Bain Alumni Platform – Terms of Use

These terms and conditions (“Terms of Use”) constitute a binding legal agreement between you and Bain & Company Inc. (“Bain”) governing your access to and use of the Bain Alumni platform and its Content (as defined below) (the “Platform”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, REVIEWING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.

The Platform may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on the Platform may contain technical inaccuracies or typographical errors. Bain may, in its sole discretion, revise, amend, modify or delete portions of these Terms of Use at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms of Use. Your continued use of the Platform constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms of Use.

Accessing and using the platform; Restrictions on use

Subject to your ongoing compliance with these Terms of Use, Bain hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Platform solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, Bain does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Bain promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

Your use of the Platform, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content.

You agree to provide accurate information on the Platform and keep it updated. Further, you agree to use your real name on your profile and use the Platform in a professional manner. Your account access credentials are confidential; you agree to use a strong password and keep it confidential. You will not permit others to access your account or give your access credentials to anyone else.

You shall comply with these Terms of Use and shall not:

  • archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Platform;
  • delete the copyright or other proprietary rights notices from the Platform or any Content;
  • circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Platform;
  • use any robot, spider, scraper or other automated means to access the Platform;
  • decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform;
  • use the Platform for the purpose of mass marketing or for spamming multiple users for marketing or sales purposes, including but not limited to posting content or information via any feeds or message boards on the Platform and via private messaging on the Platform;
  • use the Platform to harass, threaten, intimidate, defame or cause offense to others;
  • create a false identity on the Platform, misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another’s account;
  • disclose information that you do not have the consent to disclose (such as confidential information of others);
  • monitor the Platform’s availability, performance or functionality for any competitive purpose;
  • insert any code or product or manipulate the Platform in any way;
  • use any data mining, data gathering or extraction method;
  • upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform, including any software viruses or any other computer code, files or programs; or
  • use or encourage the use of the Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

Bain shall have the right to alter, limit, suspend or discontinue the Platform or your access to or use of the Platform at any time for any reason without notice or liability to you or any third party. Your content may still be available on the Platform even if your access is terminated or suspended. The Platform may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which Bain shall not take on any liability.

Copyrights and use of platform content

The copyright in all materials, features and functionality on the Platform, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, “Content”), is the exclusive property of Bain or its licensors and is protected by U.S. and international laws.

None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bain or the copyright owner in each instance. You shall not “mirror” or “frame” any Content or the Platform itself, in whole or in part, without Bain’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.

You shall be solely responsible for ensuring that any information or Content obtained from the Platform does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.

Third Parties

The Platform may display, incorporate, contain links to, connect with, or be made available to you via third-party products, services, and websites (collectively, “Third-Party Products”). Any statements, services, offers, or other information that constitutes part of the Third-Party Products made available by other users or other third parties on the Platform, or which are accessible through or may be located using the Website, are those of the respective owners and not of Bain or its representatives. Bain does not control Third-Party Products and does not guarantee the accuracy, integrity or quality of such Third-Party Products. Third-Party Products are governed solely by the terms and conditions of those Third-Party Products and the applicable flow through provisions.

You agree to be bound by the Third Party Product’s terms and conditions to which you may be required to agree by accessing the Website. Bain is not responsible for the performance of and does not endorse any Third-Party Products. Bain is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Products. It is your responsibility to evaluate the information, opinion, advice, or other services available on and through the Platform. Third Party Products shall have no warranty, support or other obligation to you.

By using the Platform you agree to be bound by Google’s Terms of Service available at https://www.google.com/intl/en/policies/terms. The Platform includes Google Maps features and content. Use of Google Maps features and content is subject to the current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

Trademarks

The trademarks, service marks, logos and trade names (the “Trademarks”) used and displayed on the Platform, including, but not limited to, BAIN®, are registered and unregistered Trademarks of Bain. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Bain intellectual property displayed on the Platform. Bain aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark and trade name BAIN® and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Platform, without prior written permission from Bain and you shall not refer to or attribute any information to Bain or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. Bain also prohibits use of BAIN® and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Bain in writing.

User postings

You grant Bain a perpetual, worldwide, non-exclusive, transferable and sublicensable right to use, copy, modify, distribute, publish, display and process, any and all information that you post, submit, share or otherwise publish on the Platform (“Submissions”), without any further consent, notice and/or compensation to you or others. You hereby waive all claims against Bain for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions.

Bain does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board or feed, or otherwise distributed through the Platform by any user of the Platform, information provider or any other third party.

Bain expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk.

You covenant that you shall not post, submit, share or otherwise publish on the Platform any information or materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements.

Bain in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Platform, in whole or in part, for any reason.

No services, endorsement or professional consultation

There may be delays, omissions or inaccuracies in information obtained through your use of the Platform. The information on the Platform is provided to you with the understanding that Bain’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Platform should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Bain does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Platform by Bain, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Bain does not grant any license or other authorization to you to use the Platform in any manner if such use in whole or in part suggests that Bain promotes or endorses a third party’s causes, ideas, political campaigns, political views, websites, products or services.

Disclaimer of warranties

THE PLATFORM, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BAIN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BAIN DOES NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THE PLATFORM IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE PLATFORM SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL BAIN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THE PLATFORM OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

IN NO EVENT SHALL BAIN’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification

You hereby indemnify, defend, and hold harmless Bain and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Platform, or (ii) any breach by you of these Terms of Use or the representations, warranties, and covenants you have made by agreeing to these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim. Bain reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

No Assignment

You may not assign or transfer these Terms of Use (or the rights and licenses granted under them). Your account cannot be transferred to another individual. We may assign these Terms of Use (or the rights and licenses granted under them) to another company or person without restriction.

Enforcement of terms and conditions

These Terms of Use are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Massachusetts. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute or claim involving Bain. If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Infringement notices and takedown

Bain prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Platform infringes your copyright or other intellectual property rights, you should notify Bain of your copyright infringement claim in accordance with the following procedure. Bain shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the Platform’s Designated Agent who is:

Ana Smith, Esq.

Bain & Company, Inc.

131 Dartmouth Street

Boston, Massachusetts 02116

United States

ana.smith@bain.com

Telephone: +1 617 572 2000

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Entire agreement

These Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and Bain with respect to the subject matter of these Terms of Use and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of these Terms of Use shall be effective only if in writing and signed by Bain. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other provision of these Terms of Use.

BY ACCESSING THE PLATFORM YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE PLATFORM.