunderbird, and you therefore agree that you will not use, or post to this Site, any material or content that has been improperly obtained from Thunderbird, including but not limited to any content improperly obtained from any website owned and operated by Thunderbird, including the “My Thunderbird” (“MTB”) site, or obtained in violation of such site’s own terms of use.  

 

The TIAA administrators reserve the right to remove any information or material from the Site, without explanation, which we may determine, in our sole discretion, to be incompatible with the above restrictions, or with any of the provisions of these Terms of Use, including without limitation anything we believe, whether through our own research or notification by others, may constitute copyright or trademark infringement. All such actions will be performed on a “reasonable efforts” basis. TIAA administrators cannot review all material that is posted to the Site, and we do not guarantee that objectionable material will be immediately removed. Therefore, TIAA does not assume any liability for any action or inaction regarding such material uploaded to the Site, or for the content itself.

 

If you believe your intellectual property is being violated by something on the Site, or if you believe something on the Site is otherwise in violation of these Terms of Use, please notify TIAA immediately in writing, with sufficient documentation to allow TIAA to identify the infringing or violating material and its location, as well as your claim and authority to file such notification, and your complete current contact information.  

 

Use of Content

Subject to the limitations set forth herein, TIAA  hereby authorizes you to view, print, copy and distribute information published by TIAA on this or any other publicly accessed site maintained by TIAA's World Wide Web server linked to this Legal Notice (collectively, the "Sites"), provided that (a) the information may only be used privately and internally (by you or any third party to whom you distribute it) and only for informational, non-commercial purposes; (b) no modification of any such information may be made; (c) no fee may be charged for distribution of any information to any third party; and (d) any and all copyright or other proprietary notices that appear herein, together with this Legal Notice, must appear on all copies that you make or distribute.

 

Your Account

If you are a Member of TIAA, you will receive a user name and password which are used to log in to your account. TIAA has two different types of Members. Non-paid Members have registered on the website but have not paid TIAA’s membership fee and are not entitled to cast votes on voting matters. Paid Members have also registered on the website, and have additionally paid TIAA’s membership fee and with certain exceptions, are fully entitled to cast votes on voting matters. There are several levels of paid membership. Please visit Thunderbird Independent Alumni Association Membership Structure and Member Bylaws for more information about memberships and voting rights.

 

You are solely responsible for maintaining the confidentiality of your username and password, and you are likewise fully responsible for all activities that occur under your account. If you are accessing this Site from a shared computer (such as in a public library), you must be careful to log out of the account and close the browser before leaving the workstation. If you suspect that your account has been compromised in any way, you must immediately notify TIAA. TIAA is not liable for any loss or damage arising from your failure to comply with the provisions of this section.

 

Privacy and Protection of Personal Information

TIAA’s collection, storage and use of your personal information is described in our Privacy Policy, which is incorporated by reference into this Terms of Use document.

 

Copyright Restrictions/Use of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TIAA, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TIAA’s express prior written consent, the granting or withholding of which is at the sole and absolute discretion of TIAA. All content is subject to periodic change without notice from TIAA.

 

The following activities and uses are specifically not authorized, and are prohibited:

1.      Any use of the Site, or of any information or Content on the Site, to create competing or derivative works;

2.      Any distribution to others of any information or Content on the Site as if it were your own;

3.      Any sale, reproduction or use of any information or Content on the Site without TIAA’s express written permission.

 

This Site may provide a facility which allows you to upload photos, written content and comments, or other materials. You agree that any and all content added by you to the Site, or submitted to TIAA for inclusion in the Site (individually and collectively, the “User Content”) shall immediately become, and shall continue to be the property of TIAA, and that TIAA may use all such User Content as it sees fit, including but not limited to allowing the non-commercial use of such User Content by other users in accordance with these Terms of Use.

 

TIAA respects the intellectual property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), TIAA has designated an agent to receive notifications of alleged copyright infringement association with the Site. TIAA will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work in being infringed, please notify us.

