Alumnifire Terms of Service
October 17, 2018
Welcome! You've discovered Alumnifire and our Terms of Service. It's our contract
with you describing the rules for using Alumnifire. While you may want to
skip over some of this (admittedly, it's dry reading), we do our best to
keep things succinct and use plain English. Please read the Terms carefully and
completely as it'll help you understand what's important to us and make you more
comfortable using Alumnifire.
This Summary of the Terms summarizes some of its provisions to make it easier to
digest, but the Summary itself is not technically part of the Terms, nor does it
limit the scope of the Terms in any way. While you hopefully find it helpful,
reading the Summary doesn't count as reading the Terms in full. Okay, disclaimer
Below is a brief overview of what you can expect to find in the Terms. Think of
this as the Cliffs Notes covering some of the important concepts. It's not
all-inclusive and won't get you an A on the test (did we mention there's a test?),
but it's a useful reference to guide your reading or help you recall certain parts.
1. The Basics
The "Basics" section includes the general acceptance provision, some key words
used throughout the Terms, and a provision for how we'll communicate with you when
we modify the Terms. A couple of important concepts to watch out for as you read
section 1: with most online services, ours included, you tacitly agree to the Terms
by using the Service; and, also like many other online services, we are growing and
changing rapidly and need to update our Terms from time to time as a result. If you
keep using the Service after an update, you're agreeing to the new Terms.
2. The Service
Section 2 offers more detail about how the Service actually works. There is
information about how to create accounts and the confidentiality of what you do on
the Service. In section 2, we also describe our Service as a "venue." In other
words, you'll be interacting with other users and we won't be watching all the time.
You should recognize that other users of the Service are, in most cases, not
Alumnifire employees. While we work very hard to make Alumnifire a place for trust
and reliability, you should use good judgment when interacting with other users
because, ultimately, you're at your own risk. There may be places on the Site or App
where we provide guidelines to help you to protect yourself, but those never absolve
you of taking responsibility for your use of the Service.
3. Financial Terms
While we don't do it now, the Service may at some point allow you to offer products
or services for pay, so we need a section to describe how the transactions within the
Service are handled. One specific point to keep in mind is that what you do on the
Service may have Tax implications for you personally. We can't really help you figure
that stuff out, so you'll need to seek whatever Tax counsel you normally do if you
plan to be making money on the Service.
4. User Policies
Our user policies describe who can use the Service, how they are expected to use it,
and a few things about how we think about their responsibility and ours for what
goes on. To use the Service, you need to be 13 and legally capable of signing a
contract. You also need to make sure that agreeing to our Terms and using the Service
doesn't break any laws or rules that you need to be following. When you use the
Service, you're responsible for your actions. You can't use the Service to break the
law, steal things, or deceive people. We aren't endorsing or verifying anyone on the
Service, so use good judgment. There's a lot of "Golden Rule" and "be smart" stuff
captured in section 4.
5. Licenses and Ownership
Section 5 covers some intellectual property concepts, as they relate to software that
we create and Content that both we and users create. This section establishes what
we're all allowed to do with that intellectual property. A specific provision to think
about is the rights that you give Alumnifire when you upload Content to our Service.
We need to capture a lot of rights to what you upload so that we can safely provide
the Service, and we list those rights in section 5.
6. General Provisions
The last section, 6, captures a number of different legal concepts that can really be
best described as "miscellaneous." Running a company and operating a Service is a
complex business, and there are lots of statements we need to make to protect
ourselves for every potential eventuality. In section 6, you'll find a number of
additional waivers and protections for all kinds of things, particularly around
damages resulting from use of the Service, and some ground rules like the governing
law for the contract, the dispute resolution process, and what happens if anyone
breaks the contract. These provisions are more broadly legal in nature and will have
less information specific to the way our Service operates.
Okay, now now that you've got a few things in mind to watch out for, on with the show!
The complete Terms follow.
1. The Basics
1.1 Accepting the Terms
While you're likely reading this on the Alumnifire website or mobile application, we
think of Alumnifire as offering a "Service" and we'll refer collectively to the
various form factors, products, and services that comprise the offering as such
throughout the Terms. Individually, the Service consists of the "Site," which
can be accessed at alumnifire.com or other websites on
which we may make the Service available and the "App," which describes any and all
applications for mobile devices, tablets, and desktops on which the Service is
available. Thematically, the Service is an online venue that connects "Alumni", or
graduates of an insitution (usually of higher learning) with one another to share
advice, jobs, and mentorship. The Service is owned and operated by Alumnifire, Inc.,
which we may refer to as "Alumnifire," "we," "us," or "our" for brevity.
When you use the Service, even if you decide not to become a registered
user, you agree to several things: (i) You'll comply with and be legally
bound by these Terms of Service (we'll just call them "Terms" to keep
reference, and any rules, policies, or disclaimers posted on the Service
about which you are notified. Collectively, those things make up the
"Agreement," (ii) You acknowledge that you are accepting a benefit that
cannot be disgorged, (iii) You acknowledge that the service is subject to
and that you will comply with them, and (iv) You are neither located in a
nor a prohibited person. The Agreement governs your access to and use of
the Service and all Collective Content (see the "Key Words" in section 1.2
if you see capitalized words and aren't sure what they mean) and
constitutes a binding legal agreement between you and Alumnifire.
We ask that you to read carefully both the Terms here and our Privacy
Policy at alumnifire.com/privacy. If you do not accept the
Agreement, that's okay, but you can't use the Service.
As a user you may interact with other users on the service (in fact, you're pretty
likely to, as that's kind of the point of the Service), but in doing so you must
recognize that Alumnifire is not party to any agreements you make with other users.
We don't control users' conduct on the Service or any information provided in
connection thereto, so to protect ourselves we must disclaim liability in this
1.2 Key words
We use this list of key words to keep track of words and phrases we repeat
over and over again throughout the Agreement. You'll recognize key words
when you see them because they'll always be capitalized. You can refer here
for clarification on what they mean. Additionally, when we use "you"
and "your" we're referring to both the specific reader of these Terms,
either an individual or entity that uses the Service, as well as all users
in general. If you accept the Agreement on behalf of a company or other
legal entity, you represent and warrant that you have the authority to do
"AAA" refers to the American Arbitration Association.
