TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

This site is fully controlled and operated by Class of 1970 (referred to below as "Class of 1970" "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions.

CLASS OF 1970 USE OF USER SUBMITTED INFORMATION AND/OR MATERIALS
By supplying any information, uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Class of 1970 a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world in those materials have been waived.

GUESTBOOK AND MESSAGE BOARDS
To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions, please be advised that Postings do not necessarily reflect the views of Class of 1970. Although we periodically monitor exchanged and posted information, in no event does Class of 1970 assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Class of 1970 will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, Class of 1970 reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions. Class of 1970 also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party.

You hereby understand and agree that Class of 1970 does not allow Postings that contain:

o  profanity, obscenities, or sexual content (express or implied)
o  religious, political, or social commentary
o  personal attacks on other people (individually or as a group)
o  slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images
o  account usernames that would be considered inappropriate under our Terms and Conditions.
o  materials created by someone else without their express written permission to do so
o  "cheat" or "hack" programs or information or links to sites claiming to have these solicitations of user passwords
o  solicitation of user passwords
o  private or personal information that might identify another user
o  links to third party commercial Web sites
o  online chat rooms anywhere on our site or links to sites with chat rooms
o  Promotions anywhere on Class of 1970 site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways, and "anywhere on our site" includes but is not limited to all of Class of 1970 user communication areas, onsite pet's webpage, shop front or onsite guild webpage.
o  other information that Class of 1970 deems, in its sole discretion, to be inappropriate for this site.

You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our message board and/or guestbook service by "spamming" (posting numerous identical messages) or by creating "party boards" (group postings often containing inappropriate content) on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.

You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money or Class of 1970 Items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other Class of 1970 users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.

You hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Class of 1970 the right to use and change the Postings in any manner that Class of 1970 may determine.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLASS OF 1970 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLASS OF 1970 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLASS OF 1970 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT CLASS OF 1970) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLASS OF 1970, ITS REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY CLASS OF 1970 OR ANY THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CLASS OF 1970 HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Class of 1970, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Class of 1970 explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Class of 1970 is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Class of 1970 nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.

Class of 1970 encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Class of 1970 cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Class of 1970 be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

Class of 1970 cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Class of 1970, since such sites are owned and operated by third parties. Class of 1970 does not endorse any of the merchandise or services, nor has Class of 1970 taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Class of 1970 does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Class of 1970 with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Class of 1970 never gives or sells e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Class of 1970 to transmit his personal information to that sponsor.

UNAUTHORIZED LINKS TO SITE
Class of 1970 allows users to link their site Class of 1970-related fan sites to the Class of 1970 homepage (http://robert.susnjer.com/Hopewell_High_School-Class_of_1970/HHS70-Index.php). However, by using this website, you specifically agree not to link to any pages within the Class of 1970 site without Class of 1970 express written approval. If you do not receive such express written approval prior to linking to an internal page on Class of 1970’s website, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the Class of 1970 site.

Ads and Malware
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser). • Install a SpyWare Removal Tool such as Spybot - Search & Destroy or Ad-Aware to clean your computer of Malware. • Install antivirus software, such as Norton AntiVirus or McAfee Virus-Scan. • Install Windows Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.

DENIAL OF ACCESS
Class of 1970, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Class of 1970 website. The sending of an e-mail notice by Class of 1970 to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Class of 1970 site.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Class of 1970, its representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Class of 1970 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Class of 1970 in asserting any available defenses.

Updated: July 30, 2010.