Newman Smith High School Alumni
Carrollton, Texas (TX)
Last updated June 26, 2018.
NOTE: THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY AND THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR THE VISITOR'S USE OF OUR WEBSITES.
Alumniclass.com reserves the right to modify or remove any of the materials or services offered through our Websites at any time without notice and makes no guarantee as to the information's completeness, reliability or accuracy.
Any rights not expressly granted herein are reserved by Alumniclass.com.
If you have any questions regarding the use of our Websites or the binding agreement that is created when you choose to register or use our Websites in any way, please contact our Customer Support.
• AGE OF MAJORITY
• WEBSITE CONTENT
• MEMBERSHIP AND SITE ACCESS
• PAID MEMBERSHIPS
• YOUR PASSWORD
• MEMBERSHIP CANCELLATION
• REFUND POLICY
• PAYMENT AND AUTOMATIC RENEWAL
• SITE USE
• YOUR INFORMATION
• LIMITATION OF LIABILITY
• DISCLAIMER OF WARRANTIES
• ACCEPTABLE/UNACCEPTABLE USE - INDEMNIFICATION
• CHOICE OF LAW AND VENUE
• THIRD-PARTY SITES
• EXTERNAL CONTENT
• EXTERNAL LINKS
• INTELLECTUAL PROPERTY
• ONLINE SECURITY
• MERCHANDISE ORDERS
• REUNION OR EVENT COORDINATOR
• REUNION OR EVENT ATTENDEE
AGE OF MAJORITY
OUR WEBSITES ARE INTENDED FOR USE BY PERSONS OVER THE AGE OF THIRTEEN (13). BY ACCESSING OUR WEBSITES YOU REPRESENT YOU ARE A STUDENT, FORMER STUDENT, FACULTY MEMBER, OR SCHOOL STAFF MEMBER AND OVER THE AGE OF 13. If you are under the age of eighteen (18) you may use our Websites only with involvement of and the permission of your parent or guardian. If you are a minor's parent or legal guardian, you must monitor and supervise the use of our Websites by persons under the age of eighteen (18) who are under your care. Further, you agree to and have accepted responsibility for their use of our Websites. Any Member found to be under the age of thirteen (13) will have their account terminated and their rights to future use taken away.
Our Websites act as a medium for students, alumni, school faculty and staff and other users to come together and share information and content. Alumniclass.com is not responsible for posting content, nor does it guarantee that any content will be posted on our Websites. Virtually all Website content comes from users and members and Alumniclass.com has little control over what content is posted. Alumniclass.com does not guarantee the accuracy, inaccuracy, quantity, quality or lack of any information posted to our Websites and assumes no responsibility for same. By accepting these Terms or Use, you acknowledge and understand that it is the responsibility of users and members to post useful and accurate content on the Websites and that any lack of information is not the responsibility of Alumniclass.com.
When you use or become a member of our Websites you are granting Alumniclass.com rights to use the content you submit, upload or post on our Websites. No compensation or any other consideration will be paid for the use of any content that you provide. By submitting, uploading photos, text, yearbook photos or any other content to our Websites you grant us a royalty-free, non-terminable, worldwide, non-exclusive license to use, modify, edit, store, save, distribute, reproduce, recreate, change, adapt, have distributed, publish, publicly display, privately display, transmit, have transmitted, communicate, publicly perform, privately perform, create derivative works based upon, and promote all such content, in its entirety, whole or in part, in any known medium or hereafter devised medium, for commercial, promotional, editorial and any other purposes including, without limitation, the right to publish your name in connection with any content, market such content, and the right to sublicense any or all of these rights. You acknowledge that Alumniclass.com owns all right, title, and interest in any compilation, collective work, artistic work, or any other derivative work created using or incorporating any content you provide to our Websites.
Alumniclass.com, reserves the right, at our sole discretion, to remove any content posted on our Websites for any reason, at anytime, but we do not assume the responsibility for doing so.
MEMBERSHIP AND SITE ACCESS
To have full access to all areas of our Websites you may have to submit payment and select one of our upgraded paid membership options. You are not required to pay a fee to register to use our Websites, but you may only have limited access to the features, functions, services and other content on our Websites. Further, when you register as a free member, you may not have access to all functions, features, services and other portions of the Websites. We reserve the right to change, edit, remove, discontinue, add, create, functions, features, services and any other portion of the Websites at any time.
The website allows its paid members ability to communicate and share information, including without limitation sending emails through the website, providing information and leaving messages on profile pages and various places on the site and posting information on message boards, forums and other areas. Please remember, you or the member receiving a message or an email must be a paid member in order to read or respond to received message and/or emails.
