PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

GENERAL

By using this Web site, you agree to the Terms of Use and Conditions of Service [hereinafter “Terms and Conditions”] set forth below. If you do not agree to these Terms and Conditions, please do not use this Web site.

KAPPA ALPHA THETA FRATERNITY, INC. [hereinafter referred to as "THETA," "we," "us," "our," or “the Fraternity”] reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time and from time to time. Please check these Terms and Conditions before each use, as no individual notice of changes will be afforded any user. Your continued use of the KAPPAALPHATHETA.ORG Web site [hereinafter, the “THETA Web Site” or the “Web Site”] following the posting of changes to these Terms and Conditions will constitute your acceptance of those changes. Further, any and all new features added to the THETA Web Site will likewise be subject to these Terms and Conditions.

RESTRICTIONS ON USE OF MATERIALS

The THETA Web site is owned and operated by Kappa Alpha Theta Fraternity, Inc. No material from the THETA Web Site or any other Web site owned, operated, licensed, or controlled by THETA may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one copy of the materials and/or download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of THETA's copyright and other proprietary rights. For purposes of these Terms and Conditions, the use of any such material on any other Web site or networked computer environment or in any other fashion or manner is prohibited. The foregoing restrictions do not apply to THETA Members, Chapters or Alumni organizations that have been granted express written consent by THETA to use the information and materials in this Web site in a manner than would otherwise be prohibited by these Terms and Conditions. All trademarks, service marks, and trade names are proprietary to Kappa Alpha Theta Fraternity, Inc. We own all rights to our name, crests, symbols, pins, badges, logos, songs, music, graphics, etc., as well as our service marks, trademarks and trade names.

THETA PRIVACY POLICY

All information on the THETA Web Site about you is subject to our Privacy Policy. For more information on these privacy issues, see our Privacy Policy.

YOUR MEMBERSHIP, PASSWORD, AND RELATED SECURITY ISSUES

Membership in THETA is a privilege. To further the privileges that accompany your membership in THETA, you have been given a special password designed exclusively for your use of the THETA Web Site. We urge you to maintain this security measure at all times by protecting the confidentiality of your password and by not disclosing it to any other person.

You are responsible for any and all uses, activities, and messaging that occur under your password at all times, even if not engaged in by you. Further, you agree to immediately notify THETA of any and all unauthorized uses, activities, or messaging occurring under your password or any other breach of security involving the THETA Web Site or your password of which you are aware. Notification should be made to webmaster@kappaalphatheta.org.

SUBMISSIONS

If you send certain submissions (e.g., postings to chats, message boards, contests, or merchandise orders) or other information (collectively, the "Submissions") to the THETA Web Site, the Submissions shall be deemed, and shall remain, the property of THETA. None of the Submissions shall be subject to any obligation of confidentiality on the part of THETA, and THETA shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, THETA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Be aware that there is presently no such thing as total security concerning the Internet. Thus, when making Submissions, to the THETA Web Site, you must exercise discretion and caution.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, bulletin or message board, or e-mail function offered as part of the THETA Web Site. You shall not upload to, distribute through, or otherwise publish through the THETA Web Site any content that is unlawful, threatening, libelous, defamatory, obscene, scandalous, pornographic, profane, invasive of privacy or publicity rights, abusive, illegal, or otherwise offensive or objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability for violation of any law. Further, you are prohibited from posting or transmitting any information through the THETA Web Site which contains a virus or other harmful component. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other THETA Web Site guests to join or become members of any commercial online service or other organization is expressly prohibited.

You understand that THETA has no obligation to monitor any Submissions. Nor does THETA represent that it will monitor any Submissions. However, THETA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request. Further, in the event that THETA chooses to monitor Submissions, THETA reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, that in THETA’s sole discretion are objectionable or in violation of the Terms and Conditions of this Web site.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

THETA MERCHANDISE

Additional security measures have been taken with regard to purchasing merchandise through the THETA Web Site because THETA seeks to make your use of the THETA Web Site as comfortable and convenient as possible. The THETA Web Site is a “Thawte Secure Web site,” which means that you, the user, can verify vital information about the THETA Web site before placing a merchandise order. We urge you to verify this information before each purchase through the THETA Web Site.