"AAA Rules" refers to the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes.
other rules, policies, or disclaimers posted on the Service.
"App" refers to any and all native mobile, tablet, or desktop applications
of the Service.
"Collective Content" means both Member Content and Alumnifire Content.
"Content" covers any text, graphics, images, music, software (excluding
the Site or App software), audio, video, data, information or other
materials users encounter on the Service.
"Dispute" describes any claim or controversy arising from or relating
to this Agreement, the breach, termination, enforcement, interpretation or
validity thereof, or your use of the Service.
"Exchange" describes the information exchange or other transactional
interactions between Members facilitated by the Service.
"Exchange Fee" refers to any applicable transaction charge paid in
consideration of the advice and information provided as part of an Exchange.
An exchange may not (and often does not) have an associated Exchange Fee.
"Feedback" refers to feedback, comments and suggestions for
improvements to the Service.
"Member" means a person who completes Alumnifire's account registration
process as described under "User Account Registration" below.
"Member Content" covers all Content created by a Member on the Service.
"Alumnifire" refers to both the product at www.alumnifire.com
and Alumnifire, Inc., the owner of the Service.
"Alumnifire Account" refers to the account profile completed by Members
during account registration.
"Alumnifire Content" covers all Content that Alumnifire makes available through the
Service including any Content licensed from a third party, but excluding
"Service" describes the various form factors, products, and services
that comprise the Alumnifire offering.
"Service Fee" refers to the percentage of any Exchange Fees collected by
Alumnifire in consideration of the Service.
"Settings" refers to parameters and preferences associated with an Alumnifire
Account that Members can change to modify their experience on the Service.
"Site" refers to any and all web-based applications of the Service,
including Alumnifire and any other website on which we make the Service
"SN" refers to third party social networking sites. For some SNs, you may
use your credentials with that site to create a Alumnifire Account.
"SN Account" means a user's credentials with a third party SN that the
user has linked to a Alumnifire Account.
"SN Content" refers to Content associated with a user's SN Account that
is accessed, stored, and/or made available on the Service. This Content can
include but is not limited to a user's name, location, biographical details,
and images associated with their SN Account.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT),
goods and services taxes (GST) and other similar municipal, provincial,
state and federal indirect or other withholding and personal or corporate
"Terms" is shorthand for these Terms of Service.
1.3 Communicating with us digitally
When you visit the Site or App or send us e-mails, you are communicating
with Alumnifire digitally. By doing this, you're agreeing to receive
communications from us digitally, and those communications satisfy any
requirement to deliver those communications in writing. It's a bit easier
than writing a letter these days, and we like to save paper. When we need
to tell you something, we'll either send you an e-mail or post notices on
the Site or App. If you register for an account on Alumnifire, you agree to keep
your email associated with the Alumnifire Account current.
1.4 Modifying this Agreement
Alumnifire is a young and growing company, and as such we may need to update this
to the Site and App and update the effective date listed at the top. Once that
happens, the new Agreement goes into effect immediately, and if you continue using
the Service we'll take that to mean your acceptance of the new Agreement.
2. The Service
2.1 Alumnifire is a venue
Alumnifire is a venue. What we mean by this is that while we provide the
offerings defined by the Service, it's Members of the Service, not Alumnifire,
who create and provide Member Content, which is the substance of Exchanges.
Examples of the types of offerings Alumnifire contributes are 1) connecting Members
to exchange information, 2) scheduling Exchanges, 3) providing email notification
of updates associated with an Exchange, 4) hosting Collective Content, 5) integrating
with payment collection and distribution services, and 6) otherwise facilitating
Exchanges. Alumnifire is not a party to Exchanges or any other conversations between
Alumnifire is not required to verify the credentials of or information provided by
any of its Members, but, because we're nice people, we strive to ensure the validity of
Members on the Service so you can feel good about using it. Keep in mind, Members are
not employees or agents of Alumnifire. Being a venue means that Alumnifire is not
responsible for Member Content, any other Content or information provided as part of
an Exchange or any other communication or agreements between Members, or liable for
any loss or damage created as a result of your reliance on information provided by
Members or contained in Member Content.
What we're saying is that you use the Service and any information you get access to as
a result at your own risk.
Let us get one more disclaimer out of the way. Information and Content you
access via the Service is for general information purposes only. It should
not be considered a substitute for an in-person visit, evaluation, or
professional service. You may want to review laws, regulations, standards,
practices and procedures that apply to your particular situation as they
may differ depending on your location and specifics. Additionally,
Members may represent certain licenses, certifications, employment, or
education credentials. While we ask all Members to represent themselves as
accurately as possible, their profile on Alumnifire should not be construed
as validation of their credentials by Alumnifire. Bottom line, don't believe what
a Member says just because they are listed on the Service, you'll need to
make that judgment yourself.
At the risk of sounding repetitive (we repeat this concept because it's
that important), we reiterate that the Service is a venue intended to
facilitate Member interaction. Alumnifire cannot and does not edit, modify,
filter, screen, monitor, control or guarantee any Member Content or information
exchanged between Members via the Service. Alumnifire is not responsible for
and disclaims any and all liability related to Member Content and information
provided under the Service. Accordingly, Members use the service at their
2.2 Your communications are not confidential
We promise to be clear with you and tell you how you can expect your
information to be used when using the Service. We've even got a great
information and privacy. You should read it. However, it's important that
we call out specifically here in the Terms that your communications and
Content on the Service are not confidential and shall not be the subject of
any privileges. For example, your communications and Content on the Service
are not subject to doctor-patient privilege, attorney-client privilege, or
any other privilege. Communications on Alumnifire are limited as described in
these Terms, do not involve in-person evaluations or visits, and and as
such do not include safeguards and procedures typical of in-person
evaluations and visits. Additionally, your communications and Content may
be indexed by search engines or otherwise publicly exposed.
