Terms of Use

Last updated: 08/23/2024

These website terms of use (“Terms of Use”) are entered into by and between you and The University of Massachusetts Amherst Foundation and its affiliates (collectively, “The UMass Amherst Foundation”, “we”, “us” or “our”) and govern your access to and use of our websites that link to these Terms of Use (collectively, the “Website”).  The terms “you” or “user” as used in this these Terms of Use, mean any person or entity who accesses or uses the Website.   If you use or access the Website on behalf of a company or other legal entity, you are agreeing to these Terms of Use on behalf of such company or other legal entity. 

Please read these Terms of Use carefully before you use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use.  If you do not accept these Terms of Use, please do not access or use the Website.

Please note, These Terms of Use do not modify any other written agreement entered into between you (or the company or other legal entity with which you are affiliated) and The UMass Amherst Foundation unless specifically stated in such other written agreement.

1. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 

2. ACCESSING THE WEBSITE

We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

3. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The UMass Amherst Foundation, its affiliates, its or their licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws.  All rights not specifically granted herein are reserved by The UMass Amherst Foundation.

These Terms of Use permit you to use the Website for your personal use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use in accordance with these Terms.  If we provide social media features, you may take such actions as are enabled by such features.

No right, title or interest in or to the Website or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by The UMass Amherst Foundation.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4. TRADEMARKS

All trademarks, service marks, logos and trade names which appear on the Website, whether registered or not (including but not limited to: the word mark “The UMass Amherst Foundation” and The UMass Amherst Foundation logo) (the “Marks”) are and shall remain the exclusive property of The UMass Amherst Foundation, its affiliates, or its or their licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without The UMass Amherst Foundation’s prior consent, which shall be in The UMass Amherst Foundation’s sole discretion.  The use of any of the Marks on any other website is prohibited without the express written consent of The UMass Amherst Foundation.

5. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate The UMass Amherst Foundation, its affiliates, an The UMass Amherst Foundation employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm The UMass Amherst Foundation or users of the Website or expose them to liability.

  • If you are a competitor, or for purposes of monitoring the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes.

 Additionally, you agree not to:

  • Use the Website or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Reproduce, duplicate, copy, sell, resell, transmit, upload, download or exploit any portion of the Website, use of the Website, or access to the Website, for any commercial, public or political purpose, including but not limited to advertising, solicitation, cold-calling or mass mailing.

  • Publicly display or distribute any materials from the Website.

  • Modify copies of any materials from the Website.

  • Reproduce or store any materials or personal information obtained from the Website in a retrieval system by any means, or use such information for any public, private, commercial, or political purpose.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

6. USER CONTENT

Some areas of the Website may allow users to submit, post, display, provide, or otherwise make available content such as profile information, contact information, comments, questions, and other content or information (any such materials a user submits, posts, displays, provides, or otherwise makes available on the Website is referred to as “User Content”).  Unless otherwise stated, all references to “materials” or “content” on the Website shall include User Content.

We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that if portions of the Website allow other users to view, edit, share, and/or otherwise interact with your User Content, by providing or sharing User Content through the Website, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is on or is shared via the Website.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and our (and our successors’ and affiliates’) organization, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive right to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Website and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use.

  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

  • Your User Content and our use thereof as contemplated by these Terms of Use and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

  • All of your User Content and other information that you provide to us is truthful and accurate.

 You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates any of these provisions.

We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts, sends, or otherwise makes available via the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available via the Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

7. INTERACTIONS WITH OTHER USERS

If the Website permits interaction with other users, you are solely responsible for such interactions. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other users, or for any user’s action or inaction.

8. NO RELIANCE ON INFORMATION POSTED

To the extent permitted by applicable law:  The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, timeliness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

While we may periodically update or correct information presented on this Website, and such information, or other information on this Website, may include typographical errors and/or technical inaccuracies and/or omissions.  We make no representation or warranty as to the accuracy of any information on this Website and expressly disclaims any obligation to update such information.  We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

The Website may include content and/or materials provided by third parties.  All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of The UMass Amherst Foundation.  We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.

9. SOCIAL NETWORKS

The website may include features that operate in conjunction with certain third-party social networking websites that you visit. Please note that your use of such features is governed by these Terms of Use, however, your access and use of third-party social networking sites is governed by the terms of service and other agreements posted on such sites. You are responsible for ensuring that your use of such sites complies with any applicable terms of service or other agreements.

10. COMMUNICATIONS AND FEEDBACK

When you use parts of the Website or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.

You may provide feedback, ideas and suggestions to The UMass Amherst Foundation (collectively, “Suggestions”).  If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

11. PRIVACY

Our Privacy Policy located at https://www.uma-foundation.org/privacy (“Privacy Policy”), describes our collection, use and disclosure of personal information in connection with the Website.  Our Privacy Policy is expressly incorporated into these Terms of Use, and by using the Website you agree to the collection, use and disclosure practices in our Privacy Policy.

12. LINKS FROM THE WEBSITE

Our Website may contain links to websites that are owned and controlled by third parties that are not within The UMass Amherst Foundation’s control, which are for your convenience only.  The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites.  We are not responsible and cannot be held liable for the content and activities of these sites.  You therefore visit/access these sites entirely at your own risk.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NEITHER THE UMASS AMHERST FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE UMASS AMHERST FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE UMASS AMHERST FOUNDATION NOR ANYONE ASSOCIATED WITH THE UMASS AMHERST FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE AND THE CONTENT. 

14. LIMITATION ON LIABILITY

IN NO EVENT WILL THE UMASS AMHERST FOUNDATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold The UMass Amherst Foundation (and its affiliated organizations, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Website; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms of Use.

16. INTERNATIONAL USERS

We operate the Website from the United States of America.  If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.

17. SEVERITY;WAIVER

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms of Use shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use.  

18. GOVERNING LAW

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflict of law. 

19. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to contact@uma-foundation.org.