1. Right to Use this Website
Pi Beta Phi grants a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. You shall not access or use the Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use.
You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the Website and viewing related materials. You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; (f) upload any viruses or harmful or obscene information to the Website; (g) access, or attempt to access, any nonpublic features of the Website; or (h) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
This Website contains materials and other items relating to Pi Beta Phi, and its products and services, and similar items from our business partners, licensor’s, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Pi Beta Phi and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Without limiting the foregoing, to the extent you use any such Content in compliance with this User Agreement and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to Pi Beta Phi, as applicable.
2. Copyrights
All Content, except for User-Generated Content (defined in Section 7 below) is copyrighted, and it is either owned or used with permission by Pi Beta Phi. We disclaim any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Pi Beta Phi.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Pi Beta Phi respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
3. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by Pi Beta Phi and third parties, and this Website’s trade dress is owned by Pi Beta Phi (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by Pi Beta Phi are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to Pi Beta Phi; Pi Beta Phi Rights to Your Submissions
Pi Beta Phi likes to hear from you. However, keep in mind that any submissions and any questions, comments, answers, suggestions, or the like submitted by you to Pi Beta Phi via this Website or by fax, mail, email or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”) will be treated as non-confidential and non-proprietary, and Pi Beta Phi will not assume any responsibility, obligation, or liability for them or for Pi Beta Phi’s receipt or non-receipt of them. Pi Beta Phi’s receipt of Your Submissions is not an admission by Pi Beta Phi of their novelty, priority, or originality, and it does not impair Pi Beta Phi’s right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Pi Beta Phi a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Pi Beta Phi in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Online Shopping
This Website may offer online capabilities to purchase products. You must be 18 years of age or older to make any such purchases. Additional information on delivery, returns, and other sales policies can be found at our online store at shoppiphi.com. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.
- No Purchases by Minors
- By ordering a product online from Pi Beta Phi, you represent that you are 18 years of age or older. If an individual under the age of 18 orders a product from Pi Beta Phi without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
- Taxes
- You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from Pi Beta Phi.
- Shipping and Processing; Insurance
- You are also responsible for paying all shipping and processing charges relating to your online purchases and for insuring your purchases.
- Returns and Warranties Please review the information available at our online store regarding our return policies and warranty information.
6. User Generated Content
Pi Beta Phi may elect to offer visitors the opportunity to post, upload or otherwise make available materials to this Website intended for public view, including without limitation, photographs and ratings and reviews, (“User-Generated Content”). In such events, Pi Beta Phi will not assume any obligation to monitor, filter, censor, edit, or regulate the User-Generated Content on this Website, although Pi Beta Phi reserves the right (but does not assume any obligation), in its sole discretion, to do so and to refuse to post User-Generated Content, or to remove, change, condense, delete, or revise any User Generated Content that Pi Beta Phi deems to violate its posting guidelines or this User Agreement or other Pi Beta Phi policies. Pi Beta Phi does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User-Generated Content, or represent or make any representations or warranties regarding the accuracy or propriety of User-Generated Content. All User-Generated Content on this Website is presented on an “AS-IS” basis.
By posting, uploading, or otherwise making available to Pi Beta Phi any User-Generated Content, you represent and warrant that; (a) you are at least 18 years old; (b) you are the sole author and owner of the intellectual property rights thereto, or have a lawful right to submit, display, upload or post such User-Generated content without the consent of any third party; (c) all “moral rights” that you may have in such User-Generated Content have been voluntarily waived by you; (d) all such User-Generated Content is accurate; and (e) such User-Generated Content shall not violate this User Agreement, any guidelines outlined on the Website in connection, or cause injury or harm to any person. You also agree not to post, upload or otherwise make available to this Website User Generated Content that: (A) is false, deceptive, misleading, or deceitful, or for which you were compensated or granted any consideration by any third party; (B) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, pornographic, invasive of another’s privacy, racially or religiously biased or offensive, or otherwise improper or objectionable content, (C) includes any personally identifiable information about another person without that person’s consent; (D) infringes another party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (E) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or encourages conduct that constitutes a criminal offense or results in civil liability; (F) includes links to commercial services or websites, promotes any commercial activity, or includes the name of any entity other than Pi Beta Phi and/or any references to such entities’ products or services; or (G) contains any viruses, worms, bots, Trojan horses or other potentially damaging computer programs, malware or files.
You shall be solely responsible and liable for your User-Generated Content, as well as any activity or transactions that occur under your user name or any account or registration, any infringement by your User-Generated Content of the copyright, trademarks or other proprietary rights of Pi Beta Phi or any third party, and any other harm resulting from your User-Generated Content or the use of your account or registration.
