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Privacy
and Legal Disclaimer
Updated 9/16/07: Prize My Eyes knows
that the privacy of the personal information
that we receive about you is important
to you. We understand that you trust
us to protect the confidentiality and
security of that information. The information
we collect about you is used only to
provide the services that you request
from us.
This notice informs you of our privacy
policy and describes how we treat the
information that we receive about you.
Prize My Eyes collects nonpublic personal
information about you only in connection
with providing you services that you
request. The types of nonpublic personal
information that we collect vary according
to the services we perform for you,
and may include:
* Information that we receive from you
(such as your name, address, social
security number and other household
information);
* Information about your relationship
with us (such as the types of services
we provide to you, your invoice balances,
and your payment history); and
* Information that we receive, with
your authorization, from third parties.
Prize My Eyes does not disclose any
public or nonpublic personal information
about you that you have provided to
us to anyone outside of our company,
except as authorized by you or as required
by law. In addition, we will release
information to the extent required by
law or regulation. We do not sell client
information to anyone or disclose client
information to marketing companies.
We restrict access to public and nonpublic
personal information about you that
you have provided to us to those Prize
My Eyes staff members who need to know
the information to provide services
to you. All Prize My Eyes employees
are required to maintain the confidentiality
of all nonpublic personal information
about you.
Legal Disclaimer: The information contained
within this site should not be considered
as legal advice.
PRIVACY AND USE
Prize My Eyes maintains all records
and is responsible for updating data.
This Web site and any information included
is for personal use only. Any information
relating to alumni for any other purpose,
including but not limited to, reproducing
and storing in a retrieval system by
any means, electronic or mechanical,
photocopying or using the addresses
or other information for any private,
commercial or political mailing or contact,
is strictly prohibited, is in direct
violation of copyright and would constitute
misappropriation of corporate property.
All information contained herein remains
the property of the Prize My Eyes. The
data contained on this Web site may
not be reproduced in whole or in part
by any person or entity without the
express written permission of the Prize
My Eyes. The Prize My Eyes have attempted
to verify and correctly state the information
contained herein. However, the Prize
My Eyes and its webmasters disclaim
all liability and responsibility for
the accuracy of this information. In
addition, circumstances may have rendered
some information herein obsolete prior
to the date of the publication or prior
to the time the information is reviewed
by the reader.
A FEW WORDS ABOUT YOUR PRIVACY
Prize My Eyes has adopted these guidelines
to ensure customer privacy and protect
personal data.
1. Information Collection and Use
We will ask you when we need information
that personally identifies you or allows
us to contact you. Such information
may be requested when you update your
files, join the Alumni Association,
make donations or similar activities.
Your information may be used for the
following purposes:
*
To make the site easier for you to use
and navigate
*
To help you quickly access services
or information on our website.
*
To help us create content relevant to
you
*
To alert you to site updates, new features
and Association-related benefits and
offers
2. Updating Personal Files
If you choose not to update your personal
files, you will still be able to access
content. However, you may not be able
to access areas or sources that require
personal file information.
3. Personal File Updates
We provide you with the means to ensure
that your personal information is correct
and current.
4. Security
Prize My Eyes protects the security
of your personal information and honors
your choices for its intended use. We
carefully protect your data from loss,
misuse, unauthorized access or disclosure,
alteration or destruction. Personal
information will be used for Prize My
Eyes business purposes only.
5. Newsletter Mailings
You have the right to control whether
you receive updates through our University-powered
or third-party newsletter and emailing
services.
6. Feedback
If you believe Prize My Eyes has not
has not adhered to the principles above,
please notify us by email. We will do
our best to determine and correct the
problem promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the Prize My Eyes WebSite
("the Service"), you signify your agreement
to all terms, conditions, and notices
contained or referenced herein, the
Terms of Service ("TOS"). If you do
not agree to the TOS, do not use this
Service. We reserve the right, at our
discretion, to update or revise the
TOS. Please check the Terms periodically
for changes. Prize My Eyes provides
its service to you, subject to the following
TOS, which may be updated by us from
time to time without notice to you.
