Terms Of Service
OVERVIEW
1. LEGAL NOTICE
We are delighted to welcome you to https://www.TKE.org/ (the "Website"), a Website of Tau Kappa Epsilon Fraternity, Inc. ("Teke"), as hosted by Teke (the "Organization", "we", "our", or "us"). Terms and conditions contained herein, including the information in the provisions below, constitute the terms upon which you may use this Website (the "Terms of Use"). This Website is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Terms of Use. Your use of the Website and Offerings (defined below) constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you are prohibited from using or accessing the Website and Offerings.
2. ACCESS TO THE SERVICE
The Organization grants you a limited, revocable, nonexclusive license to access the Website for your own personal use, and for no other use. Without limitation, you shall not use or access the Website or any of our associated services for: (a) any collection, aggregation, copying, duplication, display or derivative use of the Website or its contents, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools; or (b) any commercial purpose. A limited exception to the foregoing is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a Website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Use of the Website beyond the scope of authorized access granted to you by the Organization immediately terminates said permission or license. For clarity, the Organization reserves the right to terminate immediately any account that you have created in connection with the Website, to remove all Content that you submit to the Website and to restrict you from accessing the Website if the Organization determines, in its sole and absolute discretion, that you have violated these Terms of Use or any other policy of the Organization that is posted on its Website (collectively, the "Policies"). In order to collect, aggregate, copy, duplicate, display or make derivative use of the Website or any content made available via the Website for other purposes (including commercial purposes) not stated herein, you must first obtain a license and advanced written permission from Organization.
3. CHANGES IN WEBSITE
The Organization reserves the right to change, suspend, update, or discontinue any aspect of the Website, the content contained therein, the features associated therewith, and these Terms of Use, at any time, in its discretion, without notice.
4. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that impersonates any person or entity, including, but not limited to, an Organization employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
d) that includes personal or identifying information about another person without that person’s explicit written consent;
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains any form of advertising or solicitation;
h) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
i) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website.
You understand that all postings, messages, text, files, images, photos, video, sounds, creations, ideas, or other materials ("Content") posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post. You understand that Organization does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Organization site and Content available through the Website may contain links to other Websites, which may be completely independent of Organization. Organization makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites, and the use of any products, services, or content offered through any such website, is at your own and sole risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Organization be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website. You acknowledge that Organization does not pre-screen or approve Content, but that Organization shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of the Terms of Use or for any other reason. Without limitation, the Organization reserves the right to remove any Content that you post or submit to the Website, at any time and for any or no reason.
5. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE, THE FEATURES AND SERVICES OFFERED THROUGH THE WEBSITE, AND RELIANCE ON AND USE OF THE INFORMATION AND CONTENT CONTAINED ON AND TRANSMITTED THROUGH THE WEBSITE (COLLECTIVELY, THE "WEBSITE AND OFFERINGS") IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND OFFERINGS ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND OFFERINGS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORGANIZATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE, AND YOU AGREE THAT THE ORGANIZATION SHALL NOT BE LIABLE FOR, AND YOU HEREBY WAIVE ALL CLAIMS RELATED TO, ANY DAMAGES YOU INCUR RELATED TO YOUR USE OF THIRD PARTY WEBSITES, THEIR ASSOCIATED PRODUCTS AND SERVICES, AND YOUR RELIANCE ON ANY INFORMATION OR CONTENT POSTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORGANIZATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE AND SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. The foregoing limitations of liability shall survive the termination or discontinuation of your access to and use of the Website for any reason.
6. DISPUTE RESOLUTION
This Terms of Use shall be governed by the laws of the State of Indiana, without application of its conflicts of laws principles. Except for equitable relief, any and all disputes arising hereunder shall be submitted to binding arbitration in City of Indianapolis, Indiana, in accordance with the rules of the American Arbitration Association and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall not commence until the party requesting it has deposited One Thousand and No/100 U.S. Dollars ($1,000.00) with the arbitrators as a retainer for the arbitrators’ fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators’ fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. In any action seeking equitable relief in connection with this Website, you hereby consent to the exclusive jurisdiction of the state and federal courts located in Indianapolis, Indiana.
7. ENTIRE AGREEMENT
These Terms of Use and the Organization’s Privacy Policy, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to the Website and Offerings. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Website and Offerings.
8. GENERAL DISCLAIMERS
ORGANIZATION DOES NOT WARRANT THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORGANIZATION AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
NO REPRESENTATION OR WARRANTY IS MADE BY ORGANIZATION ABOUT THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ORGANIZATION OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR A DELAY OR INABILITY TO USE THE WEBSITE OR WEBSITES TO WHICH THIS WEBSITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF ORGANIZATION OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE.
9. GENERAL INFORMATION
The failure of Organization to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that 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 Offerings or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or else you will automatically waive such claim or cause of action forever.
10. INDEMNITY
You hereby agree to indemnify, defend and hold harmless Organization and its affiliates, and the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Organization and/or its affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Website, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Organization, its affiliates or any person or entity.
You agree to indemnify and hold Organization, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. LIMITATIONS ON SERVICE
You acknowledge that Organization may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that Organization has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that Organization reserves the right at any time to modify or discontinue the Website and Offerings (or any part thereof) with or without notice, and that Organization shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and Offerings.
12. LINKING POLICY
This Website may from time to time contain links to other Internet Websites. These links are provided for your convenience only. Organization is not responsible for the content, services, or products of or offered on Websites that you may access through such links. Such links do not constitute endorsements by Organization of such Websites, their content or any products or services made available thereon, or any association with their operators. Linking to the Organization Website, and/or framing any portions of the Website without Organization’s express written permission is prohibited.
13. MODIFICATIONS TO THESE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms of Use.
14. MONITORING USE OF THE WEBSITE
Organization reserves the right, without any obligation, to monitor your use of this Website and Offerings, without notice. You hereby waive any expectation of privacy in such information and activity. Organization reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to Organization, its affiliates, or to users, or that may violate the law.
15. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Organization. You further agree not to reproduce, duplicate or copy Content from the Website without the express written consent of Organization, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website and Offerings. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website. The Organization’s Coat of Arms is a registered mark in the U.S. Patent and Trademark Office.
Although Organization does not claim ownership of content that its users post, by posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Organization an irrevocable, perpetual, non-exclusive, fully paid, royalty free, worldwide license and right to use, copy, perform, display, commercially exploit, and distribute said Content and to prepare modifications and derivative works of, or incorporate into other works, said Content, and to transfer, sell, and grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website, you automatically grant Organization all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
16. TERMINATION OF ACCESS
You acknowledge that Organization may terminate your use of this Website or your access to this Website at any time, with or without cause.
17. TERMINATION OF SERVICE
You agree that Organization, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if Organization believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Organization shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website or Offerings after said termination.
18. COPYRIGHT AND TRADEMARK NOTICES
The copyright to this Website, the design and appearance of this Website, and all of the materials and content on this Website, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by Organization or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this Website (except as permitted herein) without written permission of Organization is expressly prohibited. You may download and make one copy of the content and other downloadable items displayed on this Website for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this Website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and to ensure their compliance thereto, and further agrees to hold Organization harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.
Copyright © 2024 Tau Kappa Epsilon Fraternity, Inc. All rights reserved. The names "Tau Kappa Epsilon" and "Teke" and its related symbols and emblems are the intellectual property of Tau Kappa Epsilon Fraternity, Inc., and are used by various other organizations through license. Those other organizations sublicense to their chapters and members the non-exclusive right to use the name of the organization and the related intellectual property, which right can be withdrawn at any time if the organization deems, in its sole discretion, that such name or intellectual property is being used in any unauthorized or improper manner.