Last modified: August 8, 2016
This TOU is subject to change by TIPS in its sole discretion at any time, and any such changes will be posted on the TIPS Site. Your continued use of the TIPS Site after the date of last revision at the introduction of this TOU will constitute your acceptance of such revisions. In addition, TIPS reserves the right at any time to modify or discontinue, temporarily or permanently, all or any portion of the TIPS Site, with or without notice. You agree that TIPS will not be liable to you or to any third party for any modification, suspension or termination of the TIPS Site.
PLEASE NOTE THAT THIS TOU CONTAINS AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND TIPS AGREE THAT DISPUTES RELATING TO THIS TOU, YOUR USE OF THE TIPS SITE AND ATTENDANCE AT A TIPS EVENT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TIPS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU UNDERSTAND THAT BY USING THE TIPS SITE OR ATTENDING A TIPS EVENT, YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO SECURE RELIEF.
- About TIPS. TIPS hosts and co-hosts TIPS Events, geared primarily to alumni of top colleges and universities, where such alumni can meet, mingle and make connections. Such TIPS Events are offered in select cities at various venues, the details of which can be found on the TIPS Site. Interested persons can sign up on the TIPS Site or via TIPS’s various social media pages to receive newsletters from TIPS about the TIPS Events, or to purchase tickets for TIPS Events. TIPS is not a dating, matrimonial, or social referral or introduction service, and does not match its members with one another for dating or general social contact purposes.
- Membership. TIPS membership is available to individuals who are at least 18 years of age. TIPS does not offer its services to, nor does it collect personal information from, any individuals under 13 years of age. By providing your email address and other required information, whether in connection with attendance at a TIPS Event or in order to receive communication and updates from TIPS, you will become a TIPS member. To the extent you may receive or choose a username and password, you agree to maintain the confidentiality of such information and will be fully responsible for all liabilities and damages that may arise through the use of such username and password. TIPS reserves the right to terminate your membership, refuse your attendance at any TIPS Events, or remove your name from its mailing list(s) at its sole discretion, including without limitation as a result of your violation or threatened violation of any provision of this TOU.
- Standard of Conduct. TIPS strives to offer its members an inclusive, stress-free, and fun environment free from any form of physical, sexual or other forms of harassment or discrimination. To that end, we expect all users of the TIPS Site and members, guests and attendees of TIPS Events to comply with the following guidelines. TIPS reserves the right to terminate your access to the TIPS Site, TIPS Events and/or TIPS membership if you fail to abide by the following guidelines. To that end, here are some standards of conduct when using the TIPS Site or dealing with other attendees of TIPS Events and TIPS employees, volunteers, sponsors or affiliates:
- Do not promote bigotry, hatred, intolerance, or physical harm of any kind against any person or group;
- Do not harass, annoy, threaten, intimidate others;
- Do not defame, abuse, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Do not falsify your identity or your affiliation with any person, school or company;
- Do not misuse, damage, steal or vandalize property that belongs to TIPS, a third party, or the public;
- Do not be in possession or control of illegal drugs, weapons, explosives, or other dangerous or unauthorized materials;
- Do not engage in threatening or violent behavior;
- Do not use vulgar or abusive language;
- Do not engage in disorderly conduct that may endanger others or damage property (this includes, without limitation, any conduct or misconduct as a result of your or your guests’ intoxication at a TIPS Event);
- Do not engage in sexual or other illegal harassment or discrimination;
- Do dress to impress and follow the dress code of the TIPS Events;
- Do not solicit members, conduct surveys, contests, or pyramid schemes;
- Do not violate any code of conduct or other guidelines which may be applicable for any particular event; or
- Do not violate any applicable laws or regulations.
