By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy and any other legal notices, terms and policies on this Site (together referred to as "Terms"), all of which are expressly incorporated herein by this reference. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms "you" or "your" shall refer to such entity.
You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means you have registered with us for the Site). The term "User" means a "Visitor" or a "Member." Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you may be required to indicate your acceptance to these Terms during the registration process.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and WestoverConnect with respect to your use of the Site.
Use of the Site and its features and registration to be a Member ("Membership") is void where prohibited. By using the Site and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Site and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
If you register to become a Member, you will be asked to choose a user name (or email address) and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
We may, but are not obligated to, allow you to upload content for display on the Site. If we allow this feature, please choose carefully the information you post on the Site, provide to other Users and/or otherwise make available to us and through the Site. Your content may not include any form of prohibited content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Site in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Site or its features by any person, please click on the "Contact Us" link on the Site pages and follow the directions as to how to contact us.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
WestoverConnect does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Site may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
By displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, "posting"), you hereby grant to WestoverConnect an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site. From time to time, we may remove Content from the Site, permanently or temporarily.
You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site also contains Content provided by WestoverConnect, including, without limitation, text, images and logos ("WestoverConnect"). WestoverConnect is protected by copyright, trademark, patent, trade secret and other laws, and WestoverConnect owns and retains all rights in the WestoverConnect and the features and functionality of the Site. WestoverConnect hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WestoverConnect Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
You agree to not use the Site to:
WestoverConnect may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of WestoverConnect violates these Terms, including our Privacy Policy. We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time WestoverConnect chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.
WestoverConnect respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WestoverConnect Copyright Agent the following information:
WestoverConnect's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn:WestoverConnect is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the WestoverConnect Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of WestoverConnect. Profiles and third party applications created and posted by Members on the Site may contain links to other websites.
WestoverConnect is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by WestoverConnect. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by WestoverConnect. When you access these third party sites, you do so at your own risk. WestoverConnect takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. WestoverConnect is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. WestoverConnect assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WestoverConnect is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall WestoverConnect be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, WestoverConnect shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you. The Site is provided "AS-IS" and as available and WestoverConnect expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WestoverConnect cannot guarantee and does not promise any specific results from use of the Site.
During your use of the Site, you may enter into correspondence or agreements with, purchase goods and/or services from, or participate in promotions of other third parties, including Users. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. WestoverConnect shall not be liable or responsible for any losses or damages caused by such activity, whether or not such activity takes place in connection with the Site.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify and hold Westover School, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
The Terms will be construed, and their performance enforced, under the laws of Connecticut without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in New Haven County for state court causes of action and in the District of Connecticut for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and WestoverConnect regarding the use of Site and its services and features. The failure of WestoverConnect to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
WestoverConnect is to be used for social and professional networking purposes and not for solicitation purposes of any kind. Inappropriate use of this directory may result in loss of membership.
Please note: Information displayed in this secure, password-protected directory is a combination of public contact information as well as professional networking information. Each alumna has the option to edit her profile in order to keep certain information hidden from view and also to update her information.
If you would like to publish information or use content from this site, please send your request to info@alumnae-westoverschool.org.
We collect and store only the following information about you: the date and time you access our site, any changes you make to your profile, and any sessions you book through WestoverConnect. We use the information we collect to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors, and to update our database.
You also may decide to send us personally identifying information, for example, in an electronic mail message containing a question or comment, or by filling out a web form that provides us this information. We use personally identifying information from email primarily to respond to your requests. We may forward your email to other Westover School employees or Pivot Planet employees who are better able to answer your questions. We may also use your email to contact you in the future about our programs that may be of interest.
We will not obtain personally identifying information about you when you visit our site, unless you choose to provide such information to us. Providing such information is strictly voluntary. Except as might be required by law, we do not share any information we receive with any outside parties. You may always opt-out of being part of WestoverConnect at any time; see the "Opt Out" section below. We will not share your name or email address with any outside parties, external to Westover School.
