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Web Use Terms and Conditions

Introduction

The mission of the University of Hawaiʻi Foundation is to unite donors' passions with the University of Hawaiʻi's aspirations by raising philanthropic support and managing private investments to benefit UH, the people of Hawaiʻi and our future generations.

The UH Foundation was formed in 1955 to encourage private support for the University of Hawaiʻi. Today, it is the central fundraising agency for the University of Hawaiʻi System and provides a host of fundraising services to all 10 UH campuses along with management of more than 5,000 accounts. Furthermore, the Foundation is contracted by the university’s Board of Regents to provide/supply the Office of Alumni Relations, which works in partnership with the University of Hawaiʻi Alumni Association.

The UH Foundation is a private, non-profit corporation designated as a 501(c) (3) organization by the Internal Revenue Service. It is a legally separate entity from the University of Hawaiʻi, the University of Hawaiʻi Alumni Association, and all other University of Hawaiʻi affiliates. However, the Foundation does work closely with these organizations as well as with others in the community exclusively for the benefit of the university.

The Foundation has a duty to protect the confidentiality of private, non-public donor information. Respect for a donor's right to privacy is a basic standard of integrity for all Foundation activities.

This Web Use Terms and Conditions Agreement (the "Agreement") is between you ("you" or "user") and the University of Hawaiʻi Foundation (the "Foundation", "we" or "us") regarding your use of the Foundation website(s). By using any of the Foundation website(s) you agree to abide by the terms and conditions of use set forth herein. You acknowledge that you have read this Agreement and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY OF THE FOUNDATION WEBSITE(S). If you do not agree to these terms and conditions of use, you may not access or otherwise use any of the Foundation website(s). The Foundation reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Accordingly, you should check this Agreement often for changes to any terms. A "last modified" or "effective" date will be posted at the end of this Agreement when it is changed to assist you with assessing whether you need to refamiliarize yourself with these terms.

Contact the Foundation

If you have questions about this Agreement, the Foundation’s "Privacy Policy" or other questions regarding the Foundation website(s), contact the University of Hawaiʻi Foundation.
For Alumni Questions: 1-877-UH-ALUMS (1-877-842-5867), or email info@uhalumni.org.

For Donor Questions: 1-866-UH-OHANA (1-866-846-4262) or email info@uhfoundation.org.

Foundation Domains

The following domain names are administered by the Foundation and constitute what is hereafter referred to as "the Foundation website(s)" or "its site(s):"

Legal Notices of Terms and Conditions

Rules for Public Forums

  • Class notes, chapter Web pages, bulletin boards, chat rooms and other such interactive areas of the Foundation website(s) are provided to give users interesting and stimulating forums to express their opinions and share ideas and information.
  • The Foundation cannot and does not monitor all of the material posted or transmitted by users and third-party information providers.
  • To protect your safety, please use your best judgment when using these forums.
  • If you make such disclosures either through postings on the bulletin boards, chat rooms and other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you.
  • The Foundation reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Online Surveys

In the course of using the Foundation website(s), a user may choose to provide information to help the Foundation serve that user's needs or conduct research. As a user of such surveys, you agree that aggregate data from surveys may be shared with external third parties.

Posting Rules

  • Interactive areas, class notes, chapter Web pages, discussion boards, chat rooms, etc., are intended to encourage alumni interaction.
  • The Foundation expects people to differ -- judgment and opinion are subjective things -- and we encourage freedom of speech and a marketplace of ideas.
  • But by using these areas of the Foundation website(s), you are participating in a community that is intended for all our users. Therefore, the Foundation reserves the right to remove any content posted on our site at any time for any reason.
  • Decisions as to whether content violates any Posting Rule will be made by the Foundation in its discretion after viewing the actual notice of such posting. Without limiting our right to remove content, The Foundation has attempted to provide guidelines to those posting content on our site. When using the Foundation website(s), do not post material that:
    1. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
    2. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
    3. violates any right of the Foundation, the University of Hawaiʻi or any third party.
    4. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
    5. violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
    6. unfairly interferes with any third party's uninterrupted use of the Foundation website(s).
    7. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
    8. uploads copyrighted or other proprietary material of any kind on the Foundation website(s) without the express permission of the owner of that material.
    9. uses or attempts to use another's account, password, service or system except as expressly permitted by this Agreement.
    10. uploads or transmits viruses or other harmful, disruptive or destructive files.
    11. disrupts, interferes with, or otherwise harms or violates the security of Foundation website(s), or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Foundation website(s) or affiliated or linked sites.
    12. "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
    13. brings the good name of the University of Hawaiʻi or the Foundation into disrepute.
    14. The Foundation does not and can not review all materials posted to the sites by users, and the Foundation is not responsible for any such materials posted by users. However, the Foundation reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government required, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Foundation’s sole discretion are objectionable or in violation of this Agreement.
  • WARNING: a violation of the Posting Rules may be referred to law enforcement authorities.

