1. Acceptance of Terms
Kirkland & Ellis LLP (hereafter referred to as the "Firm") provides Alumni Network Services (the "Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS, including any updates, at any time by clicking on the "Terms" link at the bottom of each page. You are responsible for regularly reviewing these terms and conditions. In addition, when using particular Firm services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. In consideration of the mutual covenants set forth herein, the Firm and you agree be bound by the TOS. If you do not agree to the TOS, you are prohibited from using the Service and must stop using the Service immediately.
2. Description of Service
The Firm provides users with the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Firm assumes no responsibility for your use of the Service or for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Your Registration Obligations
In consideration of your use of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Firm has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or if you otherwise misuse the Service, the Firm has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account, Password and Security
You will receive/create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You shall not permit third parties to access the Firm's web site through your username and password. You agree to immediately notify the Firm of any unauthorized use of your password or account or any other breach of security. The Firm cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Firm, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service.
You agree to not use the Service:
7. No Unlawful or Prohibited Use
As a condition of your use of the Service, you warrant to the Firm that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You understand that using the Firm's web site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your account.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Material Provided to the Firm or Posted on the Service
The Firm does not control all of the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of any content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Firm be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.
You acknowledge that the Firm does not pre-screen content, but that the Firm and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, the Firm and its designees shall have the right to remove any content that violates the TOS or is deemed by the Firm, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the Firm or submitted to the Firm, including, without limitation, information in the Firm news section, and in all other parts of the Service.
The Firm does not claim ownership of the materials you provide to the Firm (including feedback, suggestions or photos) or post, upload, input or submit to the Service (collectively "Submission"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submission (and all contents and materials therein) you are granting the Firm, its affiliated companies, and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Submission in connection with the operation of the Service or our Internet business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You acknowledge and agree that the Firm may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third-parties; or (iv) to protect the rights, property, or personal safety of the Firm, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold harmless the Firm and its affiliates, officers, partners, and employees, from any claim or demand, including reasonable attorneys' fees (including internal fees), made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS or any applicable law, the use of your account and password, or your violation of any rights of another.
11. No Resale of Service
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. General Practices Regarding Use and Storage
You acknowledge that the Firm may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on the Firm's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Firm has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the Firm reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Firm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. Modifications to Service
The Firm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Firm shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Firm, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if the Firm believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. The Firm may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Firm may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Firm shall not be liable to you or any third party for any termination of your access to the Service.
15. Hyperlinks from the Firm Web Site
The Service may provide, or third parties may provide, links to other sites and resources on the Internet. Because the Firm has no control over such sites and resources, you acknowledge and agree that the Firm is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such hyperlinked site or resource.
16. Firm's Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Firm or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FIRM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR INDEMNITY OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICE OR YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE FIRMíS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, $100.00.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. Trademark Information
Kirkland & Ellis LLP, Kirkland and other Kirkland logos and service names are trademarks of Kirkland & Ellis LLP (the "Firm Marks"). Without the Firm's prior written permission, you agree not to display or use in any manner the Firm Marks.
22. General Information
The TOS constitute the entire agreement between you and the Firm regarding your use of the Service, superseding any prior agreements between you and the Firm. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and the Firm shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and the Firm agree to submit to binding arbitration on an individual basis in accordance with the Arbitration Rules of the American Arbitration Association. Unless the parties mutually agree to a different location, the arbitration shall be held in Chicago, Illinois The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA. The failure of the Firm to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Administration Department by sending us an email at email@example.com, sending a written notification to Kirkland & Ellis LLP, 300 North LaSalle, Chicago, IL 60654, Attn: Human Resources-Alumni Engagement Program, or call us at (312) 862-2871.