This Agreement sets forth the terms and conditions (the “Terms”) for your use of the eBaker Website (the “Website”). Read this Agreement carefully, as it discusses important limitations about the way you may use the Website and the material you find on the Website. By using this Website you will be deemed to have accepted the Terms. If you do not accept the Terms and agree to be bound by this Agreement, you may not use this Website
- Your Rights
- eBaker grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials provided thereon, provided that you comply fully with this Agreement. The contents of the Website are only for your personal, noncommercial use.
- Website Subscription
From time to time, eBaker may make certain parts of the Website available to HBS Alumni only through the purchase of a Site Subscription (the “Subscription Services”). eBaker notes that although we previously enabled HBS Alumni to subscribe for certain subscription services offered by OneSource Information Services, Inc. (“OneSource”) directly through the Website, we no longer allow you to directly subscribe for OneSource subscription services (and the OneSource subscription services do not constitute “Subscription Services”). If you are interested in subscribing for the OneSource subscription services, please go to the OneSource subscription page.
If you elect to subscribe to any Subscription Services, if offered by eBaker, you must agree to pay, using a valid credit card which is accepted by eBaker, the annual subscription charges as published on the Website, along with any applicable taxes, duties or levies. eBaker reserves the right to increase fees, surcharges and Website subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on the Website. In the event eBaker cannot charge your account, we reserve the right to suspend, cancel or terminate your access to the applicable Subscription Services. You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your account. No refunds or credit will be granted for any cancellation or termination for any reason. eBaker may engage a third party vendor to process payments for Subscription Services.
In addition to the charges set forth above, you are responsible for obtaining access to the Website and for all charges associated with connecting to the Website, including without limitation all Internet service provider, telephone or airtime charges. In addition, you must provide and are responsible for all computer, telephone or other equipment necessary to access the Website.
For administration, identification and billing purposes, if applicable, you agree to provide eBaker with accurate, complete and updated information required by the Harvard Business School intranet login requirements, and, if applicable, the Website Subscription registration process (the “Registration Data”), including your legal name, address, e-mail address (which will be used to notify you of any amendment or modification to this Agreement, and may be used to send you notices pertaining to eBaker, its products and services, the Website, Subscription Service, if applicable, and related topics), telephone number(s) and applicable payment data (i.e., credit card number and expiration date), if applicable. eBaker may engage a third party vendor to process the collection of Registration Data in connection with your subscription to any Subscription Services. At any time, you may check to determine whether your Registration Data and other information is current and accurate by going to the appropriate pages on the HBS alumni Website. Failure to comply with this provision (including without limitation falsification of any Registration Data or other information provided by you) may, at eBaker’s option, result in immediate suspension or termination of your right to access the Website via your HBS intranet login or to use the privileges accorded to you under your Website Subscription, if applicable.
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to promptly contact eBaker at email@example.com to update your Registration Data in the event of any known or suspected unauthorized use of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, if applicable. In the event of a breach of security, you will remain liable for any unauthorized use of your account until you contact eBaker to update your Registration Data. If you subscribe to Subscription Services and your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, immediately contact eBaker to update your Registration Data. eBaker cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of this paragraph.
You agree not to assign, transfer or sublicense your rights as a user of the Website or a subscriber to the Subscription Services. You agree to be financially responsible for all usage or activity on your subscription account.
- Copyright and Trademarks
All materials on the Website, including without limitation data, databases, text, software, music, sound, photographs, graphics, video messages or other materials (collectively, “the Content”) are either owned by, licensed by or subscribed to by eBaker, which retains all applicable right, title and interest in and to the Content. The Website and Content are protected by the copyright, trademark and patent laws of the United States and other countries, international conventions and other applicable laws. See also a more detailed description of our copyright and licensing restrictions. .
You agree not to use the name “Harvard” (alone or as part of another name) or any trademarks, service marks, names, logos, seals, insignia, emblems, symbols or other devices that identify eBaker or The President and Fellows of Harvard College or any of its schools or affiliates, including Harvard Business School (collectively, “Harvard Marks”), without the prior written permission of, and in accordance with restrictions required by, the relevant parties in each instance. You shall not seek to register any Harvard Mark in any jurisdiction. You acknowledge that immediate, extensive, and irreparable damage will result if this provision is not specifically enforced. Therefore, in addition to, and not in limitation of, any other remedy available to eBaker, eBaker may enforce the foregoing provision in judicial proceedings by a decree of specific performance and appropriate injunctive relief as may be applied for and granted in connection with such enforcement.
In addition, you may not use our trademarks:
- a) in, as, or as part of, you own trademarks or those of any third parties;
- b) to identify products or services that are not those of eBaker;
- c) in a manner likely to cause confusion; or
- d) in a manner that implies inaccurately that eBaker sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
- Communication with the Website; Member Conduct and Restrictions on Use
eBaker may make available to users of the Website e-mail notices, newsletters, chat rooms, message boards, bulletin boards services or other interactive communication facilities by means of the Website. eBaker may or may not pre-screen Content, but we reserve the right (but not the obligation) to monitor these communications and to edit, modify or delete any materials which eBaker in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any eBaker policy.