If you choose to register and become a member of our Websites, you are required to create a password. Your activity on our Websites will be monitored and traced back to your password and membership account. You are responsible for keeping your password secure and you are fully responsible for the loss, misuse or any other activity related to your password and membership account. Please notify us immediately if you believe that someone has stolen or used your password without your consent.
You may cancel your membership at any time and remove your profile from our Websites. The cancellation of your paid membership is your only remedy with respect to any dispute you may have relating to our Websites or your paid membership. Your membership cancellation is subject to our no refund policy and no portion of any fee will be refunded. For assistance or questions regarding cancelling your account please contact our CUSTOMER SERVICE.
NO REFUND POLICY
All fees relating to any paid membership and any subsequent automatic renewal fees are non-refundable. We do not refund any membership fees, automatic renewal fees or membership upgrade fees for any reason. Please use due caution when you choose to pay for a paid membership.
PAYMENT AND AUTOMATIC RENEWAL
No portion of any membership fee is refundable. If you did not select a "Lifetime Membership" for a one-time fee, your membership will renew automatically for the same term each time it reaches its expiration date and each subsequent term thereafter. You agree that your credit card, debit card, other approved payment method or PayPal account will be charged the then-current price for each subsequent renewal term.
Changing or cancelling your automatic renewal payments will only stop future automatic renewal payments and will not impact any automatic renewal payments that occurred prior to the date of your automatic renewal payment status change.
Prices for all paid memberships are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. If you become a paid member, you agree to pay, using a valid credit card or other payment method that we accept and you will pay all the applicable fees and taxes set forth in the membership offer that you selected and accepted.
We reserve the right to change the amount of any membership fees effective at the end of your then current subscription period. It is your responsibility to ensure that sufficient funds are available to cover the charges for your paid membership, and Alumniclass.com has no liability for any overdraft or other fees that you may incur as a result of Alumniclass.com processing your payment.
Our Websites are not intended for use by other parties for the purpose of investigation or solicitation.
As with many other social networking sites, Alumniclass.com may monitor or track the pages, profiles, photos, comments, other content and other activity of any registered users on the Websites. This information may be shared with other users, displayed on the Website both publically, privately and stored in our systems for our use and study of user trends. This information includes but is not limited in any way when you visit another member's profile. When you visit, view, comment or in any other way interact with other members, your activity, comments and other information may be displayed on our Websites (without limitation) both publically and privately. When you visit the profiles of other members, we may email these members to inform them their profile has been viewed. This email will inform our users that someone has viewed their profile and the user will be instructed how to obtain the identity of that person. Obtaining the identity of people that have viewed your profile may include, but is not limited to, having to pay for an upgraded membership in order to view this information in accordance with our Paid Membership terms.
You are fully responsible for any content that you create, submit, post, upload, publish or provide on our Websites. You agree not to create, submit, post, upload, publish or provide any information, text or other material, that is illegal, unlawful, libelous, defamatory, lewd, obscene, indecent, pornographic, harassing, threatening, invasive, abusive, inflammatory or otherwise objectionable; or that would constitute or encourage a criminal offense or that would otherwise create liability or violate any local, state, national, or international law; or that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. Please use discretion when uploading photos containing firearms. You warrant that you have the lawful right to reproduce and distribute said content and that you have the right to grant any and all necessary rights and licenses for such, including, without limitation, all necessary copyrights and other related rights to the content, free and clear of all claims and encumbrances, without violating the rights of any person, third-party or entity, including any right to privacy or publicity. You warrant that each person depicted in any photograph, yearbook photograph, picture, artistic work or other derivative work that you submit, if any, has provided consent to the use any such picture, artistic work, photograph or other derivative work.
If you submit items in which you claim intellectual property rights (e.g. a logo) you grant Alumniclass.com an irrevocable, limited license to use your intellectual property on our Websites, throughout the universe, forever.
You agree not to upload, distribute or otherwise post or publish charity requests, signature petitions, chain letters, items relating to pyramid schemes, advertising or money solicitations, political campaigning, mass mailings, any form of unsolicited e-mail or "spam," or offering or disseminating fraudulent services or goods, schemes or promotions.
You agree not to use Alumniclass.com Websites to disseminate cancel bots, time bombs, Trojan horses, viruses, worms, zombies, or any other similar computer programs that may interfere with or damage any other program, data or computer system.
Alumniclass.com reserves the right to monitor and review submissions online and in storage, and to remove or reject any material, which Alumniclass.com, at our sole discretion, believes may be unlawful or objectionable without prior notice to the submitting user or member, however, the reservation of this right does not create an obligation or duty on Alumniclass.com to review or reject material, nor does it create any liability for Alumniclass.com. You acknowledge that what may be objectionable or offensive to one user or member may not be offensive to another user or member. All users or members are encouraged and expected to report any potentially offensive content uploaded on our Websites. Alumniclass.com will not be held liable should a member or user be offended by something posted, however, we will do our best to be mindful of any complaints and at our sole discretion, may take any action we deem to be necessary.