You may remove your profile from WestoverConnect at any time. Contact an Administrator for more information. You may update your profile information at any time.
If you have any questions about this privacy statement, the practices of this site, or your dealings with the Portal, you can contact us at: info@alumnae-westoverschool.org.
Please read the following terms of service (the "Client Terms of Service") carefully, as this sets forth some of the terms and conditions of your contract with WestoverConnect. Please note that these Client Terms of Service, the Terms of Use and the Privacy Policy (each available at www.WestoverConnect.org), as such may be modified or amended by WestoverConnect from time to time (collectively, the "Client Agreement"), all describe the terms of your relationship with WestoverConnect and should be read carefully. As used herein, "you" or "Client" means an individual who accesses or uses the WestoverConnect Program to connect with experienced professionals in a given profession (as defined below).
1. The Client Agreement. The Client Agreement is a contract made by and between Client and WestoverConnect. The Client Agreement will govern Client's access to and use of the online and other services offered by WestoverConnect (the "WestoverConnect Program"), including, but not limited to, one-hour live, video and/or VoIP phone career expertise sessions with advisors (the "advisor Services"), in-person mentorship experiences at an advisor's work premise and any materials provided by WestoverConnect for use in connection with the WestoverConnect Program. As used herein, "advisor" shall mean any individual who uses the WestoverConnect Program to provide advisor Services to Clients. The Client Agreement is the complete and exclusive understanding and agreement between the parties and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Client's access to and use of the WestoverConnect Program. WestoverConnect reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Client Terms of Service at any time such amendment or termination will be effective at the time WestoverConnect posts the revised Terms on www.WestoverConnect.org (the "Site"). Each time you use the Site you should visit and review the then current Client Terms of Service that apply to your transactions and use of this Site. Your continued use of the Site after WestoverConnect has posted revised Client Terms of Service signifies your acceptance of such revised Client Terms of Service. If you are dissatisfied with the Site, its content or any terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site.
2. Client Obligations and Conduct. Client acknowledges the following and agrees to act according to the following rules while using the WestoverConnect Program:
3. Fees and Payment. The use of WestoverConnect services remains free to all registered users as part of our commitment to advancing Westover alumnae and friends. Client and advisor will not make payment or exchange goods or services in return for advice or priority/preferred access to advising opportunities. Violation of this condition may result in immediate termination from WestoverConnect for Client, advisor, or both.
4. Term and Termination. These Client Terms of Service shall be effective as of the date Client accepts the Client Terms of Service by selecting the "I Accept" option presented on the screen after this Agreement is displayed. WestoverConnect may, in its sole discretion, terminate Client's participation in the WestoverConnect Program and refuse any or all current or future use by Client of www.WestoverConnect.org.
5. Anti-Discrimination Policy. WestoverConnect is committed to achieving and maintaining and diverse and representative group of advisors and Clients and a program free of discrimination. Based on law and WestoverConnect's policy, WestoverConnect prohibits discrimination on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of an individual as an advisor or Client. WestoverConnect does not tolerate any type of harassment.
6. Assignment. Client shall not assign his or her rights and obligations under the Client Agreement, in whole or in part, whether voluntarily or by operation of law. Any purported assignment by Client will be null and void and of no force or effect.
7. Disclaimers, No Warranty. CLIENT'S USE OF THE WESTOVERCONNECT PROGRAM AND MATERIALS IS AT CLIENT'S OWN RISK. WESTOVERCONNECT PROVIDES THE WESTOVERCONNECT PROGRAM AND MATERIALS "AS IS," "WITH ALL FAULTS", AND "AS AVAILABLE," AND WESTOVERCONNECT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, OR INTERRUPTION IN OR IMPROPER USE BY CLIENT, ITS EMPLOYEES OR ITS AGENTS OF THE WESTOVERCONNECT PROGRAM AND MATERIALS. TO THE FULLEXT EXTENT OF THE LAW, WESTOVERCONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OR ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WESTOVERCONNECT DOES NOT MAKE ANY GUARANTEES OR ANY REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THE WESTOVERCONNECT PROGRAM OR THE APPROPRIATENESS, FITNESS, OR SUITABILITY OF ANY ACTIVITIES TO WHICH THE WESTOVERCONNECT PROGRAM RELATES.
WESTOVERCONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION OR ADVICE PROVIDED BY AN ADVISOR. CLIENT MUST EXERCISE CARE IN DECIDING WHETHER TO RELY ON ANY INFORMATION PROVIDED BY AN ADVISOR THROUGH THE WESTOVERCONNECT PROGRAM OR WWW.WESTOVERCONNECT.ORG. CLIENT SHALL NOT HAVE ANY CLAIM AGAINST WESTOVERCONNECT OR ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS OR CONTRACTORS WITH RESPECT TO ANY ADVICE PROVIDED BY AN ADVISOR THAT CLIENT CHOOSES TO RELY UPON.
8. Limitation on Liability. WESTOVERCONNECT IS NOT LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COMPENSATORY, SPECIAL, OR OTHER INTANGIBLE LOSSES CONNECTED WITH OR RESULTING FROM THE CLIENT AGREEMENT OR CLIENT'S (OR ITS EMPLOYEES OR AGENTS) USE OR MISUSE OF THE WESTOVERCONNECT PROGRAM. UNDER NO CIRCUMSTANCE WILL WESTOVERCONNECT'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO CLIENT'S (OR ITS EMPLOYEES OR AGENTS) USE OR MISUSE OF THE WESTOVERCONNECT PROGRAM, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $500. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN ADVISOR AND WESTOVERCONNECT SHALL NOT BE LIABLE FOR ENFORCING ANY SUCH AGREEMENT. CLIENT HEREBY RELEASES WESTOVERCONNECT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MANAGERS, MEMBERS, AGENTS AND CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH CLIENT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE IN CONNECTION WITH ANY DISPUTE REGARDING ANY TRANSACTION CLIENT CONDUCTED THROUGH THE WESTOVERCONNECT PROGRAM.
9. Indemnification. Client hereby agrees to indemnify, defend and hold harmless WestoverConnect and its directors, shareholders, employees, officers, representatives, agents and affiliates against all third party claims or demands, and damages, costs, penalties, fines, and expenses (including reasonable attorneys' fees and costs) sustained by WestoverConnect, arising out of or related to any materials Client posted to or through www.WestoverConnect.org, or as otherwise provided by Client.
10. Governing Law and Venue. The Client Agreement will be governed by the laws of the State of Connecticut, USA, excluding its conflict of laws principles. The parties hereby irrevocably consent to jurisdiction and venue in the state and federal courts sitting in New Haven County, Connecticut, USA and agree that the courts of New Haven County shall be the proper forum for any action brought under the Client Agreement.
11. Waiver and Severability; Survival. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Sections 6-10 shall survive the termination of the Client Agreement.
Please read the following terms of service (the "advisor Terms of Service") carefully, as it sets forth some of the terms and conditions of your contract with WestoverConnect. Please note that these advisor Terms of Service, the Terms of Use and the Privacy Policy (each available at www.WestoverConnect.com), as such may be modified or amended by WestoverConnect from time to time, and the confirmation page that includes the details of your engagement as an advisor (the "Confirmation") (collectively, the "advisor Agreement"), all describe the terms of your relationship with WestoverConnect and should be read carefully.
By accessing the WestoverConnect Program or offering the advisor Services (as each is defined below), you hereby agree that you have the requisite authority, power and right to fully bind the person and/or entity wishing to use the advisor Services ("you" or the "advisor") and you also agree to the terms of the advisor Agreement. If you do not agree to these terms, you should not use the advisor Services and should discontinue the registration process.
