Terms and Conditions of Use

Last modified: November 6, 2018

IMPORTANT – PLEASE READ CAREFULLY

ACCEPTANCE OF TERMS THROUGH USE Welcome to www.chiomega.com, including all subdomains, (the “Site”). Your use of this Site is subject to these terms and conditions, which together with our Privacy Policy govern Chi Omega’s (or “our”) relationship with you in regard to this Site. By accessing or using the Site, or selecting “I Agree”, you agree to be bound by these terms and conditions of use (“Terms of Use”). You represent that you are at least the age of majority in your jurisdiction and possess the legal right and ability to enter into these Terms of Use.

IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THIS SITE.

MODIFICATIONS Chi Omega may modify, change, or update these Terms of Use at any time, without notice or liability to you, and in its sole discretion. Any such modifications, changes, or updates shall become effective immediately upon posting to the Site. Your continued access and use of the Site thereafter indicates your agreement to the modified Terms of Use.

ACCESS AND SECURITY The availability of the Site depends on many factors, including some beyond Chi Omega’s control. You are solely responsible for making all arrangements necessary to have access to the Site and ensuring that those who access the Site through your internet connection are aware of and comply with these Terms of Use. Chi Omega shall not be liable to you if you cannot use this Site for any reason.

Access to certain features of the Site require a personal username and password, which you may establish through the Site. To obtain such username and password, you may be asked for certain information. You represent and warrant that all information you provide through the Site is correct, current, and complete. The username and password are part of Chi Omega’s security verification system, and you acknowledge it is your responsibility to treat them as confidential, refrain from disclosing them to others, and protect their security. You acknowledge that your account is personal to you and you will not provide any other person with access to the Site or restricted areas using your username and password. You shall notify Chi Omega immediately if any unauthorized access to or use of your username or password or if any other breach of security has occurred. Chi Omega reserves the right to disable your username and password at any time in its discretion for any or no reason, including if Chi Omega believes you have violated these Terms of Use.

PRIVACY Any information collected on this Site is subject to Chi Omega’s Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you access and use the Site. By accessing and/or using this Site, you consent to the collection, use, storage, processing, transfer, and all other actions Chi Omega, its affiliates, service providers, and third parties may take with respect to your information, as set forth in the Privacy Policy.

PERMITTED USE So long as you comply with these Terms of Use, Chi Omega grants you permission to display the Site on your Internet browser solely for permitted Chi Omega-related personal, philanthropic, non-commercial purposes only and not for commercial reproduction, distribution, publication, or any activity in contravention of these Terms of Use, Chi Omega’s rights, any rights of third parties, or any applicable laws. The Chi Omega membership directory and search feature is solely to be used for Chi Omega-related, personal, philanthropic, and non-commercial purposes. You shall not assign, transfer, or enable others with permission and/or access to this Site and its features.

You may use this Site only in accordance with these Terms of Use and for lawful purposes. You may not use the Site (a) to gain (or attempt to gain) access to areas, features, or services for which you do not have the proper authorization or otherwise compromise the Site security; (b) to impersonate any person or entity (including Chi Omega or its employees), or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (c) in a manner that violates any national, state, local or international law, rule or regulation; (d) to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters”, “spam”, or to gather information from the membership directory in doing so; (e) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (f) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Chi Omega’s services; (g) to harvest or collect information of other users by electronic or other means or attempt to recreate or copy information from the Chi Omega membership directory; (h) to send, knowingly receive, upload, download, use or re-use material that is libelous, threatening, defamatory, infringing, obscene, indecent, pornographic, discriminatory, comprised of classified information, contain malicious code, harasses, annoys, inconveniences, alarms, or otherwise burdens others; or (j) via data mining, robot, spider, data gathering or extraction tool, or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that disrupts the Site or attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (l) in any manner that is threatening, harassing, or discriminatory; or (m) in a manner that Chi Omega determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or Chi Omega’s services.

