Please carefully read the following Terms and Conditions of Use. By using the WhartonConnect
web site, you are indicating your acceptance of the Terms as binding upon you:
GENERAL
The Terms govern your use of WhartonConnect (the “Site”), a comprehensive online alumni
community designed to facilitate communication among the alumni of The Wharton School of
the University of Pennsylvania (“Wharton”) for personal and/or Wharton-related purposes.
Additional terms and conditions of use applicable to specific areas of the Site may also be posted
in such areas and, together with the Terms, govern your use of those areas. The Terms, together
with any such additional terms and conditions, are referred to as the “Terms.”
MODIFICATION OF TERMS
Wharton reserves the right, in its sole discretion, to change, modify, add, or remove portions of
the Terms at any time, effective immediately upon notice published on the Site. Wharton
suggests that you check the Terms periodically for changes. Your continued use of the Site
constitutes your acceptance of the Terms, including any changes or modifications made by
Wharton as discussed above. If at any time the Terms are no longer acceptable to you or you
cannot or will not fully comply with the Terms, you should immediately cease all use of the Site.
REGISTRATION OBLIGATIONS
To access and use certain areas of the Site, you first have to register via the online registration
form (the “Registration Form”). When submitting your information via the Registration Form,
you agree to:
(a) provide true, accurate, and current information about yourself as prompted by the
Registration Form (collectively, the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, and current.
If you provide any information that is untrue, inaccurate, or not current, or Wharton has
reasonable grounds to suspect that such information is untrue, inaccurate, or not current,
Wharton has the right to suspend or terminate your account and stop your current or future use of
the Site. Our collection and use of the Registration Data is governed by the Privacy Policies.
PRIVACY POLICY
Your use of the Site constitutes your agreement to be bound by and comply with the
requirements, terms and conditions of the posted privacy policies, as amended from time to time
(the “Privacy Policies”). By using this Site, you consent to the processing of your personal data in the United States and elsewhere outside of the European Union in accordance with these Terms and the Privacy Policies. In addition to reviewing the Terms, please carefully read the Privacy
Policies, which are incorporated into and made a part of the Terms by reference.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site’s registration
process. You are responsible for maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Wharton of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the end of each
session. You are responsible for logging out if your computer is accessible to others in order to
prevent unauthorized access. Wharton cannot and will not be liable for any loss or damage
arising from your failure to comply with the requirements of this section.
USE OF CONTENT
You acknowledge that the Site contains information, software, photographs, audio, video,
graphics, links and other material (collectively, the “Content”) that are the property of Wharton
or third parties. U.S. and international copyright, trademark or other intellectual property laws
protect all Content. All rights in Content are reserved by their respective owners. You agree to
comply with any additional copyright notices, information, or restrictions contained in any
Content available on or accessed through the Site. Users of the Site may use the Content only for
their personal, non-commercial use.
You shall not store electronically any significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution, publication, display or
performance of any Content is permitted without the prior written consent of Wharton or the
owners of such Content or their authorized representatives, if other than Wharton.
You may not copy or use the personally identifiable information of any alumni you locate in the
Alumni Directory or elsewhere on the Site for any purpose which Wharton determines, in its sole
discretion, is not permissible and is not consistent with the intended Site purposes. For example,
you may not use the alumni names, addresses or email addresses for any unsolicited mass
mailings, unsolicited commercial communications, harassing or abusive or habitual, undesired
communication, or the promotion of a business, product or service.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except
as expressly permitted in the Terms. Content consisting of downloadable software may not be
reverse engineered unless specifically authorized by the owner of the software’s patent and/or
copyright.
Notwithstanding the foregoing to the contrary:
(a) Wharton hosts the areas of the Site dedicated to the creation of alumni profiles, the Alumni
Directory, Class Notes, MBA Career Management tools, class reunion registration and certain
other features and functions. Wharton’s name, trademarks, graphics, logos, designs, page
headers, button icons, scripts and service names are marks or trade dress of Wharton in the U.S.
and/or other countries. You may not copy, imitate, or use, in whole or in part, Wharton’s marks
and trade dress except as contemplated by the Terms (including the Privacy Policies) or with the
prior written permission of Wharton.
(b) 3DNA Corp., doing business as NationBuilder (“NationBuilder”) is the company that hosts the area of the Site dedicated to the Wharton
Clubs and provides certain related services. NationBuilder’s graphics, logos,
designs, page headers, button icons, scripts and service names are marks or trade dress of
NationBuilder in the U.S. and/or other countries. You may not copy, imitate, or use, in whole or
in part, NationBuilder’s marks and trade dress except as contemplated by the Terms or with the
prior written permission ofNationBuilder.
