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HibbingAllClass.com Terms of Use

Welcome to the official Hibbing All Class Reunion website, brought to you by the Hibbing All Class Reunion Committee! (Hereafter, both are referred to as "HACR")

ACCEPTANCE OF TERMS

By accessing or using the HACR website ("Website"), in any way, including using any of its Services, Events, Activities or Features, downloading materials or merely browsing the Website, you agree to and are bound by the Terms of Use set forth in this document and in any changes thereto that HACR may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Website.

We encourage you to review the Terms of Use. Additionally, since HACR may occasionally revise these Terms of Use, at our own discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website. Please note that the changes become effective immediately at the time of posting.

When using particular Services or Features, you and HACR shall be subject to additional terms and any posted guidelines or rules applicable to such services and features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If any terms contained in this Terms of Use conflict with any terms contained within such guidelines or rules, or the Additional Terms, then the terms in this Agreement shall control.

HACR reserves the right to cancel, suspend or refuse access to the Website, and any individual Service or Feature therein, to anyone at its sole discretion.

Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Website shall be subject to this Agreement.

The Hibbing All Class Reunion Committee (HACR) is responsible only for planning, coordinating and providing for HACR general events and activities during the HACR week that are sanctioned/provided/listed on this website or in official HACR publications. No activity or event that is not listed in any of the aforementioned publications is not part of the official HACR and is not covered, approved or sanctioned by HACR. Hibbing High School (HHS) and Minnesota Independent School District 701 (ISD 701) is not responsible for any of the events, activities or website content for HACR, unless specifically noted in HACR publications or noted on official school publications. Any indivdual or group class Web site is maintained by individual classmates and HACR, HHS or ISD 701 is not responsible for any content or maintenance of those pages. Attendance at any of these events is strictly at the risk of the participant and said participant is bound by the guidelines laid out in the Terms of Use of this website.

MEMBER CONDUCT & USE OF SITE

Our Website may contain areas that enable registered online members of HACR Website to communicate and share information through posting content and sending messages. While we may provide you with these features and opportunities, we also wish to remind you that you should exercise appropriate caution when choosing which information you post on the Website and send as messages to other members.

You are required to use HACR Website responsibly, just as you would act responsibly when interacting with others offline. We expect and require that you take full responsibility for the content that you post or send through our Website. We have established some Guidelines that we hope will increase your awareness of your responsibilities to others when using the HACR Website and will enhance your enjoyment of our Website. These Guidelines are incorporated by reference into this Terms of Use. We may update these Guidelines periodically. In addition to your adherence to the Guidelines, you specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Guidelines

As some examples of improper activities when accessing or using the Website, Services, Features or Materials, you agree that you shall not: Upload, post, email, transmit or otherwise make available ("Provide") any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.Provide any Content that encourages a criminal offense or violates the rights of any party.Impersonate anyone else or misrepresent your affiliation with a person or entity.Participate in any unauthorized or unsolicited promotions, advertising, "junk mail", "Spam", "chain letters", "pyramid schemes" or any other form of solicitation, or otherwise use the website for a commercial purpose.Violate any applicable local, state, national and international law or regulation.Provide any correspondence from another classmate or another party without such party's permission.Use the Website in any manner that could damage, disable, overburden, or impair the Website's, it's Services and Features therein or interfere with any other party's use and enjoyment of the Website, Harass others. Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance.Try to gain unauthorized access to the Website, other members' accounts, or computers connected to the Website.Engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users, or other information.Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, or it's Service and Features therein.

Please Let us know if you encounter Content that you find offensive, possibly unlawful, or that you believe otherwise violates these Guidelines

MONITORING AND ENFORCEMENT.

We do not actively monitor the Message System or the Content that is posted or provided through the use of our Website, nor are we obligated to do so.

As such, and as we may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to Content that you find offensive or objectionable.

You can contact our rjthiel@hibbingallclass.com to let us know of Content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Website that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content.

SUBMITTING OR POSTING CONTENT

When you participate in using the features of the HACR Website, you are granting HACR certain rights to use the Content you submit or post through the Website. By submitting Content you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, created derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Content; and the right to sublicense any or all of these rights. You acknowledge that HACR owns all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Content.