2.3 Registering for an account on the Service
If you visit the Site or App without registering for the Service, you'll be
able to see limited Content; however, to use the full functionality of the Service
including, but not limited to, creating an Exchange, you'll first need an Alumnifire
Account. You may register directly via the Site or App or as described in this
Third Party Registration: Many online services allow you to register for
an account using third party social networking service credentials because
it is faster and easier than creating an account manually. We too allow you
to register for a Alumnifire Account in this way via our Site or App, but there
are a number of conditions you should keep in mind when you decide to
create a Alumnifire Account. As we describe those conditions below, we'll use the
shorthand "SN" to refer to these sites individually or collectively as
a group and "SN Account" to refer to your credentials with a third
party SN. These social networks can be services like LinkedIn or Facebook,
but we may add others or remove them as registration options from time to
In order either to create a Alumnifire Account using your credentials with a SN
Account or to link your Alumnifire Account and a SN Account, you'll need to
provide the Service with those credentials or other access to that account.
By doing so, you're (i) representing that you are legally entitled to
provide those credentials or that access to the Service and (ii) granting
the Service access to that SN Account, and (iii) representing that these
actions on your part do not violate any of the terms and conditions that
govern your use of that SN Account with the relevant SN. Effectively, you
are agreeing that Alumnifire is not responsible for any fees, usage limitations,
or other ramifications that may be imposed by the third party SN when you
connect a SN Account on the Service.
When you grant us access to SN Accounts, recognize that you are also
granting us additional rights to Content associated with those SN Accounts
("SN Content"). SN Content can and typically does include your user
name, full name, location, email address, profile image, and friends or
connections on that SN, but it can also include other Content. We will
access, store, and make available SN Content via your Alumnifire Account. All
SN Content is considered Member Content for purposes of these Terms. Depending
on the SN Accounts you choose, you may be able to control our access to certain
types of SN Content and personal information through that third party SN's
privacy settings. You may also disable the connection between your Alumnifire
Account and your SN Accounts by updating your Alumnifire Account "Settings."
Keep in mind that your relationship with the third party SN associated with
your SN Accounts is governed solely by your agreement(s) with that SN.
We will create your Alumnifire Account and your profile page for your use of
the Service based upon the personal information you provide to us or that we
obtain via a third party SN as described above. No user may have more than one
(1) active Alumnifire Account. You agree to provide accurate and complete
information during the registration process and to keep such information
current. If you violate these terms, we may suspend or terminate your
Alumnifire Account and access to the Service. You are responsible for
safeguarding your password. You agree not to disclose your password to any
third party except in accordance with these Terms and to take sole
responsibility for any activities or actions under your Alumnifire Account,
regardless of whether you have authorized such activities or actions. If you
detect unauthorized use of your Alumnifire Account, notify us immediately.
2.4 Offering paid products and services
As of the date on these Terms, we do not support the ability to offer paid
products and services as a Member of the Service. However, we may in the future,
and these are the rules and expectations for such a feature. To offer such paid
options, you'll need to submit additional personal information not required for
an Alumnifire account. This required personal information may include details of
your expertise or products, pricing and other financial terms applicable to your
offering, and additional images. Such information may be made available to
both Members and non-Member users through the Service. Alumnifire collects such
information through a form on the Site or App, but completing this form does not
guarantee the approval and publication of your offerings. We may ask you to edit
or modify such information before approving and posting it to the Service to
comply with Alumnifire guidelines or for any other reason. We also reserve the
right to reject and prevent publication of such offerings outright, with or
without explanation. You agree that you have no legal remedy that would compel
Alumnifire to publish such offerings. If you find these conditions a bit strict,
recognize that they exist to protect the quality of the Service, Members on the
Service, and your experiences and interactions with both.
If you decide to offer products or services through the Sevice, you agree that
you cannot alter the price or financial terms of an Exchange after a Member has
requested the Exchange.
Any additional Content supplied as a result of creating a product or service
offering shall be considered Member Content for purposes of these Terms. More
specifically, you are solely responsible for such Content. Depending on your
profession and situation, you may be subject to additional laws, rules, or
regulations. You also agree that you alone are responsible for ensuring that your
use of the Service and any agreements you may enter into with other Members as a
result of your use of the Service comply with applicable laws, rules and
regulations, Tax requirements, and any other agreements you may have with
Alumnifire may at any time and without prior notice remove or disable any
paid product or service offerings for any reason. Reasons for removal may include,
but are not limited to, Content considered objectionable by Alumnifire at our sole
discretion, Content or actions that violate these Terms, or Content or actions
that otherwise may harm the Service.
2.5 Addendum for Members bound by NCAA rules
Many communities on the Service are also member organizations of the National
Collegiate Athletic Association ("NCAA"), and thus bound to their rules. You agree
that, should such rules apply to you, you will not violate them while using the
NCAA rules regulate contact between representative of athletics interests
(collectively, "boosters" and individually a "booster") and current student-athletes
as well as their families and friends. A booster is defined as an individual or
- Has participated in or is a member of an agency or organization as described that
promotes an intercollegiate athletics program;
- Has made financial contributions to an athletics department or to an athletics
- Has been requested by an athletics department staff to assist in the recruitment
of prospective student-athletes or is assisting in the recruitment of prospective
- Has assisted or is assisting in providing benefits to enrolled student-athletes; or
- Is otherwise involved in promoting an intercollegiate athletics program.
In general, a booster may not provide anything or make special arrangements for
student-athletes, or their friends or families, that are not available to the general
Boosters are prohibited from the following:
- Providing direct or indirect academic assistance;
- Providing room and/or board or transportation for a student-athlete with eligibility
- Entertaining student-athletes or their friends or relatives other than an occasional
home meal pre-approved by an athletics compliance office,
- Using the name or picture of a current student-athlete to promote a commercial
product or service,
- Providing the use of an automobile to a student-athlete for any purpose,
- Providing an award or gift to a student-athlete
- Purchasing complimentary admissions from a current student-athlete, or provide an
honorarium for a speaking engagement.
