Please read this Agreement in its entirety.
UTIAlumni.com is a way for UTI Graduates, Students, Family and Friends to experience community, continuing education, career resources, and industry resources via the Internet.
This is a legal agreement ("Agreement") between you (the "member") and Universal Technical Institute Alumni Association, Inc. (herein after referred to as the “Association”), located at 20410 North 19th Ave, Phoenix, Arizona, 85027. The Association is an Arizona not-for-profit organization operating independently from Universal Technical Institute, Inc. a for-profit Delaware corporation. Please read the Agreement carefully before registering as a Association member (the "Service"). By registering, regardless of whether or not you pay a fee, you automatically become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member and thereafter for as long as your profile remains in the Association’s system (which although inactive, may continue after Member terminates their membership or their membership lapses).
THE TERMS ARE SUBJECT TO CHANGE BY the Association AT ANY TIME. Registration is explicit acceptance of the terms herein. YOUR CONTINUED USAGE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF FUTURE CHANGES IN THE TERMS.
Individuals under 15 years of age MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 15 years old. The Association may require Members to provide sufficient information to indicate that they are at least 15 years old.
The Association may terminate your membership in the Service at any time, for any reason, with no advance notice. Termination in no way voids or interrupts other provisions and terms of this agreement. In the event your access to the Association service is suspended or terminated due to the breach of the terms of this Agreement, you will not be entitled to a refund of unused membership fees or advances. Members may terminate their paid subscription at any time. Refunds will not be refunded under any circumstances.
Membership in the Association is for the Member's sole, personal use. Members may not authorize others to use their membership. Members may not assign or otherwise transfer their account to any other person or entity.
Online Code of Conduct
The Association reserves the right to remove anything that it deems to be inappropriate, at its sole discretion. The Association reserves the right, but has no obligation, to reject, terminate or inactive the system access of any member that does not comply with these terms:
Members are solely responsible for the content or information they publish or display in their profile or email communications via the Association’s service. As such, Members should take every precaution to ensure that they do not reveal personal information, phone numbers, or locations to other Members. Members must not post or transmit to other Association members or employees, any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, libelous, top secret, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Members must use the Association’s service in a manner consistent with any and all state, local and federal laws, statutes and regulations. Proof of illegal use, if discovered, will be forwarded to the proper legal authorities.
Members will not engage in advertising solicitation, or other means to sell products or services through the Association. Members will not transmit chain letters, solicitations, or junk E-mail to other Association members.
Members will not post, distribute or reproduce in any way any copyrighted material, photos, secret documents, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
Members are solely responsible for their interactions with other Association members. The Association reserves the right to monitor the accounts, interactions and communications of its members, but shall not be held liable for not catching inappropriate acts, breaks in security or stalking activities from one member to another. Such occurrences will be dealt with by rendering the offending parties Association access inactive when brought to the attention of the Service staff (MemberServices@UTIAlumni.org). Should further action be required, Member shall be solely responsible to contact local law enforcement officials.
Indemnity by Member
Member will defend, indemnify, and hold harmless Association, its officers, managers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of use of the Association’s service. Member will hold harmless the Association for any inaccuracy of information on the service, as well as the unlikely event that security is breached or confidential information is released by the Member.
INFORMATION ON THIS WEBSITE IS PROVIDED AS IS WITH NO EXPRESS OR IMPLIED WARRANTY THAT ALL INFORMATION IS CURRENT UPON THE DATE ANDTIME OF ACCESS. VISITORS TO THIS SITE SHOULD PERCEIVE THE INFORMATION PRESENTED IN GENERAL TERMS REALIZING THAT AT ANY POINT IN TIME,CHANGES TO THE INFORMATION CONTAINED HEREIN AREIN PROGRESS, BEING CONTEMPLATED, OR AWAITING APPROVAL FROM A REGULATORY BODY PRIOR TO BEING ADVERTISED.
You may view, copy or print pages from this site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express permission of the Association. At any time, the Association may make changes without notice to this site or to the services, programs, products or information described in this site.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Association may also make improvements and/or changes in the information or the programs described at any time without notice.
Any comments or materials sent to the Association including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. The Association shall have no obligation of any kind with respect to such feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the feedback to others without limitation. Further, the Association shall be free to use any ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever, including but not limited to developing and marketing information incorporating such feedback.
Information the Association publishes on the Internet may contain references or cross references to the Association and/or Association subsidiaries products, programs and services that are not announced or available in your country. Such references do not imply that UTI-AA intends to announce such products, programs, or services in your country.
