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Terms of Use

Last Updated: March 10, 2020

1. Introduction

Welcome to the exeter.edu website. The exeter.edu website and its subdomains, and all portals, applications, products, services, events, and any interactive features, applications or other services that post a link to these Terms of Use (the “Site”) are owned and operated by Phillips Exeter Academy (the “Academy,” “we,” “our,” or “us”). Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”).

All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. If you use or access the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual.  You represent and warrant that you are at least 16 years of age, or if you are ages 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian. If you are under 16 years of age, we may ask your parent or guardian to provide written consent for you to use the Site.  Our Site is not intended for those under the age of 13. These Terms form a contract between you and the Academy.  If you do not agree to the Terms, do not use the Site or the Services. From time to time, the Academy may decide to modify, add, or delete portions of these Terms and will post those changes here. If the Academy does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site.

2. Privacy Notice

Please review our Privacy Notice, which explains our practices relating to the collection and use of your information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Notice, which is incorporated into these Terms. You understand that through your use of Site or the Services, you consent to the collection and use of this information.

3. Changes to the Services

We reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.  These Terms shall apply to any updated version of the Services unless and until an updated set of Terms is posted. Additionally, we reserve the right to suspend or terminate the Services for any reason, without notice, at any time. 

4. Account Creation

To access and use the Services, including, but not limited to, ExeterConnect, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete.  If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, Account and/or password.  We therefore urge you not to share your Account credentials with anyone.  The Academy reserves the right to refuse Services, cancel orders, terminate accounts or remove or edit content, in its sole discretion.

5. General Information

When you access this Site, you agree to comply with these Terms and any other policies or requirements posted on the Site.  You agree to abide by all applicable laws, rules, and regulations when registering for, accessing, or using the Services, and may not engage in fraud or misuse of the Services or any conduct that is harmful or harassing to anybody. 

Violating the security of the Services is prohibited and may result in criminal and/or civil liability.  We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.  Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.  Without limiting the foregoing, you must not do (and agree not to do) any of the following:

  • Violate any applicable law or legal requirement.
  • Engage in fraud or misuse of the Services.
  • Engage in conduct that is harmful or harassing to anybody.
  • Post, upload, publish, submit, or transmit any content that:
    • 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;
    • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
    • Is fraudulent, false, misleading, or deceptive;
    • Is defamatory, obscene, pornographic, vulgar, or offensive;
    • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • Is violent or threatening or promotes violence or actions that are threatening to any other person;
    • Promotes illegal or harmful activities or substances;
    • Constitutes spam, or competes with our business;
    • Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
  • Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
  • Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
  • Intercept, monitor, damage, or modify any communication not intended for you.
  • Otherwise impersonate or misrepresent your affiliation with any person or entity.
  • Alter the way that an aspect of a Site we provide is displayed or delivered to other users.
  • Access, tamper with, or use non-public areas of a Site we provide, our computer systems, or the technical delivery systems of us or our providers.
  • Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
  • Access the Services if we have requested that you refrain from such access.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
  • Assist or permit anybody to violate these Terms.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

6. Proprietary Rights

You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, the Academy or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transit, participate in the sale of or transfer or, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without the Academy’s prior written approval. 

For permission to use Content from this Site or from marketing material authored and distributed by the Academy, you must request written permission in advance and provide full attribution. Permission should be requested by contacting website@exeter.edu.

7. Digital Content

The Academy may make digital content (“Digital Content”) available to you on this website.

Your use of Digital Content on this website is subject to the following conditions:

  • Your use of Digital Content is for personal, non-commercial use;
  • You may not transmit, sell, rent, lease, display, perform, distribute, broadcast, sublicense, assign or otherwise make available any rights to Digital Content or any portions thereof to any third party;
  • You may not remove any proprietary notices or labels on or in the Digital Content;
  • You may not bypass, modify, defeat or circumvent the Digital Rights Management used to deliver or protect the Digital Content; and
  • You may not use any Digital Content in an unlawful or infringing manner.

8. Digital Rights Management (“DRM”)

You acknowledge that we may establish general practices and limits concerning use of the Site and the Services, including without limitation providing DRM by employing appropriate measures and procedures for the reception, handling, management, storage, and distribution of Digital Content.

You acknowledge that we may use a secure encryption system for the delivery of Digital Content to our customers.

9. Submitted Materials

Unless specifically requested, the Academy does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send the Academy any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”), you grant the Academy a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. If you send the Academy any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send the Academy any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize the Academy to use Submitted Material as permitted by the license in this Section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

10. Third Party Websites

The Site may contain links to third party websites that take you outside of the exeter.edu website and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Academy, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site.

12. Disclaimers

THE ACADEMY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. THE ACADEMY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  USE OF THE SITE ALSO DOES NOT GUARANTEE ADMISSION TO THE ACADEMY.

13. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL THE ACADEMY (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF THE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE ACADEMY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Release

If you have a dispute with one or more users of the Site or the Services, you release the Academy (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. Claims of Infringement

The Academy respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Academy will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. The Academy will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Academy’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
  • Provide your mailing address, telephone number and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the Academy’s Designated Copyright Agent:

General Counsel
Phillips Exeter Academy
20 Main Street
Exeter, NH 03833
United States of America

While the Academy considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

16. Termination

The Academy reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. The Academy also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.

17. Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect. 

18. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. Electronic Communications, Transactions and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. General

These Terms of Use will be governed by the laws of the State of New Hampshire, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of New Hampshire. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. The Academy may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and the Academy. The Academy does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. The Academy’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and the Academy with respect to the subject matter hereof. Sections 6 (Proprietary Rights); 9 (Submitted Materials); 11 (Indemnification); 12 (Disclaimers); 13 (Limitation of Liabilities); 14 (Release); 17 (Severability); 18 (User Data); 19 (Electronic Communications, Transactions and Signatures) and 20 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

21. Contact Us

If you have questions about these Terms or the Services, you may contact the Academy at website@exeter.edu or at:

Phillips Exeter Academy
20 Main Street
Exeter, NH 03833
United States of America