- TIPS Events/Cancellation Policy. TIPS strives to host TIPS Events that are memorable and distinguished. We try to book quality venues that help to support such goal. Such high standards require time and financial resources that our employees, staff, contractors, service providers, co-sponsors, vendors and other affiliates provide. We are happy to provide a full refund for any cancellations that are received within 3 days before the TIPS Event to which it relates. If TIPS cancels any TIPS Event for any reason, ticket purchasers may opt to receive a full refund of the amount paid, or if approved by TIPS, to exchange such ticket for a future TIPS Event. TIPS Events are typically attended by a diverse group of people, and just like any other social event, you should balance the fun such events can provide with the caution and good judgment that should be exercised by everyone when meeting new people.
- Release for Use of Your Photo and Likeness. In connection with TIPS Events, we often take photos and videos of such events, or capture such events in other audiovisual formats (collectively, “Works”). By attending any TIPS Events, you hereby grant TIPS, its sponsors, co-sponsors, promoters, agents, licensees, and successors in interest (the “Released Parties”) the unrestricted, irrevocable, worldwide, sublicenseable, and royalty-free right to copy, modify, publish, publicly display, publicly perform, create derivative works, and otherwise use such Works, including all publicity and likeness rights therein, for any lawful purpose, including without limitation, marketing, promotion, or exhibition purposes. By attending such TIPS Events, you hereby waive or assign to the Released Parties all so-called “moral right” or “droit moral” you may have in and to such Works. You acknowledge that the copyright to such Works, regardless of format or medium in which they may be displayed, belongs to the Released Parties. You waive any right of inspection, approval or payment in connection with the use of the Works by the Released Parties. You release the Released Parties (and all persons acting under its permission and authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Works, including without limitation, any claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Works.
- Ownership and Your Use of the TIPS Site. TIPS and its content suppliers own all right and title in and to the TIPS Site, including without limitation all text, graphics, logos, images and other content thereon. You hereby represent and warrant that you will not use the TIPS Site for any purpose that is unlawful or prohibited by this TOU, or in any manner which could damage, disable, overburden, or impair the TIPS Site or interfere with any other person’s use and enjoyment of the TIPS Site. You further agree that you will not use, copy, distribute, create derivatives from, modify, transmit, publish, reverse engineer, publicly display, publicly perform or otherwise interfere with TIPS and its suppliers’ intellectual property rights in and to the TIPS Site.
- Dealings with Advertisers and Sponsors. Certain services made available by TIPS are delivered by third party sites and organizations. By using any product, service or functionality originating from the TIPS Site, you hereby acknowledge and consent that TIPS may share such information and data with any third party with whom TIPS has a business relationship to provide the requested product, service or functionality. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on the TIPS Site, are solely between you and such marketing partner or other third party, and TIPS will not have any liability or responsibility in relation with such dealings.
- Disclaimer of Warranties. YOUR USE OF THE TIPS SITE AND ALL THE CONTENT AND/OR SERVICES OFFERED THEREIN IS AT YOUR SOLE RISK. THE TIPS SITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TIPS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TIPS DISCLAIMS ANY WARRANTIES REGARDING (A) THE SECURITY, RELIABILITY, SUITABILITY, AVAILABILITY, TIMELINESS, AND PERFORMANCE OF THE TIPS SITE, (B) ANY INFORMATION OR ADVICE PROVIDED OR OBTAINED THROUGH THE TIPS SITE, AND (C) SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TIPS SITE OR RECEIVED THROUGH ANY LINKS ON THE TIPS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT IN NO EVENT WILL TIPS OR ANY OF ITS OWNERS, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CO-SPONSORS OR AFFILIATES (COLLECTIVELY, “TIPS Parties”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TIPS SITE, ATTENDANCE AT A TIPS EVENT, YOUR INTERACTIONS WITH OTHERS AT ANY TIPS EVENTS, OR THIS TOU, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TIPS OR ANY TIPS PARTIES WILL NOT BE LIABLE TO YOU OR YOUR GUEST(S) FOR ANY BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR MEETING, COMMUNICATION OR INTERACTION WITH ANY OTHER PERSON YOU MAY ENCOUNTER AT A TIPS EVENT. IN THE EVENT YOUR OR YOUR GUEST(S)’S ATTENDANCE AT IS TERMINATED BY TIPS FOR ANY REASON, OUR LIABILITY TO YOU, IF ANY, WILL BE LIMITED TO THE TICKET PRICE YOU PAID FOR SUCH TIPS EVENT. IF YOU ARE NOT SATISFIED WITH THE TIPS SITE, ANY PORTION THEREOF, OR WITH ANY PROVISION OF THIS TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TIPS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend and hold TIPS and the TIPS Parties harmless from any claims, losses, costs, liabilities and expenses (including reasonable attorneys’ fees), whether threatened or actual, relating to or arising out of or in connection with your use of or inability to use the TIPS Site or participation in any TIPS Events, as well as your violation of any terms of this TOU, any rights of a third party, or any applicable laws, rules or regulations. TIPS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TIPS in any such matter.