You grant Pi Beta Phi a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User-Generated Content throughout the world in any and all media.
Pi Beta Phi reserves the right, in its sole discretion, to adopt additional posting guidelines or rules and to change or modify the guidelines or rules at any time.
7. Investigations; Cooperation with Law Enforcement; Termination
Pi Beta Phi reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
8. Privacy and Security Measures
Pi Beta Phi must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Pi Beta Phi respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use industry standard technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
9. Disclaimers of Warranties
This website may include technical inaccuracies or other errors, and your use and browsing of this website is at your risk. This website is provided to you “as is” and “as available”, without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, Pi Beta Phi does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be uninterrupted or error-free, or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, your use of the Website and any Content is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such Content and the Website. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such Content, including all copyright and other intellectual property laws. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this website to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liabilities
PI BETA PHI IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON THE WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, PI BETA PHI WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OR SERVICES OFFERED THROUGH OR ADVERTISED ON THE WEBSITE EVEN IF PI BETA PHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
10. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as the links and related content on your site do not portray Pi Beta Phi in a false, misleading, derogatory, or otherwise offensive matter.
11. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensor’s, licensees, and promotional and business partners of Pi Beta Phi. Pi Beta Phi has no control over the content of Linked Sites, and Pi Beta Phi does not assume any obligation to review any Linked Sites. Pi Beta Phi does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Pi Beta Phi disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Pi Beta Phi disclaims all liability in connection therewith.
12. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Pi Beta Phi disclaims all liability in connection with therewith.
13. Procedure for Alleging Copyright Infringement
Pi Beta Phi will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: i. a legend or subject line that says: “DMCA Copyright Infringement Notice”; ii. a description of the copyrighted work that you claim has been infringed; iii. the URL of the site and a description of where the material that you claim is infringing is located on that site; iv. your address, telephone number, and e-mail address; v. a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; vi. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, vii. your electronic or physical signature.
Pi Beta Phi will only receive DMCA notices by mail, or e-mail at the addresses below:
- By Mail: Pi Beta Phi Headquarters, 1154 Town & Country Commons Drive, Town & Country, MO 63017
- By E-Mail: messages@pibetaphi.org
Pi Beta Phi may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and Pi Beta Phi may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Pi Beta Phi at 636-256-0680.
14. Messaging Terms & Conditions
- General
- When you verify your membership in the Member Portal, you can change your communication preferences to opt-in or out of receiving text messages.
- By opting into messages, you agree to receive recurring automated marketing and informational text messages from Pi Beta Phi and Pi Beta Phi Foundation. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
- Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Pi Beta Phi. Pi Beta Phi reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Pi Beta Phi also reserves the right to change the short code or phone number where messages are sent.
- Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
- Your consent to receive marketing messages is not a condition of purchase.
- Carriers
- Carriers are not liable for delayed or undelivered messages.
- Cancellation
- You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Pi Beta Phi again, just sign up as you did the first time and Pi Beta Phi will start sending messages to you again.
- Transfer of Number
- You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at messages@pibetaphi.org. The duty to inform us based on the above events is a condition of using this service to receive messages.
- Privacy
- If you have any questions about your data or our privacy practices, please visit our privacy policies page here.
- Messaging Terms Changes
- We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
General Provisions
- Indemnity
- You agree to indemnify, defend, and hold harmless Pi Beta Phi (which includes Pi Beta Phi’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensor’s, and licensees from any damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, relating to or arising out of (i) any unauthorized activity related to your use of the Website, the Content, or the images or materials displayed therein; (ii) your violation of any term of this User Agreement; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Website or Content using your computer; or (iv) any use of products sold through the Website.
- Revisions to this Website and this User Agreement
- Pi Beta Phi may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Pi Beta Phi may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
- Operation of Website; Availability of Products and Services
- Pi Beta Phi controls and operates this Website from its headquarters in Town and Country, Missouri, in the United States of America, and Pi Beta Phi makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
- Jurisdiction, Venue, and Alternative Dispute Resolution
- Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Pi Beta Phi will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in St. Louis, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Pi Beta Phi relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in St. Louis County, Missouri. Accordingly, you consent to the personal jurisdiction of the courts in St. Louis County, Missouri, with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Pi Beta Phi to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Pi Beta Phi’s operations, and/or Pi Beta Phi’s products or services caused by your act or failure to act.
- Severability
- If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.