MANAGING CONTENT
So long as you comply with the Rules Regarding Content (below) and all other restrictions
contained in the Terms, you may post on the Site any Content owned by you (such as your
original statements), Content for which you have received express permission from the owner,
and Content in the public domain. You assume all risk and responsibility for determining
whether any Content is in the public domain. You grant to Wharton and NationBuilder an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, edit, copy, publish,
display, distribute, translate and otherwise use in any medium any Content that you place on the
Site without compensation to you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
Wharton does not and cannot review all Content posted on the Site by each person or entity
using the Site (each, a “User,” and collectively, the “Users”) and is not responsible for such
Content. However, Wharton reserves the right to delete, move or edit any Content that it may
determine, in its sole discretion, violates the Terms or is otherwise unacceptable.
You are and shall remain solely responsible for all Content you post on the Site. You can be held
legally liable for all Content you post on the Site. Without limiting the foregoing, you may be
held legally accountable if any Content you post on the Site includes, for example, material
protected by copyright, trademark, patent or trade secret law without the permission of the author
or owner, or defamatory comments. Wharton is not responsible for any loss of data resulting
from network or system outages, file corruption or any other reasons.
RULES REGARDING CONTENT
The following is a partial list of Content that may not be posted on or linked to or from the Site (the
“Prohibited Content”), including without limitation, Content that:
(a) is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(b) harasses or advocates harassment of another person;
(c) distributes hate promoting materials;
(d) exploits people in a sexual or violent manner;
(e) results in the sale of illegal goods or services;
(f) violates import/export laws;
(g) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(h) defames or invades the privacy of any person;
(i) solicits personal information from anyone under the age of 18;
(j) provides any telephone numbers, street addresses, last names, URLs or email addresses of
anyone without their prior consent;
(k) promotes false or misleading information or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
(l) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing information to circumvent
manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music
files;
(m) attempts to gain unauthorized access to the Site or any servers controlled by Wharton or by
NationBuilder;
(n) furthers or promotes any criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or buying illegal weapons, violating
someone’s privacy, or providing or creating computer viruses;
(o) solicits passwords or personal identifying information for commercial or unlawful purposes
from Users;
(p) includes a photograph of another person that Users have posted without that person’s consent;
(q) uses sexually suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic;
(r) promotes criminal or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, sending
of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade
secrets;
(s) interferes with, disrupts or creates an undue burden on the Site or the Wharton or
NationBuilder networks;
(t) attempts to impersonate another User or person; and
(u) uses the account, username, or password of another User at any time or discloses any User’s
password to any third party or permits any third party to access the Site or use the services in any
other manner that is inconsistent with any and all applicable laws and regulations.
RULES REGARDING CERTAIN ACTIVITIES ON THE SITE
The activities set forth below (collectively, the “Prohibited Activities”) are prohibited on the
Site:
(a) Any illegal activities, or attempted illegal activities, occurring on or through the Site
(including, but not limited to, illicit use or attempted illicit use of any unauthorized device or
software, production of falsified headers on any message, harassing or damaging behaviors,
violation of any applicable laws or regulations, theft of services, defeating or attempting to defeat
any security measures placed upon the Site or Wharton or NationBuilder’s network infrastructure
or on any other connected systems, damaging or attempting to damage, hinder or prevent from
proper functioning any system of Wharton orNationBuilder, the Site, or any connected system or
service, possession or storage of any software, source code, or program which has the capability
of doing any of the foregoing actions, impersonation of another User or entity on or off the
system, forgery of header, IP address information, or log-in information).
(b) Any use of the Site by Users to send mass unsolicited e-mail, phone calls or regular mail or
news postings is prohibited. Sending or posting of identical, substantially similar or random
messages to one person or to a large number of groups in a short period of time is prohibited.
Use of the Site as the return address for any unsolicited mass posting, mailing, or similar activity
is prohibited.
(c) Direct or indirect: (i) modification, adaptation, translation, reverse engineering, decompiling,
disassembling, back-developing or otherwise attempting to discover the source code of the Site;
(ii) displaying, directly or indirectly, any portion of the Site that is password protected (e.g.,
member only areas and administrative areas); or (iii) altering the Site to enable an alternate or
unintended use.
(d) Submissions of any kind submitted, posted or shared by you or other Users through the Site
that violate or infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or
otherwise unlawful material.
