FMAALUMNI.ORG TERMS AND CONDITIONS
The Terms and Conditions apply to the website located at www.fmaalumni.org, its related mobile website, and its applications (collectively, “Site”). The Site is owned and operated by the Frederick Military Academy Alumni Association (hereinafter “FMAAA”). Please read these Terms and Conditions (“Terms and Conditions”) and the Site Privacy Statement available on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and FMAAA regarding your use of the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.
By using the Site you agree that you have read, understand and accept the following Terms and Conditions and the Privacy Statement, and you affirm that you are either more than 18 years of age, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using the Site, you also agree that you will not use the Site for any purpose that is unlawful or in contravention of these Terms and Conditions. FMAAA and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you, and each such change will be effective upon posting on the Site. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions with such changes. If you do not agree to any of these Terms and Conditions, or the Privacy Statement, please do not use the Site.
United States Jurisdiction
FMAAA provides and administers the Site from the United States of America. FMAAA makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
The Site, including all materials contained on the Site, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. The Site contains text, images, graphics, animation, videos, music, sounds and other materials that are subject to the copyrights and other intellectual property rights of FMAAA, its affiliated partners and its licensors. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized use or copying of the materials. Except as expressly provided herein, FMAAA does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these Terms and Conditions, FMAAA grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to the Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute FMAAA’s claims of ownership or validity of its rights in the materials on the Site.
FMAAA authorizes you to view and download the materials at the Site only for your personal, non-commercial use. FMAAA may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
Information You Provide to the Site
In return for use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Site administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In some cases, information is pre-loaded to the Site. It is your responsibility to notify FMAAA of any changes in your registration information, including but not limited to your contact information.
You agree that all FMAAA member information and other data received or collected by the Site is the property of the FMAAA. You understand that you are responsible for all content you post, upload, transmit, email or otherwise make available on the Site. By uploading, emailing, posting, publishing or otherwise transmitting content to the Site or submitting any content to this Site, you automatically grant FMAAA a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. Without limiting the foregoing, FMAAA shall have the right to remove any content that violates these Terms and Conditions or is otherwise determined by FMAAA, in its sole discretion, as inappropriate or objectionable.
Purchasing Site Services and Products
FMAAA makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Payment Service. FMAAA provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Payment Service experiences a data breach that affects your Personal Financial Information, FMAAA will in no way be responsible or liable to you for any such breach.
FMAAA will not store any record of Personal Financial Information related to purchases of Site Products or other transactions you make through the Site. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Payment Service.
Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you establish or are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify the Site immediately of any unauthorized use of your password(s). You can login in a number of ways. You can use your FMAAA login (username) and password, or you may optionally login with one of your social media accounts and password.
If you use your FMAAA login and have forgotten your password, please click here to reset your password.
If you do not already have a username please click here to create one.
The Site contains e-mail services, class notes, events, calendars, message boards and communities (collectively, “Communities”), personal profile information, photos, and releasable directory information of other alumni (collectively, “Communications Services”). You agree to use Communications Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
A. Use the Communications Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
C. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
D. Publish, post, upload, distribute or disseminate any content that harasses or harms another person.
E. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
F. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
G. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the Site, the operation of another’s computer or property of another.
H. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
I. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
J. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
K. Restrict or inhibit any other Visitor from using and enjoying the Communications Services.
L. Violate any applicable laws or regulations.
M. Create a false identity for the purpose of misleading others.
N. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Visitors to the Communications Services or other Visitor or usage information or any portion thereof.
