Terms of Use
Welcome to www.ub-foundation.org, a web site (the “Site”) made available by the University at Buffalo Foundation, Inc. and its affiliated companies (“UBF”). The Site is only for alumni, employees, friends and students of the University at Buffalo (the “University”), plus any other individuals interested in UBF or the University, for the purposes described herein, and any other use of the Site is prohibited. If you are not an authorized user, you must immediately discontinue use of, and exit, the Site. Any use of the Site by authorized users is subject to the following additional terms and conditions:
1. Scope
These Terms of Use govern your access to, and use of, the Site. In using the Site, you agree to these Terms of Use on your own behalf, and if you are accessing the Site in your capacity as an employee, on behalf of your employer.
2. Access
The Site will generally be available to authorized users, subject to periodic downtime for maintenance services. However, UBF may at any time, in its sole discretion, modify, or remove from the Internet, the Site without any notice or liability to you. In addition, any access of, or attempt to access, equipment, software or information of UBF or any third party not generally available to authorized users of the Site in connection with their use of the Site is prohibited.
3. Permitted Use
You may access and use the Site only for legitimate, non-commercial purposes; provided, however, that you may not use the Site for any purpose prohibited by (a) UBF, in its sole discretion, after you receive notice of such prohibition, (b) these Terms of Use or (c) any applicable law. Without limiting the generality of the immediately preceding sentence, you may not use the Site to (a) defame or harass UBF or any third party, (b) promote obscene or other objectionable content, (c) infringe any intellectual property rights of UBF or a third party, (d) engage in any fraudulent conduct or (e) send spam, or malware, viruses or other harmful code, over the Internet.
4. Additional Provisions
There may be additional terms and conditions contained elsewhere on the Site that relate to your use of certain portions of the Site. When applicable, your use of the Site is subject to these additional terms and conditions. For example, if you desire to make a donation to UBF through the Site, when requested to do so, you must accept the terms and conditions contained elsewhere on the Site that relate to such donation. In the event of a conflict between these Terms of Use and such additional terms and conditions, the latter will control.
5. Content
All right, title and interest (including, but not limited to, all intellectual property rights) in any content contained on the Site (collectively “Content”) belongs to, or is licensed from a third party by, UBF. UBF may at any time, in its sole discretion, modify or remove any Content without any notice or liability to you.
Content may include copyrighted material, trademarks, service marks and other intellectual property rights owned or licensed from a third party by UBF (including, but not limited to, intellectual property rights licensed by UBF from the University). All such copyrighted material, trademarks, service marks and other intellectual property rights shall at all times remain owned or licensed by UBF and no license is granted to you to use such copyrighted material, trademarks, service marks and other intellectual property rights, unless set forth in a writing signed by UBF.
You may only access, copy, modify and use any Content (a) to learn about UBF, (b) as permitted in these Terms of Use or (c) as otherwise authorized in writing by UBF. Without limiting the generality of the immediately preceding sentence, you may not access, copy, modify or use any Content for a commercial purpose.
You must make your own determination regarding the suitability of any Content for your purposes, and except as expressly stated herein, neither UBF nor the University will have any responsibility or liability to you for your use of, or reliance on, any Content.
6. Disclaimer
THE SITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER UBF NOR THE UNIVERSITY WARRANTS OR REPRESENTS THAT (A) THE SITE WILL ALWAYS, OR AT ANY TIME, BE AVAILABLE FOR USE, (B) ANY USE OF THE SITE OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED, (D) THE SITE IS FREE OF MALWARE, VIRUSES OR OTHER HARMFUL CODE, (E) ANY CONTENT IS ACCURATE, COMPLETE OR SUFFICIENT FOR YOUR PURPOSES, OR (F) ANY CONTENT IS OWNED OR LICENSED BY UBF OR ANY THIRD PARTY.
7. Links
The Site may from time to time be linked to other web sites that are not made available by UBF (including, but not limited to, www.buffalo.edu, a web site made available by the University). UBF is not responsible for any content or other information contained on, or otherwise with respect to, such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship or recommendation by UBF of such other web site and the link is provided only for your convenience. UBF will have no responsibility or liability to you arising from any link between the Site and another web site.