In addition, when using particular Prize
My Eyes services, you shall be subject
to any posted guidelines or rules applicable
to such services which may be posted
from time to time. All such guidelines
or rules are hereby incorporated by
reference into the TOS. Your continued
use of this Service following the posting
of any changes to the TOS constitutes
acceptance of those changes.
2. DESCRIPTION OF SERVICE
Prize My Eyes currently provides users
with access to online resources. Unless
explicitly stated otherwise, any new
features that augment or enhance the
current Service, including the release
of new Prize My Eyes properties, shall
be subject to the TOS. You understand
and agree that the Service is provided
"AS-IS" and that Prize My Eyes assumes
no responsibility for the timeliness,
deletion, mis-delivery or failure to
store any user communications or personalization
settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED "AS
IS" AND "AS AVAILABLE," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY
FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY,
Prize My Eyes DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED
TO ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES, AND
DISCLAIMS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR
INJURY WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
b.Prize My Eyes MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
Prize My Eyes OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER Prize My Eyes NOR ANY OF ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR ANY OTHER
THIRD PARTY FOR ANY DAMAGES ARISING
OUT OF USE OF THE SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE
OR OUT OF ANY BREACH OF ANY WARRANTY.
THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF Prize My
Eyes HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS,
THE RESPECTIVE LIABILITY OF Prize My
Eyes, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR
SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH LAW.
FURTHER, YOU EXPRESSLY UNDERSTAND AND
AGREE THAT Prize My Eyes SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Prize My Eyes HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (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.
3. 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 Prize My
Eyes, are entirely responsible for all
Content that you upload, post, email,
transmit or otherwise make available
via the Service. Prize My Eyes does
not control the Content posted via the
Service and, as such, does not guarantee
the accuracy, integrity or quality of
such Content. You understand that by
using the Service, you may be exposed
to Content that is offensive, indecent
or objectionable. Under no circumstances
will Prize My Eyes 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,
transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise
make available any Content that is unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful,
or racially, ethnically or otherwise
objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including,
but not limited to, a Prize My Eyes
official, forum leader, guide or host,
or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d.
forge headers or otherwise manipulate
identifiers in order to disguise the
origin of any Content transmitted through
the Service;
e.
upload, post, email, transmit or otherwise
make available any Content that you
do not have a right to make available
under any law or under contractual or
fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as
part of employment relationships or
under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise
make available any Content that infringes
any patent, trademark, trade secret,
copyright or other proprietary rights
("Rights") of any party;
g.
upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas
(such as shopping rooms) that are designated
for such purpose;
h.
upload, post, email, transmit or otherwise
make available any material that contains
software viruses or any other computer
code, files or programs designed to
interrupt, destroy or limit the functionality
of any computer software or hardware
or telecommunications equipment;
i.
disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than
other users of the Service are able
to type, or otherwise act in a manner
that negatively affects other users'
ability to engage in real time exchanges;
j.
interfere with or disrupt the Service
or servers or networks connected to
the Service, or disobey any requirements,
procedures, policies or regulations
of networks connected to the Service;
k.
intentionally or unintentionally violate
any applicable local, state, national
or international law, including, but
not limited to, regulations promulgated
by the U.S. Securities and Exchange
Commission, any rules of any national
or other securities exchange, including,
without limitation, the New York Stock
Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having
the force of law;
l.
"stalk" or otherwise harass another;
or
m.
collect or store personal data about
other users.
You acknowledge that Prize My Eyes does
not pre-screen Content, but that Prize
My Eyes 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,
Prize My Eyes and its designees shall
have the right to remove any Content
that violates the TOS or is 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 Prize
My Eyes or submitted to Prize My Eyes,
including without limitation information
in Prize My Eyes Links, News, and in
all other parts of the Service.
You acknowledge and agree that Prize
My Eyes 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 to: (a) comply
with legal process; (b) enforce the
TOS; (c) respond to claims that any
Content violates the rights of third-parties;
or (d) protect the rights, property,
or personal safety of Prize My Eyes,
its users and the public.