By providing information, you represent and warrant the information is true, complete and accurate. To help prevent spam abuse, external e-mail addresses, personal contact information and some website addresses may be removed from the Websites by Alumniclass.com. Any member found abusing our Websites in any way will lose their membership privileges without refund. ANY UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY CONTENT OF THE SITE IS SUBJECT TO REMOVAL AND TERMINATION OF MEMBERSHIP.
LIMITATION OF LIABILITY
YOUR USE OF OUR WEBSITES IS ENTIRELY AT YOUR SOLE RISK. ALUMNICLASS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ALUMNICLASS.COM OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
ALL ALUMNICLASS.COM WEBSITES AND THE MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, ALUMNICLASS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
ALL INFORMATION AND SERVICES PROVIDED THROUGH ALUMNICLASS.COM WEBSITES ARE INTENDED TO BE ACCURATE AND RELIABLE. HOWEVER, THE NATURE AND VAGARIES OF ELECTRONIC TRANSMITTALS AND COMPUTER PROCESSES MAY, AT TIMES, CAUSE CERTAIN FEATURES TO BE TEMPORARILY DELAYED OR SUSPENDED AND OTHER ERRORS TO OCCUR. CONSEQUENTLY, ALUMNICLASS.COM DOES NOT WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, AVAILABILITY OR COMPLETENESS OF ANY DATA, OR OTHER SERVICES PROVIDED ON OR THROUGH ALUMNICLASS.COM WEBSITES AND WE SHALL NOT BE LIABLE FOR THE FAILURE OF TRANSMISSION, DELIVERY OR THE UNAVAILABILITY OF ANY DATA. LIKEWISE, ALUMNICLASS.COM DOES NOT WARRANT THAT OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ACCEPTABLE/UNACCEPTABLE USE - INDEMNIFICATION
You agree to comply with all applicable laws and regulations in connection with the use of Alumniclass.com's Websites. You are solely responsible for knowledge of and adherence to any and all applicable laws, statutes, rules and regulations pertaining to the use of our Websites. Use of our Websites in violation of any law is prohibited. Any use of the Websites for the transmission, distribution, retrieval, or storage of material ("Transmission") that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual property – unauthorized transmission of material protected by patent, copyright, trade secret, or other intellectual property right (including, without limitation, the Digital Millennium Copyright Act); (ii) Inappropriate content – any transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations; (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message; (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C. 7701, et. seq., and 16 CFR Part 316).
You agree to indemnify, defend and hold Alumniclass.com and affiliates, business partners, employees and agents harmless from any loss, liability, claims, demand, damage, or expense (including court costs and reasonable fees of attorneys, accountants and expert witnesses), at your sole expense, asserted by any third-party that arises from your failure to abide by the terms and restrictions on use of our Websites as set forth herein. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and such shall not excuse your indemnity obligations. Not-withstanding any of the foregoing, Alumniclass.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Alumniclass.com's sole discretion.
CHOICE OF LAW AND VENUE
Alumniclass.com may at times display promotions and offers from third-party sites at our sole discretion. Your correspondence, business dealings with or participation in any sales, offers and/or promotions of advertisers, advertisements or service providers found on or through our Websites, including payment and delivery of related goods or services, and any other terms, policies, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers, third-party partners, affiliates or service providers.
You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such third-party sites or resources.
Alumniclass.com communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third-parties. Alumniclass.com has no control over the accuracy, quantity or quality of such information on our pages, and material on Alumniclass.com's Websites may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
Links to external Internet sites are provided within the content on our Websites as a convenience to our users. The listing of an external site does not imply endorsement of the site by Alumniclass.com or our affiliates. Alumniclass.com does not make any representations regarding the availability and performance of our Websites or any of the Websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Websites, your browser may automatically direct you to a new browser window that is not hosted or controlled by Alumniclass.com. Alumniclass.com and our affiliates are not responsible for the content, functionality, or technological safety of these external sites.
We reserve the right to disable links to or from third-party sites to our Websites, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Websites. We make no representation and assume no responsibility concerning the content that third parties or any user submit.
"Alumniclass.com™" is a trademark of Alumniclass.com and it may not be copied, imitated or used, in whole or in part, without Alumniclass.com's prior written permission.