Any badges ordered through the THETA Web Site are custom-ordered, and, therefore, cannot be returned. All other jewelry ordered through the THETA Web Site is returnable.

To return jewelry purchased through the THETA Web Site, other than the custom-ordered badges referred to above, securely package the item[s], enclose all documentation sent to you at the time of delivery [saving a copy for your records] and the reason for your return, and send the item[s] and enclosures to: Kappa Alpha Theta, 8740 Founders Road, Indianapolis, Indiana, 46268. As with all credit card purchases, please allow 1-2 billing cycles for the merchandise credit to appear on your account statement.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the THETA Web site are presented solely for the purpose of promoting THETA programs, fostering sisterhood, and promoting the Greek community. This Web site is controlled and operated by THETA from its offices within the State of Indiana, United States of America. THETA makes no representation that materials in the THETA Web Site are appropriate or available for use in other locations. Those who choose to access the THETA Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TERMINATION

These Terms and Conditions are effective until terminated by either party.

These Terms and Conditions will terminate immediately without notice from THETA, if in THETA's sole discretion, you fail to comply with any provision of these Terms and Conditions. Upon termination, you must destroy all materials obtained from this Web site and any and all other Web site(s) owned, operated, licensed or controlled by THETA and all copies thereof, whether made pursuant to these Terms and Conditions or otherwise.

GENERAL DISCLAIMER AND DISCLAIMER OF WARRANTIES
THE THETA WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THETA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THETA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THETA WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THETA WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THETA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE THETA WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PARTICULARLY, WITH REGARD TO ANY FORUM AREA, THETA DISCLAIMS ALL LIABILITY RESULTING FROM RELIANCE PLACED UPON INFORMATION DISSEMINATED IN THAT AREA BY ANY USER REGARDLESS OF WHETHER THE PARTY RESPONSIBLE FOR THE DISSEMINATION IS AFFILIATED WITH THETA IN ANY FASHION. YOU (AND NOT THETA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THETA encourages discretion when browsing the Internet using any service. Because some Web sites employ automated search results or otherwise link you to Web sites containing information that may be deemed inappropriate or offensive, THETA cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material, information, or merchandise contained in third-party Web sites, and you hereby irrevocably waive any claim against us with respect to such Web sites. Further, THETA explicitly disclaims any responsibility for the accuracy, content, or availability of information found on Web sites that link to or from the THETA Web Site from third parties not associated with THETA. For purposes hereof, any THETA Member, Chapter, Colony, or Alumni group, or other organization shall be deemed not to be associated with THETA with respect to their maintenance of any Web sites, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such Web sites, or the Web sites of any individual, even if that person shall be a member in good standing of the Fraternity. THETA cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Web site that links to or from the THETA Web Site since those other Web sites are owned and operated by independent retailers. THETA does not endorse any of the merchandise, nor has THETA taken any steps to confirm the accuracy or reliability of any of the materials or information contained in such third-party Web sites. THETA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, nor to such third parties’ use of devices such as cookies and the like, and you hereby irrevocably waive any claim against us with respect to such Web sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THETA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE THETA WEB SITE, EVEN IF THETA OR A THETA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THETA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE THETA WEB SITE.

INDEMNITY

You agree to indemnify and hold THETA, and its officers, agents, and all employees, harmless from any claim or demand made by any third party, and all associated damages, costs, liabilities, and expenses (including reasonable attorney’s fees), resulting from or arising out of the information you submit to, post to, or in any way transmit through the THETA Web Site resulting in your violation of these Terms and Conditions, any rights of another, or any law.

VIOLATIONS OF TERMS AND CONDITIONS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Indianapolis, Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, accepted by both parties. The section titles herein are for convenience only and have no legal or contractual effect.

Violations of any and all of the Terms and Conditions contained herein, including those expressly stated, as well as those which may be reasonably inferred from that which is expressly stated, shall be promptly reported to webmaster@kappaalphatheta.org. A verified violation of these Terms and Conditions may result, at THETA’S sole discretion, in a loss of your privilege of accessing the Theta Web Site or any part thereof and, depending on the facts and circumstances involved, could result in stronger penalties.

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