It is permissible for alumni and boosters to employ current student-athletes.
Compensation must be based on work actually performed and at a rate commensurate with
the going rate in the locality for services of like character. Earnings may not be
based on the publicity, reputation, or notoriety generated from the student-athlete’s
Please note the following restrictions regarding the employment of student-athletes:
- Employers may not advertise a student-athlete’s employment to generate extra business,
nor may they use a student-athlete’s name or picture to advertise, promote, or recommend
the sale or use of any commercial product or service.
- A student-athlete cannot endorse a company or employer through public advertising
- Student-athletes cannot be provided with any benefits not provided to other employees.
This includes the use of vehicles, transportation to or from work, meals, loans,
advances, or time off with pay.
- Any employment arrangement must be approved by an athletics compliance office.
- A timecard must be kept for all student-athletes you employ.
- Student-athletes may not be paid using cash; check and direct deposit are acceptable
forms of payment.
3. Financial Terms
3.1 Offering paid products and services
When another Member wants to purchase an offering from you via the Service, we
will share with you the username of the Member and the details of his or her
request. Such notification may come via email, text message, Tweet, or App
For simplicity, we'll refer to the amount a Member must pay associated with
an Exchange as the "Exchange Fee." Exchange Fees may be set by Alumnifire or
directly by the provider of an offering, and are listed on the Service in U.S.
dollars. Where applicable, Members that offer services on the Service that are
compensated on a per minute or per hour rate will list an "Exchange Fee Rate"
for those services. For such services, the amount of time associated with the
Exchange multiplied by the Exchange Fee Rate equals the Exchange Fee. That's
the most math you'll need to do when reading through the Terms.
Also associated with an Exchange is the "Service Fee" collected by Alumnifire
in consideration of the Service. The Service Fee is calculated based on a
percentage of Exchange Fees collected on your behalf, and listed directly on the
Service. When you complete an Exchange, we calculate the Exchange Fee and Service
Fee, collect the Exchange Fee, deduct the applicable Service Fee,
and remit the balance of the Exchange Fee to you via a third party payments provider,
ACH transfer (automated clearing house) or such other payment methods as may be
listed on the Site or via the App, in U.S. dollars. Except as otherwise provided
herein, Service Fees are non-refundable.
3.2 Purchasing paid products and services
When you purchase an offering from another Member, recognize that you are agreeing
to the financial terms described in this section 3.2. In addition to these Terms
there will be terms, conditions, rules and restrictions associated with the
individual offering and resulting transaction between you and the other Member.
Often these terms will include the pricing terms of the Exchange, but they may
also include other terms. You, not Alumnifire, are responsible for performing the
obligations of any such agreements. Alumnifire is not a party to such agreements and
disclaims all liability arising from or related to any such agreements.
When making a purchase, you agree to pay Alumnifire all applicable Exchange Fees. In
order to create an Exchange, we may need to either pre-authorize your credit card to
ensure your ability to pay or charge the full amount of the Exchange Fee and place
the proceeds into an escrow account maintained by our payments provider. You
understand and agree that Alumnifire reserves the right, at its sole discretion, to
either obtain a pre-authorization of your credit card, charge your credit card a
nominal amount, not to exceed one U.S. dollar ($1) in order to prove your ability to
pay, or charge your credit card the full amount of the Exchange Fee and place the
proceeds in an escrow account as described above. Once you and the other Member
complete an Exchange, Alumnifire will either process and collect the Exchange Fees
payable or distribute the appropriate proceeds from the escrow account in accordance
with these Terms and the terms of the offering. You should also keep in mind that
your bank or credit card provider may collect additional fees for different types of
charges, debits, or deposits to your account. We cannot control these types fees if
they are charged related to our collection of the Exchange Fees, and Alumnifire
disclaims all liability in this regard.
In order to charge you, we or our third party payments processor will ask
you to provide customary billing information such as name, billing address
and credit card information. You agree to pay Alumnifire for any completed
Exchanges in accordance with these Terms by one of the methods described on
the Site or App,. You hereby authorize the collection of such amounts by charging
the credit card provided as part of requesting the Exchange, either directly by
Alumnifire or indirectly, via a third party payment processor or by one of the
payment methods described on the Site or App. If you are directed to Alumnifire's
third party payment processor, you may be subject to terms and conditions
governing use of that third party's service and that third party's personal
information collection practices, and you will want to review those terms
before you use their services. We will provide you a transaction history
for completed Exchanges either via email notification or a private
dashboard on the Site or App.
3.3 Requesting a refund
Once you've selected and paid for a service or product offering, there may be rare
cases in which the Member offering the product or Service clearly does not fulfill
his or her obligations as a seller. In such cases, such as an unresponsive seller,
you are entitled to a full refund. In cases that aren't as clear (i.e. the selling
Member made reasonable effort to fulfill his or her obligations but you aren't
happy with the result), we will work with you to find an equitable resolution, but
do not guarantee a refund. Any refunds we do offer in such circumstances do not set
a precedent for similar situations in the future.
Under any circumstance, though, your satisfaction is our utmost priority and we may
offer additional services as an alternative to a refund including, but not limited
to, Alumnifire Content or the ability to transfer the Exchange to another Member
on the Service. We may offer a reduced Exchange Fee, and specific terms would be
listed in communication you receive from us in such cases.
Finally, we may, from time to time, offer refunds, deals, rebates or other
reductions to the Exchange Fee for specific Members or Exchanges. It's because we
like you. When we make these offers, they will contain their own terms, are
specific to the individual or situation defined in those terms, and do not limit
or define any section of this Agreement.
In cases where you would like to request a refund, you must do it within
thirty (30) days. Otherwise, you agree that Alumnifire may retain your payment in
consideration of access to the Service.