ENDORSEMENT
Wharton does not represent or endorse the accuracy or reliability of any Content posted on the
Site and you acknowledge that any reliance upon such Content shall be at your sole risk. Any
Content placed online by Users are the views of the User posting the statement, and do not
represent to views of Wharton.
The Site may contain links to sites on the Internet that are owned and operated by third parties
(the “External Sites”). You acknowledge that Wharton is not responsible for the availability of,
or the content located on or through, any External Site. You should contact the site administrator
or webmaster for any such External Site if you have any concerns regarding such links.
INDEMNITY
You agree to indemnify and hold harmless Wharton and its employees, faculty, officers, trustees,
agents, information providers and licensors, to the fullest extent allowed by applicable law, from
and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including
attorneys’ fees), promptly as incurred, directly or indirectly based upon, or arising out of or in
connection with (a) your violation of the Terms, (b) your posting of Content on the Site that
infringes, or is alleged to infringe, upon the rights of third parties, (c) the commission by you of
any Prohibited Activity or the posting by you of Prohibited Content on the Site, (d) your failure to
fully comply with the Privacy Policies, and (e) any use or alleged use of the Site under your
password by you or any person, whether or not authorized by you. Wharton reserves the right to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with Wharton’s defense of such claim and to
reimburse Wharton for the costs and expenses of such defense.
TERMINATION OF SERVICE
You agree that Wharton, in its sole discretion, may terminate your password, account or use of
the Site (or any part thereof), and remove and discard any Content within the Site, for any
reason, including, without limitation, Wharton’s belief that you have violated or acted
inconsistently with the Terms. Wharton reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Site at any time for any reason without
prior notice or liability. Wharton may change, suspend or discontinue all or any aspect of the Site
at any time, including the availability of any feature, database, or Content, without prior notice or
liability.
Wharton also reserves the right to release current or past User information (a) in the event it
believes that accounts are in violation of the Terms (including the restrictions on Prohibited
Content and Prohibited Activities), (b) in the event it believes that accounts are or have been
used to commit unlawful acts, (c) if the User information is subpoenaed, and/or (d) if Wharton
otherwise deems such release necessary and/or appropriate.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE”
BASIS. NEITHER WHARTON, NATIONBUILDER, NOR ANY PROVIDER OF THIRD PARTY
CONTENT, NOR ANY OF THEIR RESPECTIVE AGENTS (A) WARRANTS THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) MAKES ANY WARRANTY AS
TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT, (C)
MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES
SOLD THROUGH THE SITE OR (D) WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AS WELL AS
THE ACCURACY OR COMPLETENESS OF THE CONTENT..
NEITHER WHARTON, NATIONBUILDER, NOR ANY THIRD PARTY CONTENT
PROVIDER, NOR ANY OF THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for
incidental or consequential damages, so the above limitations or exclusions may not apply to
you. In such jurisdictions, the liability of Wharton, NationBuilder, and third party content
providers, or their respective agents shall be limited to the greatest extent permitted by applicable
law.
REPORTING ALLEGED COPYRIGHT INFRINGEMENT
If you believe that your work copyrighted work is being infringed by appearing on
WhartonConnect, please notify Wharton’s designated agent to receive notices of such alleged
infringement:
Joshua Beeman University Information Security Officer and Copyright Agent
University of Pennsylvania
E-Mail: dmca@isc.upenn.edu
Phone: +1-215-898-2172
Fax: +1-215-573-2037
US Mail: 3401 Walnut Street Suite 230A, Philadelphia, PA 19104-62288
In notifying Wharton of the alleged copyright infringement, please be sure to include the
following information:
- A description of the copyrighted work that is the subject of the claimed infringement;
- A description of the infringing material and information sufficient to permit Wharton to locate
the material;
- Contact information for you, including address, telephone number and email address;
- A statement by you that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, or its agent, or the law;
- A statement by you, signed under penalty of perjury, that the information in the notification is
accurate and that you have the authority to enforce the copyright that is claimed to be infringed;
and
- A physical or electronic signature of the copyright owner or a person authorized to act on its
behalf.
Failure to include all of the above-listed information may result in a delay in the processing of
your notice.
MISCELLANEOUS
The Terms shall be construed in accordance and enforced in accordance with Pennsylvania law,
without regard to principles of choice of law. You hereby irrevocably agree to adjudicate any
dispute in connection with the Site or these Terms, and you hereby irrevocably agree to the
exclusive jurisdiction and venue in a federal or state court located in Philadelphia, Pennsylvania
for any such dispute. The Terms and the Privacy Policies constitute the entire agreement between
you and Wharton with respect to the subject matter hereof. The rights and obligations provided
herein may not be assigned or delegated.