You shall not copy, modify, adapt, reproduce, disassemble, decompile, reverse engineer, sell, lease, perform, display, transmit, translate, create derivative works, collect content or information in a database, circumvent technological safeguards, restrict access to, or otherwise access, alter, or discover the source code, object code, or other portion of the Site (in whole or in part). You may not download, disclose, share, sell, distribute, or commercially exploit the content, software, tools, databases used, or results of any database search performed on the Site, including the Chi Omega Member Search tool. You may use certain tools or features of the Site, such as the Member Search tool and any member directories, only in accordance with these Terms of Use and for Chi Omega purposes. You are responsible for your use of the Site and all use of the Site that occurs by, through, or in connection with access to the Site via your computer, internet connection, or username and password credentials.

You understand that you are the sole person responsible for any and all actions performed using your member account. If you violate any of the terms of these Terms of Use, your right to use the Site will cease immediately and you must, at Chi Omega’s option, return or destroy any materials or copies of the foregoing that you have made. No right, title, or interest in or to the Site or its content is transferred to you. Any use of the Site not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may also violate copyright,

trademark, or other laws. In addition to any other legal or equitable remedies, Chi Omega may, without prior notice to you, immediately terminate these Terms of Use, disable any user name, password or other identifier, or revoke or suspend any or all of your rights granted under this Terms of Use.

INTELLECTUAL PROPERTY This Site, its content, functionality, and features are owned by Chi Omega or third parties and are protected by copyright, trademark, trade secret, and other intellectual property laws. Any unauthorized access or use of this Site or any portion thereof may violate such laws.

Chi Omega’s name, trademarks, logos, product and service marks, designs, and tag lines are marks proprietary and owned exclusively by Chi Omega or its affiliates or licensors. Chi Omega does not grant you any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of Chi Omega or any of the goodwill associated with any of the foregoing. Chi Omega reserves the right to enforce its intellectual property and proprietary rights to the fullest extent of the law.

LINKS TO THIRD PARTY SITES You must obtain Chi Omega’s prior written consent before posting any links to this Site. Chi Omega may withdraw its consent and permission at any time, for any or no reason, and without notice. You agree to fully cooperate with Chi Omega in terminate any unauthorized linking.

This Site may contain links to other websites owned or operated by Chi Omega, affiliates, or by third parties not under Chi Omega’s control. These links are provided for your convenience and/or reference only. Links to other websites, such as Chi O creations, shall not be deemed to be endorsed by Chi Omega and these Terms of Use do not apply to other sites not owned or operated by Chi Omega. Chi Omega is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Site. You assume sole responsibility and liability for your use of such linked sites.

USER CONTENT AND SUBMISSIONS You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Site (collectively referred to as “Submissions”). Any such Submissions, such as questions, comments, answers, information made public in member profiles, social media posts, or the like submitted by you to Chi Omega will be treated as non-confidential and non-proprietary, to the extent not provided for by Chi Omega’s Privacy Policy. You warrant and agree that such Submissions are non-confidential and non-proprietary. You are responsible for any Submissions you provide, including compliance with applicable laws, rules, and regulations. You warrant and agree that you have the right to disclose any Submissions, content, or information provided to Chi Omega. Chi Omega does not assume any responsibility, obligation, or liability in connection with your Submissions. Any Submissions may be used by Chi Omega for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Chi Omega is free to use any ideas, expression, conceptions, or know-how contained in any Submissions for any purpose whatsoever, including in social media postings. Any personally identifiable information provided by you in connection with features and functions of the member-only Site, such as the Member Search tool, will be treated in accordance with our Privacy Policy.

NOTICE OF AND PROCEDURE FOR COPYRIGHT INFRINGEMENT

Chi Omega respects others’ intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Chi Omega has designated a copyright agent (the “Designated Agent”) to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Chi Omega’s Designated Agent a written notice containing the following elements:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;

(2) Identification of the copyrighted work that you claim is infringed, or, if multiple copyrighted works are involved, a representative list of such works;

(3) A description of where the material that you claim is/are infringing is/are located on this Site, including the URL and/or other information reasonable sufficient to permit Chi Omega to locate the material;

(4) Your address, telephone number and email address;

(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and

(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner, or that you have an exclusive right that is allegedly infringed.

(c) Send the notice containing the above information to the following Designated Agent:

Designated Agent: General Counsel, Chi Omega Fraternity Mailing Address: Chi Omega Fraternity

Executive Headquarters 3395 Players Club Pkwy Memphis, TN 38125 Attn: General Counsel Telephone: (901)748-8600 Fax: (901)748-8686 Email: chiomega@chiomega.com

Note: The Notice required by this section is exclusively for notifying Chi Omega that copyrighted work(s) may have been infringed. Do not send any notices or inquiries unrelated to alleged copyright infringement to Chi Omega’s Designated Agent. Such notices or inquiries should be sent to the e-mail address or mailing address listed below in the section titled “Contact Information.”