You, and not eBaker, are solely responsible for any Content that you upload, post, e-mail, transmit or otherwise make available to the Website, including any of the communications described above. eBaker does not control the Content posted to the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
Under no circumstances may you use the Website to:
- a) download, display, duplicate, copy, reproduce, create derivative works from, transmit, sell, resell, trade, distribute or in any way exploit the Website or any portion thereof for any public or commercial use, including advertising or soliciting the sale of goods or services, without the express written permission of eBaker;
- b) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, pornographic, sexually explicit or abusive, slanderous, libelous, defamatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- c) harm minors in any way;
- d) impersonate any person or entity, including, but not limited to, a Website service administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website, or otherwise provide false or misleading statements of fact;
- f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- j) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- k) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- m) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- n) “stalk” or otherwise harass another; and/or
- o) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above. eBaker does not endorse or accept any communication as detailed above as its own or representative of its views. Furthermore, you acknowledge that conduct prohibited in connection with communication with the Website includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Website. You may not access the Website by means other than through the interface provided by eBaker for use in accessing the Website. You may not attempt to override or circumvent any usage rules or security components protecting unauthorized access to the Content that may be embedded in the Website, including but not limited to sharing your password or account information with others, registering multiple accounts for your own use, simultaneously logging onto more than one computer terminal or unreasonably excessive downloading of documents accessed through the Website. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way.
You acknowledge and agree that any communications made to or by means of any portion of the Website are public. You acknowledge that:
- a) you have no expectation of privacy in any communication; and
- b) no confidential, fiduciary, contractually implied or other relationship is created between you and eBaker by reason of your transmitting any communication to any area of the Website.
By transmitting any communication to the Website, you grant to eBaker a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit and otherwise exploit such communication, in all media now known or later developed. The foregoing grant will include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, moral rights, or any similar rights under any jurisdiction.
You agree not to use any communication or any area of the Website to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Website or any equipment owned or operated by The President and Fellows of Harvard College in connection with the Website. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
eBaker may periodically notify you of special offers of communications services that may be made available to users of the Website. Such notifications shall contain specific instructions as to how to affirmatively consent or subscribe to receive such communications services. Please note that you will never be required to accept such offers, or be deemed to have accepted to receive such offers, unless you “opt-in” by providing your affirmative consent.
- Privacy and Security
As part of the registration process, you will select or will use an already assigned password. You are solely responsible for maintaining the confidentiality of any password you use to access the Website and/or Subscription Services, if applicable, and agree that eBaker will have no obligations with regard thereto.
eBaker will not sell, swap, rent or otherwise disclose to any third party any personal information provided during the registration process. However, eBaker reserves the right to (i) use and disclose data in the aggregate to generate and distribute demographic reports (including reports on usage patterns of users and/or subscribers) and marketing statistics, provided that eBaker will not reveal the identity of any user of the Website; and (ii) disclose any personal data or other information in its possession regarding users of the Website in cooperation with any law, regulation or governmental or agency request. For more information on this, please see the eBaker Privacy Statement. By your use of the Website, you consent to the collection and use (as set forth in the Privacy Statement) of the information collected about you.
You acknowledge that any reliance upon any information, advice, opinion, statement, or other Content displayed or distributed through the Website is at your sole risk. eBaker reserves the right (but does not have the obligation), in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that eBaker is not responsible for any materials posted by users of the Website. eBaker shall not have any liability arising from your purchases of third party goods or services, or your subscription to and/or use of third-party websites, based upon the information provided on the Website.
The Website may contain links and pointers to other websites on the Internet which may be maintained by third parties, including, but not limited to, OneSource. Such links do not constitute an endorsement by eBaker of any third-party website or any materials contained therein. eBaker does not control, and is not responsible for, the availability, accuracy or currency of such third-party websites or any information, content, products or services accessible from such third-party websites.
- Indemnification; Liability
You hereby agree to indemnify, defend (with counsel reasonably satisfactory to eBaker) and hold harmless eBaker from and against any and all liability and costs incurred by eBaker in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. eBaker reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of eBaker.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES, IF ANY, MATERIAL AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EBAKER MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY EBAKER. EBAKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR THE SUBSCRIPTION SERVICES, IF ANY, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SUBSCRIPTION SERVICES, IF ANY, WILL MEET ANY PARTICULAR CRITERIA OF TIMELINESS, PERFORMANCE, ACCURACY, RELIABILITY OR QUALITY, OR THAT THE WEBSITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING WITHOUGH LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL EBAKER OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR EBAKER, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR SUBSCRIPTION SERVICES, IF ANY, EVEN IF EBAKER OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EBAKER HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SUBSCRIPTION SERVICES. YOU HEREBY RELEASE EBAKER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, either you or eBaker may cancel or terminate this Agreement at any time by providing written notice to the other party. eBaker also reserves the right to restrict, suspend or terminate your access to the Website or Subscription Services, if applicable, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If eBaker terminates this Agreement based on a breach of any portion of this Agreement, eBaker reserves the right to refuse to provide access to the Website or Subscription Services, if any, to you in the future.
(a) To the Agreement
eBaker has the right to modify this Agreement and any policies affecting the Website. Prior to amending this Agreement, eBaker will post a notice of such amendment on the Website. Your continued use of the Website following notice of any modification to this Agreement shall definitively constitute an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of eBaker in providing the Website, including without limitation:
is to cancel your account and/or the Subscription Services, if applicable, by contacting eBaker at firstname.lastname@example.org.
- (i) any change in the Content; or
- (ii) any change in the amount or type of fees associated with any Subscription Services
(b) To the Website
eBaker has the right, at any time and from time to time, to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website, including without limitation the Subscription Services, if any. Unless explicitly stated otherwise, any new features or modifications to the Website shall be subject to this Agreement. eBaker may also impose limits on certain features and services or restrict your access to parts or all of the eBaker Website without notice or liability. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Website.
This Agreement constitutes the entire agreement between you and eBaker with respect to the Website and, if applicable, the Subscription Services and supersedes all prior agreements between you and eBaker. Failure by eBaker to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Massachusetts (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Suffolk County, Massachusetts for any action arising out of or relating to your use of the Website or any Subscription Services. The federal and state courts of Suffolk County, Massachusetts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.