1. The advisor Agreement. The advisor Agreement is a contract made by and between advisor and WestoverConnect. The advisor Agreement will govern advisor's access to and use of the online and other services offered by WestoverConnect (the "WestoverConnect Program"), advisor's mentorship and advisory activities through the WestoverConnect Program, including, but not limited to, one-hour live, video and/or VoIP phone career expertise sessions with Clients (the "advisor Services"), in-person mentorship experiences at the advisor's work premise and any materials provided by WestoverConnect for use in connection with the WestoverConnect Program. As used herein, "Client" shall mean any individual who uses the WestoverConnect Program to connect with experienced professionals about a given profession. The advisor Agreement is the complete and exclusive understanding and agreement between the parties and supersedes any oral or written proposal, agreement or other communication between the parties, regarding advisor's access to and use of the WestoverConnect Program and provision of the advisor Services. WestoverConnect reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the advisor Terms of Service at any time and such amendment or termination will be effective at the time WestoverConnect posts the revised advisor Terms of Service on www.WestoverConnect.org (the "Site"). Each time you use the Site you should visit and review the then current Client Terms of Service that apply to your transactions and use of this Site. Your continued use of the Site after WestoverConnect has posted revised Client Terms of Service signifies your acceptance of such revised Client Terms of Service. If you are dissatisfied with the Site, its content or any terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site.
WestoverConnect is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the WestoverConnect Content, advisor Content or other Content posted on or through the Site, whether caused by us, by advisors, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The advisor must own or have permission in writing to use any and all photography, videography or any text that has a copyright. The advisor Content does not necessarily reflect the opinions or policies of WestoverConnect. Profiles and third party applications created and posted by advisors on the Site may contain links to other websites. WestoverConnect is not responsible for the content, photography, videography, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by WestoverConnect. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by WestoverConnect. When you access these third party sites, you do so at your own risk. WestoverConnect takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. WestoverConnect is not responsible for the conduct, whether online or offline, of any advisor of the Site including, without limitation, any Content posted by any advisor. WestoverConnect assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any advisor or Member communication. WestoverConnect is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to advisors or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall WestoverConnect be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any advisor Content posted on or through the Site or from the conduct of any advisors, whether online or offline. Additionally, WestoverConnect shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
2. advisor Services. In connection with advisor's use of the WestoverConnect Program, advisor agrees to the details set forth in the Confirmation, including, but not limited to, fees and other costs, and materials to be provided by WestoverConnect, if applicable. advisor will complete the information requested on the Confirmation and WestoverConnect will use such information to create a profile for advisor on the Site (the "advisor Profile"). advisor hereby agrees to:
3. Fees and Payment. The use of WestoverConnect services remains free to all registered users as part of our commitment to advancing Westover alumnae and friends. Client and advisor will not make payment or exchange goods or services in return for advice or priority/preferred access to advising opportunities. Violation of this condition may result in immediate termination from WestoverConnect for Client, advisor, or both.
4. Term and Termination. These advisor Terms of Service shall be effective as of the date advisor accepts the advisor Terms of Service by selecting the "I Accept" option presented on the screen after these advisor Terms of Service are displayed. Either party may terminate the advisor Services and the advisor Agreement upon at least thirty (30) days' prior written notice after any previously confirmed and booked Client Consultation. Upon termination of the advisor Services, WestoverConnect and advisor shall remove one another from all marketing communications and cease any references to one another.
WestoverConnect may terminate the advisor Agreement, effective immediately, if (i) advisor has materially breached any provision of the advisor Agreement, (ii) advisor repeatedly turns down requests from Clients, or (iii) WestoverConnect determines in its sole discretion, after a background check or identification check, that advisor is no longer suitable for the WestoverConnect Program.
5. Independent Contractors. WestoverConnect and advisor are independent contractors. Neither has any authority to make contracts on behalf of the other. Nothing contained herein shall be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment or other similar relationship between WestoverConnect and advisor. Neither WestoverConnect nor advisor shall reference, nor use, its mutual logos or other representations for any purpose(s) not directly related to the advisor Agreement.