All content, including, without limitation, graphics, logos, text, images and other features appearing on Alumniclass.com's Websites are the copyrights, trademarks and other intellectual property owned, controlled or licensed by Alumniclass.com. This content is protected by copyright separately and as a collective work or compilation under U.S. and International copyright law and is the property of the Alumniclass.com, our licensors, or the party credited as the provider of the content, as the case may be.
As a user or member of our Websites, you may not copy, distribute, transmit, reproduce, publish, create derivative works, or in any way use any of the content on the website without the prior written permission of Alumniclass.com. This prohibition includes, without limitation, the publication of any part of the content on any other website, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this website shall be directed to Alumniclass.com.
Alumniclass.com installed physical, electronic, and procedural safeguards to store and maintain your profile and member information in a secure environment. You will be required to use your password to access certain areas of our Websites where certain types of your information can be changed or deleted. It is of the utmost importance that you take precautions to protect yourself against unauthorized access to your password. It is your responsibility to maintain the confidentiality of your password. It is each member's due caution to be aware of any information they place on their profile that they deem private. We cannot guarantee that the safeguards we employ will perfectly maintain the privacy of profile information from the threats of others and factors beyond our control.
Online access to Alumniclass.com's Websites is generally twenty-four (24) hours, seven (7) days a week, except that Alumniclass.com's Websites may be inaccessible from time to time for website maintenance, due to a website failure or other unforeseen events. Although Alumniclass.com will try to minimize such inaccessibility, it is not liable under this Agreement for failure to provide access due to any such events.
Legal Equivalency. This e-document and any other e-documents and policies incorporated herein are deemed to be: a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; legally enforceable as a signed writing as against you AlumniClass.com; and, an "original" if printed as a record established and maintained in the ordinary course of business. These e-documents may be introduced as evidence in any judicial proceeding and shall be admissible to the same extent as other business records, established and maintained in the ordinary course of business.
Entire Agreement. This Agreement contains the entire agreement among the parties, and supersedes all prior agreements, written or oral, with respect to the subject hereof. As between or among the parties, no oral statement or prior written material not specifically incorporated or referenced herein shall be of any force and effect. The parties specifically acknowledge that in entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. All prior representations or agreements, whether written or verbal, not expressly incorporated or referenced herein are superseded.
Waiver and Non-Contractual Remedies; Preservation of Remedies. No delay on the part of AlumniClass.com in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any waiver on the part of any party of any such right, power, or privilege, nor any single or partial exercise of any such right, power, or privilege, preclude any further exercise thereof or the exercise of any other such right, power, or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity, except where this Agreement expressly provides otherwise.
Attorneys Fees and Costs. In the event of a dispute or legal proceeding arising out of or related to this Agreement, AlumniClass.com 's Website or their use, you will be liable to AlumniClass.com for it's reasonable attorney's fees, paralegal fees and costs, incurred from the demand letter, forward.
Severability. If any provision of this Agreement is held by court or arbitrator of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
REUNION OR EVENT COORDINATOR
TRANSACTION FEES AND PAYEE INFORMATION: If you choose to use our online ticket sales or donations services you agree to pay any and all the associated fees. Our Direct Deposit Fee for depositing funds into the account designated by the Reunion or Even Coordinator is $4.40 for each Electronic Funds Transfer. (EFT) Our fee to mail checks to the address provided by the Reunion or Event Coordinator is $6.40 for each mailed check. You assume all the responsibility for providing accurate payee information. Failure by us to deliver funds as described is your responsibility and you agree we are not liable for any failure to deliver of funds based on the payee information you provide to us. Please allow 10-14 business days to receive requested funds from the date you request your funds.
REFUNDS: You acknowledge and agree that as the Reunion or Event Coordinator, you are the sole responsible party in the distribution of any fees or refunds related to your reunion. You acknowledge that we are not responsible or liable for any refunds or payment of any refunds whatsoever. You are agreeing to take responsibility for all claims, liabilities, actions or damages of every kind in relation to your event.
REUNION OR EVENT ATTENDEE
ONLINE TRANSACTION FEE
If you choose to purchase your reunion or event tickets online through the site there is an online transaction fee for every purchase made on the site. The online transaction fee for each purchase is $2.95 in United States currency. This fee helps cover the costs of accounting and distributing the funds for the reunions and events posted on the site.
ATTENDEE REFUNDS: You acknowledge and agree that as a Reunion or Event Attendee, the Reunion or Event Coordinator is the sole responsible party in the distribution of any refunds related to your reunion. You acknowledge that we are in no way responsible or liable for any refunds whatsoever. We have no control over the performance or lack of performance of any Reunion or Event Coordinator and all disputes must be resolved with the Reunion or Event Coordinator. You are agreeing that the Reunion or Event Coordinator takes the sole responsibility of all claims, damages, costs, liabilities, actions or loss of any sort in relation to your event.