You understand that the technical processing
and transmission of the Service, including
your Content, may involve (a) transmissions
over various networks; and (b) changes
to conform and adapt to technical requirements
of connecting networks or devices.
5. 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.
6. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
Prize My Eyes does not claim ownership
of Content you submit or make available
for inclusion on the Service. However,
with respect to Content you submit or
make available for inclusion in the
Service, you grant Prize My Eyes an
unlimited, world-wide, royalty free
license.
7. INDEMNITY
Upon a request by Prize My Eyes, you
agree to defend, indemnify, and hold
harmless Prize My Eyes and other affiliated
companies, and their employees, contractors,
officers, and directors from all liabilities,
claims, and expenses, including attorney's
fees, that arise from your use or misuse
of this Service. Prize My Eyes reserves
the right, at it own expense, to assume
the exclusive defense and control of
any matter otherwise subject to indemnification
by you, in which event you will cooperate
with Prize My Eyes in asserting any
available defenses. Further, you agree
to indemnify and hold Prize My Eyes,
and its subsidiaries, affiliates, officers,
agents, co-branders or other partners,
and employees, harmless from any claim
or demand, including reasonable attorneys'
fees, made by any third party due to
or arising out of Content you submit,
post, transmit or make available through
the Service, your use of the Service,
your connection to the Service, your
violation of the TOS, or your violation
of any rights of another.
10. GENERAL PRACTICES REGARDING USE
AND STORAGE
You acknowledge that Prize My Eyes 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 number of email messages that
may be sent from or received by an account
on the Service, the maximum size of
any email message that may be sent from
or received by an account on the Service,
the maximum disk space that will be
allotted on Prize My Eyes'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
Prize My Eyes 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
Prize My Eyes reserves the right to
log off accounts that are inactive for
an extended period of time. You further
acknowledge that Prize My Eyes reserves
the right to change these general practices
and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Prize My Eyes 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 Prize
My Eyes shall not be liable to you or
to any third party for any modification,
suspension or discontinuance of the
Service.
13. TERMINATION
Prize My Eyes reserves the right, in
its sole discretion, to terminate your
access to all or part of this Service,
with or without notice. You agree that
Prize My Eyes, in its sole discretion,
may terminate your 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 Prize My Eyes believes that you
have violated or acted inconsistently
with the letter or spirit of the TOS.
Prize My Eyes 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 Prize My
Eyes 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
Prize My Eyes shall not be liable to
you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in
promotions of, advertisers found on
or through the Service, including
payment and delivery of related
goods or services, and any other
terms, conditions, warranties or
representations associated with such
dealings, are solely between you and
such advertiser. You agree that
Prize My Eyes shall not be
responsible or liable for any loss
or damage of any sort incurred as
the result of any such dealings or
as the result of the presence of
such advertisers on the Service.
15. LINKS
The Service may provide, or third parties
may provide, links to other World Wide
Web sites or resources. Because Prize
My Eyes has no control over such sites
and resources, you acknowledge and agree
that Prize My Eyes 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 Prize My
Eyes 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 site
or resource.
21. NOTICE
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.
24. GENERAL INFORMATION
This TOS shall be governed by and construed
in all respects by the laws of the State
of Louisiana. If
any provision of these Terms is held
to be invalid or unenforceable, such
provision shall be struck to the extent
of such invalidity or unenforceability,
and the remainder thereof, as well as
the remaining provisions of the Terms
shall be fully enforced. You expressly
agree that the exclusive jurisdiction
for any claim or action arising out
of or relating to these TOS or your
use of this Service shall be filed only
in the state or federal courts located
in the State of Louisiana, and you
further agree and submit to the exercise
of personal jurisdiction of such courts
for the purpose of litigating any such
claim or action. The TOS constitute
the entire agreement between you and
Prize My Eyes and govern your use of
the Service, superceding any prior agreements
between you and Prize My Eyes. 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 failure
of Prize My Eyes 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 contract
arising out of or related to use of
this Service provided by Prize My Eyes
or otherwise arising out of or related
to the provisions and conditions of
the TOS, must be filed within one (1)
year after such claim or cause of action
first arose or shall be forever barred.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
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