If you believe you have been improperly charged and require a refund,
please contact us at email@example.com.
3.4 Tax responsibility
When money changes hands, rest assured that Uncle Sam will want his cut. By
using the Service, you may create additional Tax reporting needs on
yourself. Such needs are for you and your tax advisors to determine, and
you recognize and agree that such needs are your responsibility alone. We
cannot and do not offer Tax-related advice or reporting to any Members of
4. User Policies
4.1 You must be 13 to enter
Alumnifire is intended for teens and adults age 13 or older. If you're younger
than 13, you'll have to wait until you are 13 to use the Service. Life is like
that. By continuing to access and use the Service you represent and warrant that
you are 13 or older and able to form legally binding contracts, and that your use
of the Service and acceptance of these Terms do not violate any applicable laws,
rules, regulations, Tax requirements, or agreements with third parties that bind
you. Additionally, if you are younger than 18, you'll need parental consent in
You cannot use the Service without such consent.
4.2 Alumnifire doesn't endorse users or third parties
We're all adults here (or at least operating with adult supervision, anyway -- if
not you should re-read section 4.1), and as such we expect Members and users to
use good judgment and take responsibility for their own actions. Alumnifire does
not endorse any of its Members. While Members are required to provide accurate
information, we do not confirm any Member's identity or credentials. You are
responsible for determining the suitability of others who you contact via the
We do not guarantee that you will receive a response from another Member, or
that you will be satisfied with Exchanges or Member Content. You can read our
refund policies in section 3.3. You must evaluate on your own any Member Content
you consume for accuracy, quality, and usefulness. Making use of information
contained in Member Content outside the Service is done at your own risk. If you
believe you have a claim as a result of your interaction with other Members or
third parties on the Service, you agree to seek any legal or other remedy solely
from the third party that caused you harm and not Alumnifire.
From time to time, we may offer you products and services from third parties.
If we do we may include their information, logos, links, or names on the Site or
App. Doing so is not an endorsement of any such third party, its products, or its
services. You're on your own and must determine its suitability independently if
you decide to utilize its products or services.
4.3 Terminating and deactivating this Agreement and your account
We may, in our discretion and without liability to you, with or without
cause, with or without prior notice and at any time: (a) terminate these
Terms or your access to our Service, and (b) deactivate or cancel your Alumnifire
Account. If this were to happen, we would promptly pay you any amounts we
owe you, as we reasonably determine in our discretion or which we are
legally obligated to pay you. Likewise, you would remain liable for all
amounts you owe to Alumnifire hereunder.
You may cancel your Alumnifire Account at any time by contacting Alumnifire at
firstname.lastname@example.org. We will typically
complete a cancellation within seven (7) business days after our receipt of
your notice. Keep in mind that if your Alumnifire Account is cancelled, we are
not obligated to delete or return to you any Content you have posted to the
Service, including, but not limited to, any reviews or Feedback.
4.4 How you're expected to conduct yourself on the Service
Alumnifire can't possibly know the situation of every single user of the Service,
and as such we can't guarantee that your use of the Service won't violate
laws, rules, regulations, Tax obligations, or contracts that apply to you.
So be careful, because by using the Service you take responsibility to
ensure your compliance with applicable requirements.
Furthermore, there are a number of different types of use of the Service
that are prohibited. Collectively, you might summarize these rules as
"don't break the law," "don't steal," and "be honest". However, we've
bulleted out the specifics below to cover all the bases.
When using our Service, you recognize that it is prohibited to, and you
agree that you will not:
- break the law, or, more specifically, violate any local, state,
provincial, national, or other law or regulation, or any order of a
court, including, without limitation, zoning restrictions and Tax
- use the Service for any commercial or other purposes that are not
expressly permitted by these Terms or copy, store or otherwise access
any information contained on the Service or Content for purposes not
expressly permitted by these Terms;
- use manual or automated software, devices, scripts robots, or other
means or processes to access, "scrape", "crawl" or "spider" any web
pages or other services contained in the Service;
- systematically retrieve data or other Content from our Service to
create or compile, directly or indirectly, in single or multiple
downloads, a collection, compilation, database, directory or the like,
whether by manual methods, through the use of bots, crawlers, or
spiders, or otherwise;
- use automated scripts to collect information or otherwise interact with
- attack the Service, or otherwise interfere with or damage our Service,
including, without limitation, through the use of viruses, cancel bots,
Trojan horses, harmful code, flood pings, denial-of-service attacks,
packet or IP spoofing, forged routing or electronic mail address
information or similar methods or technology;
- infringe the rights of any person or entity, including without
limitation, its intellectual property, privacy, publicity or
- use our Service to distribute unsolicited commercial email ("spam") or
advertise services unrelated to information and expertise, except as
expressly allowed by these Terms;
- use our Service to transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others without their permission, personal contact
information or credit, debit, calling card or account numbers;
- register for more than one Alumnifire Account or register for a Alumnifire Account
on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent
yourself or your affiliation with any person or entity;
- "stalk" or harass any other user of our Service or collect or store any
personally identifiable information about any other user other than for
purposes of transacting as a Member;
- recruit or otherwise solicit any other Member to join third party
services that are competitive to Alumnifire, without Alumnifire's prior written
- contact a Member for any purpose other than the purposes explicitly
provided in the Terms;
- circumvent the obligation to pay any fees related to Alumnifire's provision
of the Service by creating an Exchange outside the Service;
- attempt to publish an offering with false or misleading
information, or with a price you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i)
infringes, misappropriates or violates a third party's patent,
copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy; (ii) violates, or
encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or
group; (vi) is violent or threatening or promotes violence or actions
that are threatening to any other person; or (vii) promotes illegal or
harmful activities or substances;
- use, display, mirror or frame the Site or App, or any individual
element within the Service, Alumnifire's name, any Alumnifire trademark, logo or
other proprietary information, or the layout and design of any page or
form contained on a page, without Alumnifire's express written consent;
- access, tamper with, or use non-public areas of the Site or App, Alumnifire's
computer systems, or the technical delivery systems of Alumnifire's service
- attempt to probe, scan, or test the vulnerability of any Alumnifire system or
network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Alumnifire or any of
Alumnifire's providers or any other third party (including another user) to
protect the Service or Collective Content;
- forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Service or
Collective Content to send altered, deceptive or false
- attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Service or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the
We do take violations of the above rules seriously, and may prosecute
violators to the fullest extent allowed by law. If we need to involve law
enforcement, we will.