The Association makes no representations whatsoever about any other web site, which you may access through this company web site. When you access a non-Association web site, please understand that it is independent from Association and that Association has no control over the content on that web site. In addition, a link to a non-Association web site does not mean that Association endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Member agrees to not hold Association responsible for any loss or damage resulting from the member or anyone else's reliance on information or other content or photos posted on the Association service, or transmitted to the Association Members. Association does not guarantee the successful development of personal or professional relationships and therefore shall not be held responsible for undesirable results or any other harm in conjunction with resulting relationships or contact between its members. Opinions, advice, statements, offers, or other information or content on Association service are those of their respective authors and not of Association, and should not necessarily be relied upon.
It is possible that other Association members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on Association service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Association is not responsible for the use or the resulting damages of the release of any personal information that you may choose to disclose on the Service, intentional or unintentional. Please carefully select the type of information that you choose to reveal and post on Association service or release to others. All Association web site design, text, graphics, and the selection and arrangement thereof are the copyrighted works of UTI-AA © 2006. All rights reserved.
The Association reserves the right to monitor, but shall have no obligation to monitor, the communications and all activities posted in the Association system, to ensure compliance with all laws. Association shall have the right to remove material that violates, or is alleged to violate, the law or the terms of this agreement. Notwithstanding this right of the Association, you remain solely responsible for the content of the materials and information you post in the public areas of the service.
The Association owns and retains other proprietary rights in Association service. The Service contains the copyrighted material, trademarks, and other proprietary information of Association and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Grant of Rights
By posting information and photos, diagrams, schematics or written content to any public area of Association, Member automatically grants, and represents and warrants that they have the right to grant to Association and other Association members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Members
Association will make commercially reasonable efforts to keep confidential all credit card and bank account information supplied by you to Association, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Association requests profile information when you register as a member. Your profile information may be used for the following purposes:
To improve the design and content of our Web site for the benefit of the users of our Web site;
To help you quickly access services or information on www.utialumni.org;
To help us create content relevant to you;
To alert you to site updates, new features and Association-related benefits and offers; and
To provide you seamless access to Association site partner resources and services.
Association site utilizes portal technology. Members my leave the Association network for a resource located on another Merchant site, although this may not be obvious or apparent at the time. Association may share your username and password credentials with Merchant providers to insure a seamless web experience. Under the terms of this agreement, Members assume responsibility to review privacy polices and credit card policies as they are available.
To resolve a complaint regarding Association service, you should first contact Customer Support at: memberservices@UTIAlumni.com
Disclaimer of Warranty
Association provides the Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with Association or its representatives, or otherwise with respect to the service. Association specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Association further does not warrant that member's use of the Service will be secure, uninterrupted, always available, or error-free, or will meet member's requirements, or that any defects in the service will be corrected. Association disclaims liability for, and no warranty is made with respect to, telephone or internet service, including coverage, range or any interruption in telephone or internet service.
Limitation of Liability
In no event will Association be liable to Member for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Association service, even if Association or its agents or representatives know or have been advised of the possibility of such damages or to any person other than the Member. Notwithstanding anything to the contrary contained herein, Association’s liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by the Member for the Services to-date, if any.
In addition, Association disclaims all liability and Member agrees to such disclaimer and voidance of liability for Association, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the Association service or actions by the government or authorities, according to legal or illegal action on their part, to monitor the service and review Member communications.
State by State (and Province by Province)
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
This Agreement is entered into in the State of Arizona. Member agrees that Arizona law shall govern this Agreement and any dispute arising out of or relating to this Agreement shall be subject to the state or federal courts of Arizona.
Neither party will be liable to the other for any delay or non-performance of its obligations hereunder (except obligations to make payment, which may not be excused or delayed based on any such event beyond its reasonable control) in the event and to the extent that such delay or nonperformance is beyond its reasonable control. Each party will inform the other party of the occurrence of any event of Force Majeure, its expected duration and cessation, respectively, as soon as reasonably practical. In the event that substantial performance of this Agreement becomes suspended as the result of an event of Force Majeure for a continuous period exceeding 3 weeks, then either party has the right to terminate the Agreement in respect of the unperformed part of the Agreement. Neither party will incur any liability to the other party as a result of cancellation pursuant to this Paragraph. Without prejudice to the generality of the foregoing provisions, the following events will be recognized as events of Force Majeure include: war, civil unrest, strikes, lock-outs and other general labor disputes, acts of government, natural disasters, exceptional weather conditions, blackouts, and Internet or communications downages.
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors, assigns and legal representatives. This agreement and the obligations hereunder may at any time be assigned to another company or service, without notice to the Member.
In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which is not affected by the dispute. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place in the State of Arizona, or location otherwise mutually agreed upon by the parties. Should action not take place within 60 days to find and establish an arbitrator, Asssociation shall be entitled to take legal action in the appropriate state or federal court. All legal costs and fees associated with such an action shall be borne by the party who loses the legal suit and is judged responsible to pay the other party damages.
This Agreement contains the entire agreement between Member and Association regarding the use and terms of the Service. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid or illegal, the remainder of this Agreement shall continue in full force and effect.