6. Confidential Information. advisor shall not, without prior written authorization of WestoverConnect, disclose to anyone outside WestoverConnect or use in other than the WestoverConnect Program any information, documentation or materials provided by WestoverConnect. Such materials shall be considered confidential and proprietary, including without limitation, these advisor Terms of Service and any other information, documentation and materials not generally disclosed by WestoverConnect outside the WestoverConnect Program. advisor shall use information received from WestoverConnect only to exercise rights and perform obligations under the advisor Agreement.
7. Publicity. From time to time WestoverConnect may produce advertising material for publication detailing the WestoverConnect Program and particular advisors. This material may include a particular advisor's full name, location, image(s) and job title/business name in conjunction with WestoverConnect marketing materials, including www.WestoverConnect.org. advisor hereby permits the use of such information as is reasonably necessary for these purposes and consents to the publication of relevant text and images in WestoverConnect's materials and publicity.
8. Background Checks. advisor hereby authorizes and acknowledges WestoverConnect may from time to time perform identification and background checks to determine suitability for participation in the WestoverConnect Program. advisor agrees to furnish any authorizations necessary to perform such identification and background checks. WestoverConnect retains absolute and final discretion for the duration of these advisor Terms of Service in determining the suitability of participants in the WestoverConnect Program.
9. Anti-Discrimination Policy. WestoverConnect is committed to achieving and maintaining and diverse and representative group of advisors and Clients and a program free of discrimination. Based on law and WestoverConnect's policy, WestoverConnect prohibits discrimination on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of an individual as an advisor or Client. WestoverConnect does not tolerate any type of harassment.
10. Notice. Any notice, consent, approval and other communication ("Notice") provided to WestoverConnect by advisor under the advisor Agreement must be delivered in writing by e-mail to info@alumnae-westoverschool.org. WestoverConnect may provide Notice to advisor under the advisor Agreement by (a) posting of a general notice on www.WestoverConnect.org (the "Site"), (b) electronic mail to advisor's e-mail address on record with WestoverConnect, or (c) certified or registered mail (postage prepaid and return receipt requested) to advisor's address on record. Unless otherwise stated in these advisor Terms of Service, any Notice sent under this Section 11 will be effective upon (x) receipt, (y) the expiration of forty-eight (48) hours after posting to the Site or (z) twelve (12) hours after sending (if sent by email), whichever occurs earliest.
11. Assignment. Neither the advisor Agreement nor any of the rights, interests, or obligations under the advisor Agreement shall be assigned by either party without the prior written consent of the other party; provided, however, that WestoverConnect may assign its rights and obligations under the advisor Agreement without advisor's consent in connection with any merger, consolidation, sale of all or substantially all of WestoverConnect's assets or stock, or any other similar transaction. Any attempted assignment or transfer in violation of the foregoing will be null and void.
12. Disclaimers, No Warranty. ADVISOR'S USE OF THE WESTOVERCONNECT PROGRAM AND MATERIALS IS AT ADVISOR'S OWN RISK. WESTOVERCONNECT PROVIDES THE WESTOVERCONNECT PROGRAM AND MATERIALS "AS IS," "WITH ALL FAULTS", AND "AS AVAILABLE," AND WESTOVERCONNECT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, OR INTERRUPTION IN OR IMPROPER USE BY ADVISOR, ITS EMPLOYEES OR ITS AGENTS OF THE WESTOVERCONNECT PROGRAM AND MATERIALS. IF ADVISOR DECIDES TO PROVIDE ADVISOR SERVICES THROUGH THE USE OF THE WESTOVERCONNECT PROGRAM, ADVISOR MUST EXERCISE REASONABLE CARE, AT LEAST THE SAME AS ADVISOR WOULD IN A SIMILAR TRANSACTION WHETHER OR NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. ADVISOR SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST WESTOVERCONNECT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS AND CONTRACTORS IN RESPECT OF ANY SERVICES ADVISOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF THE WESTOVERCONNECT PROGRAM. WESTOVERCONNECT DOES NOT MAKE ANY GUARANTEES OR ANY REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THE WESTOVERCONNECT PROGRAM OR THE APPROPRIATENESS, FITNESS, OR SUITABILITY OF ANY ACTIVITIES TO WHICH THE WESTOVERCONNECT PROGRAM RELATES.
