Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time and from time to time. Please check these terms and conditions periodically for changes. Your continued use of ZBT.ORG following the posting of changes to these terms and conditions will mean you accept those changes. RESTRICTIONS ON USE OF MATERIALS This site is owned and operated by ZETA BETA TAU FRATERNITY, INC. (referred to as "ZBT," "we," "us," or "our" herein). No material from ZBT.ORG or any Web site owned, operated, licensed, or controlled by ZBT may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ZBT's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment or in any other fashion or manner is prohibited. All trademarks, service marks, and trade names are proprietary to ZBT, ZBT Enterprises, Inc., and Zeta Beta Tau Foundation, Inc. We own all rights to our name, our antecedents' names, crests, symbols, pins, badges, logos, songs, music, graphics, etc., as well as our service marks, trademarks and trade names. ZBT's antecedents are: Kappa Nu, Phi Alpha, Phi Epsilon Pi, Phi Sigma Delta and Zeta Beta Tau. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by ZBT. ZBT does not transfer title to the Software to you. You own the medium on which the Software is recorded, but ZBT retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. FORUMS AND PUBLIC COMMUNICATION "Forum" means a chat area, bulletin board, or e-mail function offered as part of ZBT.ORG. You shall not upload to, distribute through, or otherwise publish through ZBT.ORG any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other ZBT.ORG guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the House Rules whenever you are using ZBT.ORG. It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of ZBT.ORG and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on ZBT; (2) protect and defend the rights or property of ZBT; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived. TERMINATION These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all ZBT site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from ZBT if in ZBT's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other ZBT site(s) and all copies thereof, whether made under the terms of these terms or otherwise. DISCLAIMER THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZBT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZBT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZBT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ZBT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Further, ZBT.ORG explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from ZBT.ORG from third parties not associated with ZBT. For purposes hereof, any ZBT Chapter, Colony or Alumni group or organization shall be deemed not to be associated with ZBT with respect to their maintenance of any web sites, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such sites, or the sites of any individual, even if that person shall be a member in good standing of the Fraternity. ZBT.ORG encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, ZBT cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. ZBT.ORG cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from ZBT.ORG since other shop channels are owned and operated by independent retailers. ZBT.ORG does not endorse any of the merchandise, nor has ZBT.ORG taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. ZBT.ORG does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ZBT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ZBT OR A ZBT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZBT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on this site should be sent to our Designated Agent: Executive Director, Zeta Beta Tau Fraternity, Inc., 3905 Vincennes Road, Suite 300, Indianapolis, IN 46268-3026. By phone: 317-334-1898. By e-mail: zbt@zbtnational.org. These terms shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Indianapolis and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, accepted by both parties. The section titles herein are for convenience only and have no legal or contractual effect. LAST UPDATED: 08012005