I agree, at all times, as a condition for my use (“use”) of the Claremont McKenna College (“CMC”) and Claremont McKenna College Alumni Association (“CMCAA”) Internet and non-Internet on-line information systems (“services”), that I shall:
1) Use only my authorized services account.
2) Use the services only for my own personal non-commercial purpose (excluding information for my personal commercial use in contacting an alumnus/alumna on an individual basis). I agree that I shall not buy, sell, or disseminate any information that I obtain through my use or others’ use of the services.
3) Not alter on-line the content and/or form of the information.
4) Use only appropriate system protection features such as passwords, and not attempt to subvert passwords or other restrictions on services use.
5) Access files of others only with express written permission from CMC (for college information) or from CMCAA (for alumni information) and then for only those purposes which have been so authorized.
6) Not make any anonymous use. I understand that services use is not to be anonymous; that CMC and CMCAA each may keep a list of all services use made.
7) Not make any use of the services for any form of harassment prohibited by law (sexual, racial, age, etc.), defamation, invasion of the right of privacy, threats of violence, implanting or causing to be placed on the services a “virus” (without permission, any modification of, implementation or addition to existing computer programs, applications and software) and/or to knowingly do any act in violation of Federal or any State laws or of the CMC Rules of Conduct.
8) Notify CMC or CMCAA as soon as possible if I find a discrepancy between my personal information and the services data.
9) Agree that:
a) Information obtained over the Internet is not official college or CMCAA information and is provided for information purposes only. I understand that both CMC and CMCAA have made every effort to keep information on the services accurate and up-to-date; however, errors and changes do occur. I agree that I should and will always check official CMC or CMCAA bulletins for official names, addresses, deadlines, requirements, and other information.
b) CMC or CMCAA may at any time, with or without prior notice, with or without cause, terminate, in whole or part, the services to me, and if so terminated, re-institute such terminated services to me, in whole or in part.
c) That any use contrary to the above conditions and agreements shall be unauthorized.
d) That all of the above conditions and agreements for my use shall be applicable for and binding upon any and all other authorized services users.
e) That CMC and CMCAA each reserve the right to take all legal action necessary in the event of my misuse of the services including the immediate canceling of my user’s account and the filing of criminal actions against me, under appropriate state or federal law, including but not limited to the Electronic Communication Privacy Act of 1986, and California Penal Code section 502.
DISCLAIMER OF WARRANTIES AND OTHER CONTRACTS
I understand and agree that neither CMC or CMCAA make any warranties, either express, implied, or statutory, as to any matter whatsoever relating to the services, including, without limitation, the condition of the services, their merchantability, or their fitness for any particular purpose. I understand and agree that there is no contract between CMC or CMCAA and me relating to my access to or other use of the services other than what is expressly stated herein.
RELEASE, WAIVER, AND AGREEMENT NOT TO SUE
On behalf of myself, my heirs, successors-in-interest, assignees, representatives, nominees, agents, attorneys, employees, and/or insurers, I expressly waive and release CMC and CMCAA, and their trustees, directors, officers, agents, attorneys, and employees, and agree to hold harmless, indemnify and defend them from as to all liabilities, demands, damages (consequential, incidental, punitive, exemplary, or similar damages), expenses (including attorneys fees and costs), and all other losses, which arise from, are caused by, or relate to use by or through me or on my behalf, including but not limited to:
a. my use of the services;
b. my authorizing use of the services by others;
c. the invasion of my privacy, harm to my reputation or other damage caused to my by the unauthorized access through the services to my computer or other services connecting device.
d. The condition, maintenance, quality, hours, or any and all other matters relating to the furnishing and/or termination (in whole or in part), and any re-instituting if so terminated (in whole or in part), of the services to me and others; and/or
e. the supervision or lack of supervision of the services.
I hereby expressly waive and relinquish any and all rights, irrespective if now known, unknown, suspected, unsuspected, existing or not yet existing, that I have or hereafter may have, and agree to not hereafter claim nor assert any such rights, against CMC and/or CMCAA relating my use of the services and I expressly waive the provisions of California Civil Code §1542 which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
I ACKNOWLEDGE I HAVE READ THE FOREGOING USER AGREEMENT AND I HAVE BEEN FULLY ADVISED AND AM AWARE OF THE POTENTIAL OF UNAUTHORIZED ACCESS TO MY COMPUTER OR OTHER SERVICES CONNECTING DEVICE. I UNDERSTAND THIS IS A RELEASE OF LIABILITY WHEREBY I GIVE UP MY RIGHT TO SUE FOR BREACH OF CONTRACT, BREACH OF WARRANTY AND FOR NEGLIGENCE OR OTHER ACTS (EXCEPT FOR FRAUD, WILLFUL INJURY OR CRIMINAL ACTS), AND I DO SO KNOWINGLY AND VOLUNTARILY.