Alumnifire may, but has no obligation to, monitor your access or use of the
Service or Collective Content or review or edit any Member Content. Alumnifire
may, at any time and without prior notice, remove or disable access to any
Collective Content that Alumnifire, at its sole discretion, considers to be
objectionable for any reason, in violation of these Terms or otherwise
harmful to the Service, or just plain disgusting.
5. Licenses and Ownership
5.1 License to use the App
Assuming you comply with the Agreement, Alumnifire grants you a non-exclusive,
non-transferable, revocable limited license to access and use the App using
a mobile or desktop device solely for your own personal use. You agree you won't use
the App for any other purpose and that you have no additional rights in the
App other than those defined explicitly here in section 5.1.
5.2 License to access and view Content
Assuming you comply with the Agreement, Alumnifire grants you a non-exclusive,
non-transferable, revocable limited license, to (i) access and view any
Alumnifire Content solely for your own personal and non-commercial use and (ii)
access and view any Member Content to which you are permitted access,
solely for your own personal and non-commercial use. You agree that you
won't use Alumnifire Content or Member Content for any other purpose and that you
have no additional rights in Alumnifire Content or Member Content than those
defined explicitly here in section 5.2.
Additionally, don't plagiarize. You agree not to use, copy, adapt, modify,
prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise
exploit the Service or Collective Content, except as expressly permitted in
5.3 Content that you create
Alumnifire is designed to allow you to post, upload, publish, submit or transmit
Member Content. When you do so, you own that Content, but you also grant
Alumnifire a worldwide, irrevocable, perpetual, non-exclusive, transferable,
royalty-free license, with the right to sublicense, to use, view, copy,
adapt, modify, distribute, transfer, publicly display, publicly perform, transmit,
stream, broadcast, access, view, and otherwise exploit such Member Content on,
through, or by means of the Service. Nothing in these Terms will be deemed to
restrict any rights that you may have to use and exploit any such Member Content.
You are also responsible for any Member Content that you create or publish
on the Service. Thus, when adding that Content to the Service, you're
telling us that you have the legal right to do so. More specifically, you
represent and warrant that: (i) you either are the sole and exclusive owner
of all Member Content that you make available through the Service or you
have all rights, licenses, consents and releases that are necessary to
grant Alumnifire the rights in such Member Content, as contemplated under these
Terms; and (ii) neither the Member Content nor your posting, uploading,
publication, submission or transmittal of the Member Content or Alumnifire's use
of the Member Content (or any portion thereof) on, through or by means of
the Service will infringe, misappropriate or violate a third party's
patent, copyright, trademark, trade secret, moral rights or other
proprietary or intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
5.4 Even more about licenses
Section 5 describes all applicable licenses granted to you as a
Terms-abiding user of our Service. No licenses or rights other than those
explicitly defined in this section 5 are granted to you by implication or
otherwise under any intellectual property rights owned or controlled by
Alumnifire or its licensors.
5.5 We own the Service
The Service and Collective Content are protected by copyright, trademark,
and other laws of the United States and foreign countries. Accepting the
Terms means you and agree that the Service and Collective Content,
including all associated intellectual property rights is the exclusive
property of Alumnifire and its licensors. You will not remove, alter or obscure
any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Service or Collective Content. That
would just be mean.
6. General Provisions
for information and notices concerning Alumnifire's collection and use of your
6.2 Links to other sites and services
You may find links to third-party websites or resources on the Service or
as part of Collective Content. Alumnifire, of course, doesn't control the
internet, so you'll understand that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the
content, products, or services on or available from such websites or
resources. And you'll remember our endorsement policy from section 4.2.
Links on our Service to third party websites or resources do not constitute
our endorsement of them or their content, products, or services.
Consequently, you're at your own risk if you utilize any of the offerings
of such third parties.
6.3 Notice about proprietary rights and trademarks
Any trademarks, service marks, logos, trade names and other proprietary
designations of Alumnifire that you see here in the Terms are trademarks or
registered trademarks of Alumnifire. Any other trademarks, service marks, logos,
trade names and other proprietary designations of others that you see in
other places on the Site or App are their trademarks or registered
6.4 Infringing copyright
Alumnifire respects copyright law and expects its users to do the same. We're a
respectful bunch. It is Alumnifire's policy to terminate in appropriate
circumstances the Alumnifire Accounts of Members who infringe or are believed to
be infringing the rights of copyright holders.
6.5 Disclaimers galore
And you thought we had disclaimed and waived liability for everything we
possibly could at this point. Joking aside, we include this section to
protect our business, and it's important for you as a user to know where we
consider the line of what we're responsible for and what you and other
users are. This section helps define that line.
If you use the service, you do it at your own risk. By doing so you are
agreeing to several things regarding our Service as follows (we use bold
font here to make this section stand out). As you read this, if you aren't
a lawyer, you may be confused by the term "warranty." A plain English
translation for this is roughly "guarantee," "promise" or "commitment," so
when we say that we "disclaim any warranty" regarding something that means
we aren't promising that the Service will offer whatever comes next. We
provide this translation to help you read the Terms more easily, but it
does not limit the legal definition of "warranty" with respect to this
Agreement in any way.
- Alumnifire has no obligation to conduct background checks on any Member.
- The Service and Collective Content are provided "as is," without
warranty of any kind, either express or implied.
- Without limiting the foregoing, Alumnifire explicitly disclaims any
warranties of merchantability, fitness for a particular purpose, quiet
enjoyment or non-infringement, and any warranties arising out of course
of dealing or usage of trade.