Rules for Individuals under 13 Years of Age

  • The Foundation is committed to complying fully with the Children's Online Privacy Protection Act. Accordingly, if a user of the Foundation’s website(s) is under the age of 13, such user is not authorized to provide the Foundation with personally identifying information, and the Foundation will not use any such information in its database or other data collection activities.
  • The Foundation appreciates cooperation with this federally mandated requirement.
  • Users under the age of 13 and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by email will be treated the same as information given by an adult until the Foundation becomes aware that the user is under the age of 13, and such information may be subject to public access.
  • The Foundation does not knowingly collect online contact information from children under 13 years of age without prior parental consent or parental notification.
  • The Foundation will only provide personal information collected about children if required by law, for example, to comply with a court order or a subpoena, or to protect the integrity, safety and security of our websites.

Linking Disclaimer

As a viewer or user of the Foundation website(s), you expressly understand and agree that:

  • On its site, the Foundation frequently presents links to third-party websites over which the Foundation has no control. These links are provided as a convenience and courtesy to the users of our site.
  • The Foundation cannot be held responsible for the policies, practices, content or lack thereof associated with the linked third-party sites, nor does presentation of the links constitute any implied endorsement unless explicitly stated.
  • In order to provide specific programs, events or support, the Foundation occasionally may partner with vendors, other organizations and university entities, or with specific entities with which the Foundation has a more direct relationship. As part of these collaborative efforts, the Foundation may or may not have involvement with the Web content located at domains other than those listed as being administered by the Foundation.
  • Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

Disclaimer of Warranties

As a viewer or user of the Foundation website(s), you expressly understand and agree that:

  • Your use of the Foundation website(s) and related sites (the sites) is at your sole risk. These sites are provided on an "as is" and "as available" basis. The Foundation expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Foundation makes no warranty that
    1. the sites will meet your requirements;
    2. services will be uninterrupted, timely, secure, or error-free;
    3. the results that may be obtained from the use of these sites will be accurate or reliable;
    4. the quality of any products, services, information, or other material purchased or obtained by you through these sites will meet your expectations; and
    5. any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk and 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.
  • No advice or information, whether oral or written, obtained by you from the Foundation or through or from the sites shall create any warranty.

Limitation of Liability

  • You expressly understand and agree that the Foundation shall not be liable for any direct, indirect, 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 the Foundation has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the sites;
    2. 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 sites;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the sites; or
    5. any other matter relating to the sites.

Editorial Policy

As a viewer or user of the Foundation website(s), you expressly understand and agree that the Foundation reserves the right to edit or reject for any reason all information submitted for publication in the Foundation website(s).

Copyright and Trademark

The content, organization, graphics, design, compilation, digital conversion and other matters related to the sites are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the sites, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the sites. The posting of information or materials on the sites does not constitute a waiver of any right in such information and materials. Trademarks or registered trademarks of the Foundation, the university, the UH Alumni Association and other product and company names mentioned on the sites that may be trademarks of their respective owners are protected under law.

Governing Law

This Agreement shall be treated as though it were executed and performed in Honolulu, Hawaiʻi and shall be governed by and construed in accordance with the laws of the State of Hawaiʻi (without regard to conflict of law principles). In the event that any legal proceedings are commenced in any court with respect to any matter arising under this Agreement, the parties hereto specifically consent and agree that the courts of the State of Hawaiʻi and/or the United States District Court for the District of Hawaiʻi shall have exclusive jurisdiction over each of the parties hereto and over the subject matter of any such proceedings; and the venue of any such action shall be in Honolulu, Hawaiʻi; provided, however, that the Foundation may bring an action to enforce this Agreement in any other jurisdiction.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Last Modified: March 31, 2011

For Our University, Our Hawai‘i, Our Future