13. Limitation on Liability. WESTOVERCONNECT IS NOT LIABLE TO ADVISOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COMPENSATORY, SPECIAL, OR OTHER INTANGIBLE LOSSES CONNECTED WITH OR RESULTING FROM THE ADVISOR AGREEMENT OR ADVISOR'S (OR ITS EMPLOYEES OR AGENTS) USE OR MISUSE OF THE WESTOVERCONNECT PROGRAM. UNDER NO CIRCUMSTANCE WILL WESTOVERCONNECT'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO ADVISOR'S (OR ITS EMPLOYEES OR AGENTS) USE OR MISUSE OF THE WESTOVERCONNECT PROGRAM, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $500. ADVISOR ACKNOWLEDGES AND AGREES THAT WESTOVERCONNECT DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A CLIENT IN CONNECTION WITH THE PROVISION OF ANY ADVISOR SERVICES BY ADVISOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY ADVISOR AS TO ADVISOR'S EXPERIENCE, QUALIFICATIONS AND ADVICE PROVIDED BY ADVISOR) THROUGH THE WESTOVERCONNECT PROGRAM AND ADVISOR AGREES TO INDEMNIFY AND HOLD WESTOVERCONNECT HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. ADVISOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CLIENT AND WESTOVERCONNECT SHALL NOT BE LIABILITY FOR ENFORCING ANY SUCH AGREEMENT. ADVISOR FURTHER ACKNOWLEDGES THAT ADVISOR WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY CLIENT TO WHOM ADVISOR PROVIDES SERVICES AND WHERE THAT CLIENT SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. ADVISOR HEREBY RELEASES WESTOVERCONNECT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS AND CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, WHICH ADVISOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE IN CONNECTION WITH A DISPUTE REGARDING ANY TRANSACTION ADVISOR CONDUCTED THROUGH THE WESTOVERCONNECT PROGRAM.
14. Indemnification by advisor. advisor hereby agrees to indemnify, defend, and hold harmless WestoverConnect and its directors, officers, representatives, and agents against all third-party claims or demands, and damages, costs, penalties, fines, and expenses (including reasonable attorneys' fees and costs) sustained by WestoverConnect, arising out of or related to (i) the advisor Profile or other materials provided by advisor, or (ii) the advisor Services provided by advisor.
15. Return of Materials. At any time upon WestoverConnect's request and upon the termination of the advisor Agreement, advisor will return to WestoverConnect all materials and documents provided by WestoverConnect to advisor during the term of and in connection with the advisor Agreement.
16. No Third-Party Beneficiaries. Nothing in these advisor Terms of Service, express or implied, is intended or shall be construed to confer on any person, other than the parties to these advisor Terms of Service, any right, remedy, or claim under or with respect to these advisor Terms of Service.
17. Further Assurances. Each party agrees (a) to execute and deliver such other documents and (b) to do and perform such other acts and things, as any other party may reasonably request (including, without limitation, a background check of advisor), in order to carry out the intent and accomplish the purposes of these advisor Terms of Service.
18. Governing Law and Venue. The advisor Agreement will be governed by the laws of the State of Connecticut, USA, excluding its conflict of laws principles. The parties hereby irrevocably consent to jurisdiction and venue in the state and federal courts sitting in New Haven County, Connecticut, USA and agree that the courts of New Haven County shall be the proper forum for any arbitration brought under the advisor Agreement. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys' fees and expenses from the other party.
19. Waiver and Severability; Survival. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Sections 12-20 shall survive the termination of the advisor Agreement.