- Alumnifire makes no warranty that the Service or Collective Content will meet
your requirements or be available on an uninterrupted, secure, or error-free basis.
- Alumnifire makes no warranty regarding the quality of any offerings,
the Service, Collective Content or any information provided via
Exchanges, or the accuracy, timeliness, truthfulness, completeness or
reliability of any Collective Content obtained through the Service or
any information provided via Exchanges.
- No advice or information, whether oral or written, obtained from Alumnifire
or through the Service or Collective Content, will create any warranty
not expressly made herein.
- You are solely responsible for all of your communications,
interactions with other users of the Service and with other persons you
discover as a result of your use of the Service. You will take
reasonable precautions in all such communications and interactions
regardless of whether such communications or interactions are organized
by Alumnifire. Alumnifire does not make any attempt to verify the statements of
users of the Service.
6.6 Limitation of liability
This section includes a fair bit of legalese, so we'll provide plain
English translations to help you comprehend the terms. The translations are
not intended to, and do not, limit or define the sections they describe in
any way, so read the sections in full. We will emphasize the legal
provisions using bold font.
You acknowledge and agree that, to the maximum extent permitted by law,
the entire risk arising out of your access to and use of the Service,
Collective Content, or Exchanges via the Site and App, and
any contact you have with other users of the Service whether in person, by
phone, online, or other means remains with you. Neither Alumnifire nor any other
party involved in creating, producing, or delivering the Service or
Collective Content will be liable for any incidental, special, exemplary,
or consequential damages arising out of or in connection with these Terms,
the use of or inability to use the Service or Collective Content, or any
communications or interactions with other users of the Service or with
other persons you discover as a result of your use of the Service. Such
limitation of liability holds true regardless of whether such included
damages are based on warranty, contract, tort (including negligence),
product liability or any other legal theory and regardless of whether Alumnifire
has been informed of the possibility of such damages, even if a limited
remedy set forth herein is found to have failed of its intended purpose.
Types of damages covered by this provision include, but are not limited
- lost profits
- loss of data
- loss of goodwill
- service interruption
- computer damage
- system failure
- personal or bodily injury
- emotional distress
Translation: If bad things happen to you (generally referred to as
"damages") when you use Alumnifire, Alumnifire is not responsible, to the greatest
extent allowed by law.
In no event will Alumnifire's aggregate liability arising out of or in
connection with these Terms and your use of the Service exceed the amounts
you have paid or owe as a Member for Exchanges made via the Service in the
twelve (12) month period prior to the event giving rise to the liability,
or one hundred U.S. dollars ($100) if no such payments have been made. The
limitations of damages set forth above are fundamental elements of the
basis of the bargain between you and Alumnifire. Some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, so the above limitation may not apply to you.
Translation: If bad things (again "damages") happen to you and Alumnifire is
found to be responsible and liable, the most you can ask for is your money
back that you've spent with Alumnifire in the preceding year.
You agree to release, indemnify, and hold Alumnifire and its affiliates and
subsidiaries, and their officers, directors, employees and agents, harmless
from and against any claims, liabilities, damages, losses, and expenses,
including but not limited to reasonable legal and accounting fees, arising
from (i) your use of the Service or Collective Content; (ii) your violation
of these Terms; (iii) your Member Content; (iv) your interaction with any
Member, reliance on any information exchanged via the Service; or (v) any
violation by you of applicable law or contract terms with a third party to
which you are subject. Alumnifire shall have the right to control all defense
and settlement activities.
Bottom line: we aren't responsible for your actions if they get you into
trouble, and you'll cover any resulting losses we may suffer.
6.8 Export control and restricted countries
You may not and will not use, export, re-export, import, or transfer the
App except as authorized by United States law, the laws of the jurisdiction
in which you obtained the App, and any other applicable laws. In
particular, but without limitation, the App may not be exported or
re-exported: (a) into any United States embargoed countries; or (b) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce's Denied Person's List or
Entity List. You'll also recall the representation you make in section 1.1
that you are neither located in a sanctioned country nor a prohibited
person. You agree that you will not use the Service for purposes prohibited
by U.S. law, including the development, design, manufacture or production
of missiles, or nuclear, chemical or biological weapons. Of course you've
already agreed several times now in this Agreement not to break the law.
Consistent with U.S. embargo restrictions, Alumnifire does not permit offerings
associated with certain countries.
6.9 Give us feedback! And also report misconduct
We welcome and encourage you to provide feedback, comments and suggestions
for improvements to the Service (things we like to call "Feedback").
Just email us at email@example.com to
send us Feedback. We love hearing from you! Of course, by doing so, you
agree that such Feedback will be the sole and exclusive property of Alumnifire
and you hereby irrevocably assign to Alumnifire and agree to irrevocably assign
to Alumnifire all of your right, title, and interest in and to all Feedback and
the intellectual property rights therein, including without limitation all
worldwide patent, copyright, trade secret, moral and other proprietary
rights. If we're really interested in your Feedback, then at our request
and expense you will execute documents and take such further acts as Alumnifire
may reasonably request to assist Alumnifire to acquire, perfect, and maintain its
intellectual property rights and other legal protections for the Feedback.
In addition, if you feel any user is acting or has acted inappropriately,
including but not limited to, anyone who (i) engages in offensive, violent
or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii)
engages in any other disturbing conduct, you should immediately report such
person to the appropriate authorities and to Alumnifire. Let's keep the Service
6.10 You cannot assign or transfer this Agreement
You may not assign or transfer these Terms, by operation of law or
otherwise, without Alumnifire's prior written consent. If you try to do so
without our consent, such attempt will be null and void and of no effect.
Alumnifire may assign or transfer these Terms, at its sole discretion, without
restriction. Subject to the foregoing, these Terms will bind and inure to
the benefit of the parties, their successors and permitted assigns.