- Binding Arbitration / No Class Actions. In connection with any dispute, claim or controversy arising out of or relating to this TOU or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, your use of the TIPS Site, or attendance at or inability to attend a TIPS Event (collectively, a “Claim”), the parties shall attempt in good faith to resolve such Claim promptly by negotiation between representatives who have authority to settle the Claim. If the parties are unable to resolve the Claim within thirty (30) days after negotiations start, then the Claim will be resolved by arbitration in Los Angeles, California before one arbitrator to be reasonably chosen by the parties, or in the event of disagreement, to be appointed by JAMS in accordance with its applicable rules. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or from seeking remedy in small claims court. If you are the party bringing the Claim, you are only responsible for the filing fee, provided that TIPS reserves the right to request the arbitrator for a ruling requiring payment of all arbitration costs if the arbitrator believes that the Claim did not have a reasonable basis or was trivial, frivolous, vexatious or made in bad faith. The arbitrator’s award will consist of a written statement stating the disposition of each part of the Claim, as well as the essential findings and conclusions on which the award is based. If either of us wants to assert a Claim against the other, the party with a Claim must institute arbitration within one (1) year from the date the Claim arose. Absent commencing the arbitration within such time, the Claim will be forever barred
We each agree that we shall bring any Claim against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Claims shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
- Notices. Any notice to TIPS must be provided by certified postal mail to The Ivy Plus Society, LLC, 10866 Washington Blvd, #514, Culver City, CA 90232, or by email to firstname.lastname@example.org, and any notice to you will be sent to the email address that you provided us during the sign-up process. Notice will be considered given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail will be considered given three (3) days after the date of mailing.
- Governing Law. This TOU is governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties hereto agree that the city and county of Los Angeles, California will be the venue for the resolution of any disputes brought in connection with this TOU.
- Compliance with Laws. TIPS’s performance of this TOU is at all times subject to existing laws and legal processes, and nothing contained herein will interfere with TIPS’s compliance with governmental, administrative, legal, or law enforcement requests or requirements relating to your use of the TIPS Site, attendance at a TIPS Event, or information provided to or gathered by TIPS with respect to such use or attendance.
- Assignment. You agree that this TOU, all rights herein, and all incorporated agreements may be automatically assigned by TIPS, in its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of TIPS’s assets, or similar transaction.
- No Waiver. TIPS’s failure to exercise or enforce any right or provision of this TOU does not constitute a waiver of such right or provision and does not waive its right to act with respect to subsequent or similar breaches.
- Severance. If any provision of this TOU is found to be invalid by a court of competent jurisdiction, you and TIPS agree that the court should endeavor to give effect to the parties’ intentions as reflected in such invalidated provision, and that the remaining provisions of this TOU will remain in full force and effect.
- Limitation. You and TIPS each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the TIPS Site or attendance at a TIPS Event or this TOU must be filed within one (1) year after the claim or cause of action arose or be forever barred.
- International Users. The TIPS Site and TIPS Events are offered, hosted, controlled, operated and administered by TIPS from its offices within the USA. If you access the TIPS Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TIPS Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Entire Agreement. This TOU constitutes the entire agreement between you and TIPS, and supersedes any prior agreements or understandings between such parties.