GradTrack Terms and Conditions of Use
The following are general terms and conditions governing the use of the GradTrack® web site and related services and programs.
GradTrack® and the GradTrack website ("Site") are a service of Jostens, Inc. Jostens provides this service to schools and individual students subject
to the following Terms and Conditions of Use ("Terms"). By accessing and using this Site, you are agreeing to comply with and be bound by the Terms as
authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content
transactions. For clarity, the use of the word "you" or "your" refers to either a school or an individual, depending on how the Site is being accessed.
Jostens is a leading provider of class rings, yearbooks, diplomas, graduation regalia and other scholastic recognition and commemoration products and services.
Through this Site, you may (among other activities) order products from Jostens, track an order, submit information and manage events (collectively, the "Services").
Unless specifically stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
Jostens reserves the right to modify these Terms at any time without giving you prior notice. Your use of the Site following any such modification constitutes
your agreement to follow and be bound by the Terms as modified. The last date these Terms were revised is set forth below.
- Proprietary Rights of Jostens. The Site contains information, text, photographs, designs, graphics, images and other materials and
effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned
by Jostens or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in
all forms, media and technologies existing now or hereinafter developed. You agree not to display or use the Content in any manner, without Jostens'
written permission. Images uploaded by you are not considered part of the Content and are not restricted by this paragraph. For more on uploaded images,
please see below.
- Copyright. The Site and the Content are protected by U.S. and international copyright laws and treaties, and belong to Jostens or its
partners, affiliates, contributors or third parties. Except as specifically authorized in these Terms: (a) you may not reproduce, publicly display, modify,
transmit, publish, transfer, or distribute the Content, (b) you may download and print a single copy of the Content for non-commercial, private purposes
only and consistent with these Terms, and (c) you may not manipulate or alter the Content in any way without permission from Jostens.
- Trademarks. Nothing in these Terms grants any license to you to use Jostens name or trademarks in any manner. You are prohibited from using
any of the marks or logos appearing throughout the Site without the express written consent from the trademark owner, except as permitted by applicable law.
- Responsibility for Information. You are responsible for all of the information you supply or provide to or through the Site, including
the appropriate spellings of names. By providing information to or through the Site, you represent and warrant to Jostens that you have the legal right
to do so, that it will not violate any law or the rights of any person or entity, and by doing so, Jostens has the right to provide any services to you
- Responsibility for Your Images. In the event you upload or provide images to or through the Site, you are responsible for all of the
images you upload, share or copy using the Service. By uploading, sharing, or printing an image, you represent and warrant to Jostens that you have the
legal right to do so, that you own the copyright in the image and/or have the right to license Jostens to use, copy, print, distribute and display that
image, that the images do not contain any content that violates any applicable law or regulation, that the image is not defamatory and does not invade
the privacy or other rights of any third party, that you agree to waive all moral rights in the image and to assign to Jostens the benefit of any waiver
of moral rights you hold in the image, and that identifiable person in the images has consented to the use and disclosure of the image.
- Consumer Information and Privacy. Providing you with a secure online experience is a high priority of Jostens, and we have devoted a great
deal of effort to ensure that your personal information, whether provided by the individual or by a school, is safeguarded. All information about you is stored
on a secure server behind an industry-standard firewall. In addition, your transactions are supported by industry-standard data encryption. Following is an explanation
of how Jostens protects and secures your personal information.
As part of the Services, Jostens gathers two primary categories of information:
information gathered from Site users and information gathered from Schools.
The following information may be automatically gathered from you as a Site user
- your school i.d. and username;
- your e-mail address if you communicate with us via e-mail;
- information on what pages you access or visit; and
- any information volunteered by you, such as survey information and/or site registrations.
As part of the GradTrack service, student information, such as a student roster or name list, is also provided to Jostens by schools. The student
information will be used in compliance with applicable laws and with these terms and conditions (see below for more detail on use on information),
however it is the responsibility of the school to ensure that the distribution of student information to Jostens for use in this Service is in
compliance with all applicable laws and regulations, including school and school district rules and regulations. Bu transmitting information to
Jostens through or to the Site, you represent and warrant to Jostens that you have taken all necessary steps to ensure that the distribution of
student information to Jostens for use in this Service is in compliance with all applicable laws and regulations, including school district rules.
Use of Information
Jostens uses the information we collect to manufacture requested products and provide requested services, to respond to requests and to process or
ship orders. The information is also used to enhance the level of service to visitors, improve the content of our products and our Web page, and
notify consumers about available products and services.
Notwithstanding the foregoing, information gathered in connection with GradTrack will only be used as necessary to perform the Services related to
the GradTrack program or otherwise provided in these Terms.
To better serve our customers, Jostens does research on customer demographics, interests, and preferences based on information provided through its
Web sites. Jostens may confidentially share aggregated data with its business partners, however, Jostens does not sell, rent, or otherwise disclose
any customer names or other personally identifiable information collected through this site, or share such information with any third parties except
as necessary to process customer orders. Jostens will not make its customer lists available to other companies.