8. Your Information
You grant to UBF a non-exclusive, perpetual, and fully-paid license to copy, enhance, modify, transfer, use and otherwise exploit any content and other information provided by you in using the Site for any legitimate purpose anywhere in the world. If you provide any content or other information to UBF while using the Site, such content and other information must be accurate and complete in all respects, unless by its nature such content or other information is not intended to be accurate or complete. In addition, you must immediately update such content and other information in a writing sent to UBF to maintain its accuracy and completeness. Any such content and other information posted by you on the Site may be removed by UBF, in its discretion, at any time, for any reason and without any notice to you.
9. Privacy
When you use the Site, UBF may collect personal and other information about you and your use of the Site. Collection, use and disclosure of such information are governed by UBF’s privacy policy, which is available for your review on the Site, (the “Privacy Policy”). Your access and use of the Site is conditioned upon your acceptance of, and subject to, the Privacy Policy.
10. Liability Limitation
EXCEPT AS SET FORTH IN THE IMMEDIATELY FOLLOWING SENTENCE, NEITHER UBF NOR THE UNIVERSITY WILL BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCURRED BY YOU IN CONNECTION WITH (A) YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, (B) UBF’S TAKING ANY ACTION PERMITTED BY THESE TERMS OF USE, OR (C) ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY UBF. UBF WILL ONLY BE LIABLE FOR ANY DIRECT DAMAGES ACTUALLY INCURRED BY YOU (A) IN CONNECTION WITH ITS FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OF ACCESS OR ITS NEGLIGENCE UP TO $100 IN THE AGGREGATE OR (B) IN CONNECTION WITH ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
11. Indemnification
You must indemnify, defend and hold harmless UBF and the University from and against all costs, damages, expenses, fines, indebtedness, liabilities, losses, penalties and other payments incurred by UBF or the University (including, but not limited to, fees and disbursements of counsel to UBF or the University) in connection with (a) your use of the Site or any Content, (b) your failure to perform any of your obligations pursuant to these Terms of Use, (c) UBF’s taking any action permitted by these Terms of Use, and (d) any other matter relating to the Site or any Content, except to the extent such costs, damages, expenses, fines, indebtedness, liabilities, losses, penalties or other payments are incurred by UBF solely due to the gross negligence or intentional misconduct of UBF.
12. Notice
You may send notices relating to these Terms of Use to UBF by regular mail as follows:
University at Buffalo Foundation, Inc.
Attn: Stacy Knapper
P.O. Box 900
Buffalo, New York 14226-0900
Any such notice will be effective upon actual receipt by UBF.
UBF may send notices to you through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon UBF’s sending such notice to the address it has in its records for you in the case of e-mail, (b) five days after UBF’s sending such notice to the address it has in its records for you in the case of regular mail, and (c) immediately upon your entering the Site after such notice is posted on the Site.
13. Disputes
These Terms of Use shall be governed by, and interpreted and enforced in accordance with, the internal law of the state of New York, without regard to its principles of conflict of laws. You and UBF (a) will submit any dispute relating to the Site, any Content, these Terms of Use, any additional terms and conditions contained elsewhere on the Site, or any donation made by you to UBF through the Site exclusively to any court located in the county of Erie, New York having subject matter jurisdiction over such dispute, and (b) consent to such court’s being, and waive any objection (including, but not limited to, any objection based on inconvenience) you may have to such court’s not being, a proper venue for such dispute.
14. Severability
Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other such provision being prohibited or invalid.
15. Amendments
UBF may amend these Terms of Use at any time by posting such amendment on the Site. You will be deemed to have agreed to, and bound by, such amendment (a) immediately upon an e-mail message with respect to such amendment being sent to you at the address UBF has in its records for you, (b) five days after notice with respect to such amendment being sent to you by regular mail to the address UBF has in its records for you, (c) immediately upon your entering the Site after a general notification has been posted on the Site that these Terms of Use have been amended, or (d) immediately upon your accepting these Terms of Use, as so amended, when entering the Site, in each case regardless of whether or not you have actually read such amendment.
16. Miscellaneous
These Terms of Use (a) inure to the benefit of, and are binding upon, you and UBF and each of your and UBF’s successors and assignees, except that you may not assign any of your rights or obligations under these Terms of Use without the prior written consent of UBF, and (b) constitute the entire agreement between you and UBF with respect to their subject matter, and supersede all prior oral and written proposals, representations, understandings and agreements. Except for the University, there are no third-party beneficiaries to these Terms of Use. .
All content on the Site, including these Terms of Use and the Privacy Policy, are © 2020 University at Buffalo Foundation, Inc., its affiliated companies and/or third parties. All rights reserved.