Chi Omega has adopted a policy of terminating and barring Site users and/or account holders who are repeat infringers. Chi Omega may also limit access to the Site or terminate the accounts of any users who infringe the intellectual property rights of others, even if such users are not repeat infringers.

INTERNATIONAL ACCESS AND USE Chi Omega is based in the U.S. By choosing to access or use the Site from any location other than the U.S., you accept full responsibility for compliance with any applicable local laws or regulations. This Site may contain products or services, or references to products or services, that are not available outside the U.S. Any such references do not imply that such products or services will be made available outside the U.S. Chi Omega makes no claims that the Site or any of its content is accessible or appropriate outside the U.S.

DISCLAIMER; LIMITATION OF LIABILITY THE SITE AND ITS CONTENT, INFORMATION, FUNCTIONALITY, SERVICES, PRODUCTS, AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. CHI OMEGA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, EFFICACY, RELIABILITY, OR VERACITY OF THE SITE. CHI OMEGA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE IS LEGAL UNDER ALL APPLICABLE LAWS AND REGULATIONS OR WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU USE THIS SITE AT YOUR OWN RISK. CHI OMEGA DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONALITY, OR FEATURES WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, USEFUL, COMPLETE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. CHI OMEGA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. CHI OMEGA MAKES NO WARRANTY AS TO THE SECURITY OF THE SITE. CHI OMEGA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, ITEMS, OR INFORMATION OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY SITE LINKED TO THIS SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHI OMEGA, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CHI OMEGA HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHI OMEGA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE.

INDEMNITY You agree to indemnify, defend and hold harmless Chi Omega, its affiliates, and their respective officers, directors, shareholders, employees, agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees), and damages arising out of or

relating to (i) your access or connection to, or use of this Site, including without limitation claims arising out of information, or content on the Site, (ii) your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by you of these Terms of Use, (iv) injury to persons (including death) or property, including loss or corruption of data caused by you. Chi Omega reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Chi Omega’s defense of such claims.

RELATIONSHIP BETWEEN THE PARTIES You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Chi Omega as a result of these Terms of Use or any access to or use of this Site. You agree not to hold yourself out as a representative, agent, or employee of Chi Omega and Chi Omega shall not be liable for any representation, act, or omission by you to the contrary.

NO ASSIGNMENT You shall not assign, delegate, or otherwise transfer your rights, interests, or obligations under these Terms of Use to any third party and any such attempted transfer shall be void. These Terms of Use shall inure to the benefit of the each party and their respective successors and assigns.

REMEDIES You agree that Chi Omega’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that in the event of any such actual or threatened breach Chi Omega shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that Chi Omega may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees. All rights and remedies granted to Chi Omega under these Terms of Use are cumulative, not alternative, and are in addition to all other rights and remedies available to Chi Omega at law or in equity.

GOVERNING LAW; VENUE; LIMITATIONS ON ACTIONS These Terms of Use and your access and use of the Site are governed by the laws of the State of Tennessee, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Shelby County, Tennessee, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or your access or use of the Site. You must commence any cause of action or claim against Chi Omega within one (1) year after the cause of action or claim arises, otherwise your cause of action or claim shall be barred.

SEVERABILITY; WAIVER; INTEGRATION If any portion of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms of Use will continue in full force and effect. Except as otherwise expressly stated herein, these Terms of Use represent the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises, or representations between them regarding the Site. The failure or delay of Chi Omega to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver or said right or provision. Any waiver granted by Chi Omega shall not obligate Chi Omega to grant any further, similar, or other waivers.

RESERVATION OF RIGHTS

Chi Omega reserves any and all rights not expressly granted herein.

CONTACT Please send any notices, questions, comments, or concerns regarding this Site to chiomega@chiomega.com, (901)748-8600, or:

Chi Omega Fraternity Executive Headquarters 3395 Players Club Pkwy Memphis, TN 38125 Attn: Director of Information Systems

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