If you have provided your e-mail address to us, Jostens may send promotional messages about products or services that may be of interest to you. Only
Jostens will send you e-mail, and only if you have not instructed us otherwise.
As part of your personal profile, you will be asked whether you prefer to have information on other Jostens products sent to you by Jostens. In the
event you prefer not to be contacted by Jostens regarding products and offers, you may at any time update your personal profile to reflect your
- User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security
of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or
otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner
that might interfere with the rights of third parties. You agree not to provide any information to Jostens that is false or misleading, that attempts
to hide your identity or that you do not have the right to disclose; or resell the Service or any portion of the Service.
Without limiting the foregoing, you agree not to use the Service to (a) upload, post, order for print, email or otherwise transmit or communicate any
material(i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or
objectionable or which contains nudity, lewd or lascivious acts, or any act, costume, design, action or other matter with is not appropriate for
families (ii) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any
copyright, trademark, patent or other intellectual property right or any moral right of any party including but not limited to Jostens, or
(iii) that is likely to cause harm to Jostens or anyone else's computer systems, or allow unauthorized access to the Service, which may cause
any defect, error, malfunction or corruption to the Service; (b) to harm minors in any way, including, but not limited to, content that
violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(d) for any commercial purpose other than the Services provided; (e) to transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (f) to impersonate any person or entity,
or otherwise to misrepresent your affiliation with a person or entity; or (g) to collect, intercept or harvest screen names, to collect,
intercept or store personal data about other users of the Service or to solicit or attempt to discover such data.
- Suspension and Termination of Access. You agree that Jostens may at any time without notice: move, change, or suspend any part of
the Service; or refuse to fulfill any order, or any part of any order. Jostens may terminate your account and delete any content stored in your account
if, in Jostens' sole discretion, you fail to comply with any these Terms, or if requested or required by law enforcement or another legal or regulatory
- Availability. Jostens endeavors to make the Service available 24 hours a day 7 days a week. However, there will be occasions when the Site will be
interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that Jostens will not
be liable to you for any modification, suspension, discontinuance or interruptions in or of the Site. You are responsible for creating backups of any
content you post to the Site.
- DISCLAIMER. THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. JOSTENS IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, JOSTENS EXERCISES NO
EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR
MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, JOSTENS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER
OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF,
OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY JOSTENS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE
SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
- LIMITATION OF LIABILITY. YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER JOSTENS NOR ANY OF ITS AFFILIATES OR OTHER
PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE,
WILL BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM JOSTENS OR THE SITE,
OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO JOSTENS RECORDS OR THE SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY INFORMATION TO JOSTENS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY LOSS OR DAMAGE TO YOUR INFORMATION OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR INFORMATION.
Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations
may not apply to you in such states, Jostens's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no
event, exceed $100.00 in aggregate.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD JOSTENS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SITE, THE
SERVICE, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
- Applicable Law. The Site is controlled by Jostens from its offices within the State of Minnesota, United States of America. Since it
can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of
Minnesota, by accessing the Site both you and Jostens agree that the statutes and laws of the state of Minnesota, without regard to the conflicts of
laws principles thereof, will apply to all matters relating to use of the site and its contents. Jostens makes no representation that the Content
is appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely
responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation
other Jostens web site, the Service, or the Content (collectively, "Disputes") will be exclusively venued in a state or federal court located in
the State of Minnesota, United States and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.
- Links to Other Websites and Services. The Site may from time to time contain links to other sites. Except as otherwise indicated,
the linked sites are not under the control of Jostens and Jostens is not responsible for the content of any linked site or any link contained in a linked
site, or any changes or updates to such sites. Jostens reserves the right to terminate any link or linking program at any time. Jostens is providing these
links to you only as a convenience. Jostens does not endorse companies or products to which it links and reserves the right to note as such on its web pages.
If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data
that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the
vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures
without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail,
flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the
- Special Legal Considerations. Jostens reserves the right to cooperate with local, state and federal officials in any investigation
relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal
information furnished by you or collected by Jostens to law enforcement authorities or other relevant or related third parties. Jostens reserves
the right to change the foregoing terms at any time by posting changes on-line. You are responsible for reviewing information posted on-line to
obtain timely notice of such changes. Your continued visits, use of the services and/or purchase of merchandise through the site constitutes
your acceptance of these terms, as modified by any posted changes.
- General. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Jostens to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Jostens in writing. The Terms, as amended from time to time, comprises the entire agreement between you and Jostens and supersede
all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms,
Jostens reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused
Services, if applicable. If you have any questions or comments regarding these conditions, please contact the Jostens Legal Department at 952.830.3300.
- Children. This website is not directed at children under the age of 13. Jostens does not intend to gather personal information from
children under 13, except to respond to a specific e-mail request, without parental consent. If you are under the age of 18, be sure to ask for
permission from a parent or guardian before sending us any information about yourself. Parents can review or have deleted any personal information
provided by their children by sending an e-mail to email@example.com.
- Assignment. Jostens may assign its rights and responsibilities hereunder without notice.
- Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
© Copyright 2009, Jostens Inc. All rights reserved.
DATE OF LAST MODIFICATION
January 6, 2009