 

Disclaimers

Any products, processes, systems, programs or technology published on the Sites are subject to the Intellectual Property rights reserved by TIAA, its subsidiaries, affiliates or licensors, and are not licensed hereunder except for the very limited uses expressly set forth in these Terms of Use. Any software programs and any corrections, updates or new versions of any software programs that may be made available by TIAA through the Sites are provided subject to the additional terms, conditions and restrictions of any such materials, or as indicated in the applicable section of the Sites.  If no additional terms are made available by the proprietor of such materials, or as provided on the Sites, then any software programs or software code is governed by this provision.

All information related to our products and services provided via the Sites, including the entirety of content, whether user-generated or provided directly by TIAA, and also including without limitation, professional and social networking functionalities, email, membership directories, member profiles, online store,  software programs, software code, offerings, or programs, statements of future directions, "white papers" or other materials of TIAA, and/or its subsidiaries, affiliates or licensors (collectively, "Information") is intended for informational purposes only and is subject to change or withdrawal by TIAA at any time without notice. TIAA assumes no responsibility for the accuracy or completeness of the Information.   

TIAA DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THE SITE, OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, NOR DOES TIAA WARRANT THAT THE FOREGOING WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.   ALL INFORMATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IF YOU RELY ON INFORMATION OR ADVICE PROVIDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. TIAA EXPRESSLY DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE HEREOF.

IN NO EVENT WILL TIAA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF TIAA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY, AND IN SUCH JURISDICTIONS THE ABOVE EXCLUSIONS MAY NOT APPLY, BUT SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION. 

 

Indemnification

You agree to indemnify and hold harmless TIAA, and their respective officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Site and in TIAA, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of this Site, or of any products, services, or information obtained from this Site.

 

Termination

If you are a member of the Thunderbird Independent Alumni Association, TIAA reserves the right to suspend or close your account if you do not renew your membership when it is due to expire, in accordance with policies posted on the Site and/or renewal notices sent by email or regular mail. For a more complete statement concerning your rights and obligations as a TIAA member, please see the Thunderbird Independent Alumni Association Membership Structure and Member Bylaws.

 

The TIAA administrators additionally reserve the right to terminate access to this Site and refuse service to users who violate these Terms of Use or who we reasonably believe are not intending to use the platform for its intended purpose, and to pursue legal remedies against persistent or serious offenders.

 

Trademarks

“Thunderbird Independent Alumni Association,” “TIAA,” and any other TIAA product names are either trademarks or registered trademarks of TIAA and may not be used without written permission of TIAA.

 

Feedback; Non-Confidentiality

Unless expressly provided otherwise by TIAA, all comments, feedback, information or materials submitted to TIAA through or in association with the Sites shall be considered non-confidential and the property of TIAA. By submitting such comments, feedback, information or materials to TIAA, you agree to a no-charge assignment to TIAA of all universal rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. TIAA shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.

Links to Third Party Sites
The Site may contain hyperlinks to other Web sites controlled by parties other than TIAA. TIAA is not responsible for and does not endorse the contents or use of these Web sites.

Governing Law and Jurisdiction
TIAA is organized under the laws of the State of Arizona, with its principal place of business in Scottsdale, Arizona, in the United States of America. You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Sites shall be governed by U.S. federal law and/or the laws of Arizona, as applicable, without regards to its conflict of law principles. You hereby irrevocably submit to the exclusive jurisdiction of any state or federal court sitting in Maricopa County, Arizona, in respect of any suit, action or proceeding arising out of or pertaining to these Terms of Use, and you also irrevocably accept, generally and unconditionally, the jurisdiction of the foregoing courts.

If TIAA does take any legal action against you as a result of your violation of these Terms of Use, TIAA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TIAA. You agree that TIAA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary to render the provision(s) enforceable and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and TIAA with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and TIAA with respect to such use are hereby superseded and cancelled. TIAA will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. TIAA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by TIAA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between TIAA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. TIAA may modify these Terms of Use at any time without notice by posting this amended and dated document to the Site. You should check back periodically to see if anything has changed. Your continued use of the Site indicates your acceptance of these Terms of Use, and of any revised Terms of Use.

If you have any questions concerning legal or other matters described above, contact the TIAA by email at admin@tiaaglobal.org, or by telephone at (480) 840-1224.

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