Trinity Western University

1. TERMS OF USE

Trinity Western University and Trinity Western University Alumni Association (collectively, for the purpose of this Terms of Use, "TWU") makes available to you this website located at http://www.twu.ca/50 (the "Website") subject to your acceptance of and compliance with this Terms of Use policy (the "Policy"). By accessing, browsing, and/or using the Website you are acknowledging that you have read and understood this Policy and that you agree to be bound by its terms and conditions. If you cannot or do not agree with this Policy then do not access or use the Website. TWU reserves the right, in its sole discretion, to update, revise, supplement, and modify this Policy as well as to impose new or additional terms and conditions to this Policy at any time without prior notice. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Policy as modified. It is your responsibility to review regularly this Policy.

2. CONDITIONS OF USE

Except as may be expressly authorized by TWU, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing TWU hereby grants to you a license to view, download, and retain copies of this Website and materials published by TWU on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between TWU and you or any entity related to you, unless you have received prior consent from TWU. Except to the extent permitted by copyright law no copying or use of the material from this site is permitted except in accordance with this policy or the express permission of TWU. TWU reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. TWU or any of its respective employees, agents, officers, directors or third party service providers (collectively, "TWU and TWU Service Providers") shall not be liable to you or any third party should TWU exercise this right. You represent and warrant that any information or materials you provide to TWU or post on its Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any alumni update, to gain access to, or for use of any service offered on the Website. In addition you agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) using the site for illegal or fraudulent purposes; c) using the site for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, torturous, sexually explicit, obscene, hateful, or racist; d) transmitting material that contain computer programs including but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the Website or computer. TWU reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials TWU deems to be in violation of this policy. Furthermore, TWU reserves the right to cancel your membership and delete any page without notice.

3. MONITORING INFORMATION

TWU makes reasonable efforts to ensure that the information provided through the Website is current and accurate. TWU makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

4. OWNERSHIP OF INTELLECTUAL PROPERTY

TWU owns or is the licensee of all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of TWU or any third party. If you provide material or post content onto the Website you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto the Website you hereby grant to TWU a nonexclusive, royalty free, perpetual, and irrevocable license which allows TWU the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on the Website and therefore have the authority to grant such a license. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any trade-marks or trade-names of TWU. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of TWU or of third parties is strictly prohibited.

5. LINKS AND PARTNER SERVICES

Certain links on this Website lead to other websites ("Linked Sites"). Independent parties over whom TWU has no control maintain the Linked Sites. Use of any linked site is entirely at your own risk. TWU makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. TWU therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by TWU of the linked site or any goods, services or information provided through such Linked Sites.

TWU may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

6. COMPLIANCE WITH LAWS

In addition to complying with this Policy, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.

7. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TWU DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TWU DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. TWU DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. TWU AND TWU SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE. Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TWU, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF TWU, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF TWU, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TWU AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF TWU POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

8. JURISDICTION

The laws of the Province of British Columbia and any applicable federal laws of Canada and the United States shall govern your use of the Website. The courts of the Province of British Columbia shall have exclusive jurisdiction over any dispute arising out of your use of this Website.

9. GENERAL

This Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by TWU from time to time without prior notice) constitute the entire agreement between TWU and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by TWU. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. SEVERABILITY

If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.