Please remember that you are ultimately responsible for all Content that you provide and you warrant and represent that: the Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and you have all necessary copyright and other related rights to the Content your provide, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.

No compensation will be paid for the use of your Content, including, without limit, any photograph you may provide.

AVAILABILITY OF SERVICES

HACR does not provide you with access to the Internet or the equipment necessary to access the Internet or the Website or Services. You are responsible for the fees charged by other parties to obtain access to our Website and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Website and its Services and Features. From time to time HACR may modify, suspend or discontinue any of the Services or Features offered on our Website without notice to you. HACR shall not be liable to you for any modification, suspension or discontinuance of Services or Features. HACR may establish certain policies and practices concerning use of the Services and Features, including without limitation the maximum number of email or other Content that can be sent through use ofour Services and Features, and the number of days that these items will be retained on our systems. HACR has no responsibility or liability for the deletion or failure to store any messages or other Content maintained or transmitted by or through our Services and Features. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

DISCLAIMER OF WARRANTIES.

You understand and agree that:

Our Website and the services and features provided through it are provided on an "as is" and "as available" basis. The Hibbing All Class Reunion Committee disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether express, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The functions, materials and content of the website are not warranted to be uninterrupted, timely, secure or error-free, and HACR makes no warranty that the information on the website will be accurate, current or reliable or that the quality of any products, services, information or other material purchased or obtained by you through the website will meet your expectations. HACR disclaims any responsibility for the deletion, failure to store, non-delivery, incorrect delivery or untimely delivery of any information or material. You assume the entire risk of loss and damage due to your use of the website, including but not limited to the cost of repairs or corrections to your hardware or software.

THE Hibbing All Class Reunion Committee (HACR) PROPERTY RIGHTS

The HACR Website (and all of the material that it contains) is owned by The Hibbing All Class Reunion Committee or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of The Hibbing All Class Reunion Committee. Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicating or any other misuse of any part of the website is prohibited. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication or otherwise, any license or right to use any material in any manner without the prior written consent of The Hibbing All Class Reunion or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.

TERMINATION/CANCELLATION

You may terminate your registration at any time by contacting our Rjthiel@hibbingallclass.com. If you have a dispute with us relating to the Website or its Services or Features, you may cancel your registration or cease use of the Website. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. On occasion, certain members may not comply with the terms and conditions in the Terms of Use. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership and access to the Website, its Services and Features. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership or information.

LIMITATIONS OF LIABILITY

Your use of the Website is entirely at your sole risk. The Hibbing All Class Reunion Committee and its subsidiaries and affiliates, and their respective owners, directors, officers, employees, licensors, contractors and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use, the website, even if The Hibbing All Class Reunion has been advised of the possibility of such damages or loss.

INDEMNIFICATION

You shall indemnify and hold harmless, and at The Hibbing All Class Reunion request defend, HACR, its subsidiaries, and affiliates, as well as the irrespective directors, officers, shareholders, employees, contractors, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

CHOICE OF LAW & VENUE

The Terms of Use, your access and use of the Website and Services and the relationship between you and HACR is governed by the laws of the State of Minnesota, without giving effect to its conflict of law provisions. HACR and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Minnesota. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, HACR shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in HACR's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

COPYRIGHT AND TRADEMARK NOTICE

Website and its Contents Copyright (c) 2013-2014 The Hibbing All Class Reunion All rights reserved. The Hibbing All Class Reunion, HibbingAllClass.com, and the Hibbing All Class Reunion Committee and all the brands of other HACR products and services shown herein are the trademarks or registered trademarks of The Hibbing All Class Reunion and Other trademarks belong to their respective owners.

MISCELLANEOUS TERMS

Our relationship is not one of agency or partnership and neither you nor HACR shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If The Hibbing All Class Reunion fails to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by The Hibbing All Class Reunion posting changes to the Terms of Use on the Website.

Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of The Hibbing All Class Reunion successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right there under, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, any Additional Terms, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.

Hibbing All Class Reunion

408 East Howard Street, Hibbing MN 55746

Copyright © 2013 The Hibbing All Class Reunion and the Hibbing All Class Reunion Committee.

All rights reserved.

Proudly supported by the Hibbing Foundation!