Policy and Privacy Agreement
This Agreement applies to all users of the TRIUM External Network ("Extranet") and the TRIUM website as a whole.
The Extranet is a community designed to maintain the lifelong relationship of the TRIUM alumni with the program while connecting the TRIUM alumni and current students to one another and alumni of the three partner schools (NYU Stern, LSE, and HEC). The Extranet is accessible only by TRIUM alumni and current TRIUM students with secured passwords who have agreed to adhere to the following policies and procedures.
1. ScopeThis Agreement applies to any person using the Extranet, registering with the Extranet, or any service provided by or through the Extranet. All these people may be referred to here as "You" or "Users." Any use of the Extranet, access or visit to the Extranet, or linking to the Extranet, constitutes Your acceptance of the terms and conditions of this Agreement. If there are additional posted guidelines or policies applicable to products or services on this Extranet or as otherwise provided by the TRIUM EMBA Program, You are subject to those as well. Those guidelines and policies are incorporated by reference into this Agreement.
2. Disclaimer of warranties; Site available "as is."a. ACCURACY OF INFORMATION AND CONTENT. THE TRIUM EMBA PROGRAM AND ITS PARTNER SCHOOLS DO NOT WARRANT THAT THE INFORMATION AND MATERIAL ON ITS EXTRANET ARE COMPLETE OR ACCURATE. INFORMATION AT THIS EXTRANET MAY INCLUDE LEGAL, TECHNICAL, TYPOGRAPHICAL, OR OTHER INACCURACIES OR ERRORS, OR MAY BE INCOMPLETE OR OUTDATED. THE TRIUM ADMINISTRATION MAY MAKE CHANGES, UPDATE INFORMATION, OR CORRECT INACCURACIES OR ERRORS WITH OR WITHOUT NOTICE AND AT THE TRIUM EMBA PROGRAM'S SOLE DISCRETION. b. NO WARRANTIES OR REPRESENTATIONS. THIS EXTRANET AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO THE TRIUM EMBA PROGRAM, ITS OWNERS, EMPLOYEES, AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS EXTRANET IS AT YOUR OWN RISK. c. DISCLAIMER OF LIABILITY. THE TRIUM EMBA PROGRAM DISCLAIMS ANY AND ALL LIABILITY TO ANY INDIVIDUAL, ORGANIZATION OR OTHER ENTITY FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS CONTAINED IN, OR ASSOCIATED WITH, THE EXTRANET, WHETHER SUCH ERRORS OR OMISSIONS ARISE FROM NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE. THE TRIUM EMBA PROGRAM AND ITS PARTNER SCHOOLS, THEIR OWNERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS EXTRANET, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS EXTRANET. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, OR COMPUTER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION. IF YOU RESIDE IN A JURISDICTION IN WHICH THE COMMON, STATUTORY, REGULATORY, OR CODIFIED LAW WOULD VOID THIS AGREEMENT IN WHOLE, OR IN ANY PART, OR WHICH MAKES ACCESSING THE EXTRANET ILLEGAL, YOU ARE UNAUTHORIZED TO USE THE EXTRANET AND DO SO ENTIRELY AT YOUR OWN RISK.
3. Personal listingsWhen You provide information for inclusion in the Extranet, You are responsible for both the accuracy of the information submitted and compliance with applicable state law, federal law and international law.
4. Intellectual PropertyUnless otherwise indicated, the TRIUM EMBA Program and its partner schools own all copyrights in the materials on this Extranet and the TRIUM site as a whole. You may print and download portions of materials from the different areas of this Extranet solely for Your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted in this Extranet is strictly prohibited without the express written consent of the TRIUM EMBA Program. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from the Extranet.
5. IndemnificationYou agree to indemnify, defend and hold harmless the TRIUM EMBA Program, its partner schools, their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Extranet from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Your use of this Extranet.
6. ModificationThe TRIUM EMBA Program and its partner schools reserve the right to change the terms, conditions, policies and guidelines for the Extranet, including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies and guidelines, and any additional terms posted on the Extranet. Your continued use of the Extranet constitutes Your agreement to all such terms, conditions, policies and guidelines. Any changes may be posted without notice, and will become effective when posted on the Extranet.
7. NoticesAll notices required under this Agreement shall be in writing and shall be made either by email, conventional mail, overnight courier, or other commercial delivery services. The TRIUM EMBA Program may also broadcast notices or messages through the Extranet to inform You of changes to this Agreement, a service, or other matters. These broadcasts also constitute notice to You. All notices to the TRIUM EMBA Program must be made in writing, emailed to email@example.com or delivered to: TRIUM Global Executive MBA Program 44 West Fourth Street, Suite 4-100 New York, NY 10012-1126 USA
8. Force MajeureThe TRIUM EMBA Program shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of nature (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by the TRIUM EMBA Program and any third-party supplier to link their servers to the Internet.
9. Consents and WaiversThe failure of the TRIUM EMBA Program at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
10. Governing LawThis Agreement shall be governed and construed in accordance with the laws of the state of New York. You agree that any legal action or proceeding between the TRIUM EMBA Program and You for any purpose concerning this Agreement shall be brought exclusively in state or federal courts in New York, and that You will submit to the jurisdiction in New York state or federal court. Any cause of action or claim You may have with respect to Your use of this Extranet must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action will be barred.
11. MiscellaneousIt is the TRIUM EMBA Program's policy to comply with all applicable laws and regulations. In the event any provision of this Agreement may be in conflict with any applicable law or regulation, the law or regulation shall be considered to supersede the conflicting provision. The provisions of this Agreement are severable. In the event any provision of this Agreement is deemed to be unenforceable or invalid, such invalidity unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement. The TRIUM EMBA Program may assign their rights and duties under this Agreement at anytime without notice to You. By using this Extranet, You represent and warrant that You have the legal right to enter into this Agreement.
13. User GuidelinesThis Extranet is to be used for the TRIUM EMBA Program business and individual communication between members of the TRIUM alumni community. Using the information contained, personal or otherwise, for any public, private, commercial, or political mailing is strictly prohibited. Communications among the Extranet participants are not intended for publication or retransmission in any media other than in the Extranet. Users of the Extranet must adhere to the basic guidelines outlined here, which is not an all-inclusive list:
- You may not grant access to the Extranet or any information contained within it to others outside of the TRIUM community or to non-users of the Extranet.
- Activities must not violate the privacy of other users.
- You may not use the Extranet or any information contained therein for illegal or fraudulent purposes.
- You may not imply or infer any endorsement, approval, or sponsorship by the TRIUM EMBA Program or its employees.
- You may not use the Extranet or any information contained therein for mass mailings or advertisements.
- Please be aware of language that could be taken offensively by others. Although the Extranet is not consistently moderated, hate speech, obscene language, harassment and the like, will not be tolerated.
14. Information Sharing and DisclosureThe TRIUM EMBA Program will not sell or rent your email address or other personally identifiable information to anyone. The TRIUM EMBA Program will only send your email address or other personally identifiable information about you to other companies or people when:
- we have your consent to share the information;
- we need to share your information to provide the product or service you have requested;
- we need to send the information to companies or third-parties who work on behalf of the TRIUM EMBA Program to provide a product or service to you;
- we are required to provide such information to respond to subpoenas, court orders or other legal process; or
- we find that your actions on our Web sites violate the Agreement or any of our usage guidelines for specific products or services.