O. 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.
P. Encourage or facilitate any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict trade, including without limitation pricing, discounts or terms and conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
Q. Violate any code of conduct or other guidelines, which may be applicable for any particular service.;
You acknowledge, consent and agree that FMAAA may access, preserve or disclose information you provide to the Site, including content and your account registration information, including when FMAAA has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of FMAAA, the FMAAA, or their subsidiaries, affiliates, employees, agents and contractors; (ii) protect the safety, privacy, and security of Visitors to the Site or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
FMAAA assumes no responsibility for content, opinions or information posted or submitted by Visitors or other third parties to the Site. FMAAA assumes no responsibility for monitoring the Site for inappropriate content or postings or Visitor conduct and does not assume responsibility for editorial control of Visitor or third-party content or postings. If you become aware of any misuse of the Site, including in violation of any of the foregoing Visitor Conduct restrictions, or any of the Community Rules and Etiquette Guidelines applicable to a Community, please report it immediately to FMAAA, using the Contact Us information below.
This Site offers Visitors the ability to participate in Communities, which may be open to the public generally, to all Visitors, or to a select group of members to a specific Community group. Community members will be able to access the public profiles of fellow community members. By posting on a Community you agree to comply with the rules and restrictions on Visitor Conduct set forth above, the Community Rules and Etiquette Guidelines applicable to a Community, and any other rules specifically applicable to such Community. FMAAA reserves the right, but disclaims any obligation or responsibility, to prevent you from posting content to any Community and to restrict or remove your content from a Community or refuse to include your content in a Community for any reason at any time, in FMAAA’s sole discretion and without notice to you.
You acknowledge that content posted on such Communities are public, and FMAAA cannot guarantee the security of any information you disclose through any Community; you make such disclosures at your own risk. FMAAA is not responsible for the content or accuracy of any information posted on a Community and shall not be responsible for any decisions made based on such information.
Linking, Crawling and Archiving
If you would like to link to the Site, you must comply with the following guidelines:
A. Do not incorporate any content from the Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
B. You may not use any FMAAA trademarks, logos, designs or service marks in your links;
C. You may not create the appearance of a relationship or affiliation with FMAAA; and
D. Your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the Site and you may not circumvent CAPTCHA or other security measures.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APP, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FMAAA’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FMAAA RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The FMAAA name, and all trademarks and logos displayed on the Site are owned or used under license by FMAAA. The unauthorized use of any trademark displayed on the Site is strictly prohibited.
Changes to the Site
FMAAA and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel the Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. FMAAA is not obligated to retain or return your registration information or any content you have posted or submitted to the Site. Your use of this Site after any changes are posted will be considered acceptance of such changes.
For an explanation of FMAAA’s policies and practices regarding information that we may collect from you in connection with your use of the Site, you should review FMAAA’s Privacy Statement the terms of which are incorporated herein. By using the Site, you are agreeing to this Privacy Statement and you will be bound by the terms of such Privacy Statement.
Indemnity and Hold Harmless
By using the Site you agree that you will defend, indemnify and hold harmless FMAAA and its affiliates, its advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. FMAAA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with FMAAA’s defense of such claim.
Limitation on Liability
IN NO EVENT WILL FMAAA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FMAAA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR YOUR USE OF THE SITE DURING THE TERM OF YOUR USE.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF FMAAA’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SITE.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
In your communication, please include:
A. Your physical or electronic signature.
B. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
C. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
F. A statement that the information your notification is accurate and a statement by you, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf.
NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THE SITE. OTHER WEBSITES PROVIDED BY FMAAA OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE OTHER SITES.
THIS SITE AND ALL THE INFORMATION IT CONTAINS IS PROVIDED FOR INFORMATION PURPOSES ONLY ON AN “AS IS” BASIS AND COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FMAAA’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. FMAAA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR ANY SITES LINKED TO THE SITE, INCLUDING ANY IMPLIED WARRANY OF MERCHANTABILITY AND FITNESS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) 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 SITE. FMAAA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FMAAA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FMAAA IS NOT PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from FMAAA’s offices in the United States of America. These Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Virginia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. FMAAA’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Portsmouth, Virginia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
If you have any questions, comments or concerns about these Terms and Conditions or the Site please contact us at:
Frederick Military Academy
PO Box 3402
Portsmouth, VA 23701
Effective Date: Jan 01, 2020