6.11 We will notify you of changes
Unless otherwise specified herein, any notices or other communications
permitted or required hereunder, including those regarding modifications to
these Terms, will be in writing and given by Alumnifire (i) via email (in each
case to the email address associated with your Alumnifire Account) or (ii) by
posting to the Site or App. If we go the email route, the date of receipt
will be deemed the date on which such notice is transmitted.
6.12 Severability of the Agreement
This Agreement is intended to govern the agreement between you and Alumnifire in
accordance with and to the extent permitted by all applicable laws,
ordinances, rules, and regulations. Should any provision of these Terms or
the application thereof to any person or circumstance, for any reason or to
any extent, be determined invalid or unenforceable, but the extent of such
invalidity or unenforceability does not destroy the basis of the bargain
among the Members as expressed herein, the remainder of this Agreement and
the application of such provision to other persons or circumstances shall
not be affected thereby, but rather shall be enforced to the greatest
extent permitted by law.
6.13 New York law governs this Agreement
Alumnifire is based in Brooklyn, so we use New York law to govern our operations.
Thus, the law of the State of New York (without reference to its choice of
law principles) shall govern these Terms. Subject to section 6.14, you and
we agree to submit to the personal jurisdiction of a state court located in
Kings County, New York for all matters arising in connection with these
Terms or your use of the Service.
6.14 Dispute resolution process
You and Alumnifire agree that any dispute, claim or controversy arising from or
relating to this Agreement, the breach, termination, enforcement,
interpretation, or validity thereof, or your use of the Service (we'll call
them "Disputes") will be settled by binding arbitration, except that
each party retains the right to seek injunctive or other equitable relief
in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents, or other intellectual property rights.
You and we both hereby waive the right to a trial by jury or to
participate as a plaintiff or class member in any purported class action or
representative proceeding. Further, unless both you and Alumnifire otherwise
agree in writing, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of any class or
representative proceeding. Should this specific provision be held
unenforceable, then the entirety of this "Dispute Resolution" section 6.14
will be deemed void. Except as provided in the preceding sentence, this
"Dispute Resolution" section 6.14 will survive any termination of this
Arbitration Rules and Governing Law.
Arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the "AAA
Rules") then in effect, except as modified by this "Dispute Resolution"
section 6.14. (The AAA Rules are available at
adr.org or by calling the AAA at
1-800-778-7879.) The Federal Arbitration Act will govern the interpretation
and enforcement of this section.
A party who desires to initiate arbitration must provide the other party
with a written Demand for Arbitration as specified in the AAA Rules. (The
AAA provides a form Demand for Arbitration at
adr.org. The arbitrator will be either
a retired judge or an attorney licensed to practice law in the state of New
York and will be selected by the parties from the AAA's roster of consumer
dispute arbitrators. If the parties cannot agree upon an arbitrator within
seven (7) days of delivery of the Demand for Arbitration, then the AAA will
appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and Alumnifire otherwise agree, the arbitration will be conducted in
the county where you reside. If your claim does not exceed ten thousand
U.S. dollars ($10,000), then the arbitration will be conducted solely on
the basis of documents you and Alumnifire submit to the arbitrator, unless you
request a hearing or the arbitrator determines that a hearing is necessary.
If your claim exceeds ten thousand U.S. dollars ($10,000), your right to a
hearing will be determined by AAA Rules. Subject to the AAA Rules, the
arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
The arbitrator will render an award within the time frame specified in the
AAA Rules. The arbitrator's decision will include the essential findings
and conclusions upon which the arbitrator based the award. Judgment on the
arbitration award may be entered in any court having jurisdiction thereof.
The arbitrator's award damages must be consistent with the terms of the
"Limitation of Liability" section 6.6 as to the types and the amounts of
damages for which a party may be held liable. The arbitrator may award
declaratory or injunctive relief only in service of the claimant and only to
the extent necessary to provide relief warranted by the claimant's
individual claim. If you prevail in arbitration you will be entitled to an
award of attorneys' fees and expenses, to the extent provided under
Your responsibility to pay any AAA filing, administrative and arbitrator
fees will be solely as set forth in the AAA Rules. However, if your claim
for damages does not exceed seventy five thousand U.S. dollars ($75,000),
Alumnifire will pay all such fees unless the arbitrator finds that either the
substance of your claim or the relief sought in your Demand for Arbitration
was frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Digital Communication and
Modifications" section 1.3, should we amend this "Dispute Resolution"
section 6.14 at a point in which you had already accepted this Agreement
and this section, you will be notified of the amendment in accordance with
this Agreement. If your intent is to reject any such change, you must do so
by sending us written notice (including by email to
firstname.lastname@example.org) within 30 days of
the date such change became effective, as indicated by the effective date
listed at the top of the Terms or the date of Alumnifire's email to you notifying
you of such change. By rejecting any change, you are agreeing that you will
arbitrate any Dispute between you and Alumnifire in accordance with the
provisions of this "Dispute Resolution" section 6.14 as of the date you
first accepted these Terms or accepted any subsequent changes to these
6.15 This Agreement is the entire Agreement
This Agreement constitutes the entire and exclusive understanding and
agreement between Alumnifire and you regarding the Site, App, Service, Collective
Content and any Exchanges made via the Site or App, and
this Agreement supersedes and replaces any and all prior oral or written
understandings or agreements between you and Alumnifire regarding the same. This
is the whole shebang.
6.16 If we don't enforce our rights, it doesn't forego or reduce our rights
If we fail to enforce any right or provision of this Agreement, such action
does not constitute a waiver of future enforcement of that right or
provision. Such a waiver will be effective only in writing and signed by an
authorized representative of Alumnifire. Our rights and remedies under this
Agreement are cumulative and the exercise of any such right or remedy does
not limit our ability to exercise any other such right or remedy.
7. Get in touch with us
If you have suggestions or questions about these Terms, you can contact us at:
37 W 26th Street, Suite 207
New York, NY 10010
Link to old versions
If you'd like to see older versions of the Terms and track what has changed,
we've posted our revision history on GitHub.