Welcome to pbk.org, the website operated by the Phi Beta Kappa Society (“Phi Beta Kappa”). This Agreement (the “Terms of Use”) sets forth the terms and conditions that govern your access to, and use of, this website (the “Website”) and any information you access through the Website. By using the Website, you agree to comply with all of these terms and conditions. By viewing or using the information, services and links provided by the Website, you agree to comply with, and be bound by, these Terms of Use.
Phi Beta Kappa reserves the right to change the Terms of Use, including our Privacy Policy, from time to time, as we deem appropriate, without advance notice. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of the Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the Terms of Use so that you always will know what terms and conditions apply to your access to and use of the Website. Your continued use of the Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
Copyright & Trademark
All of the information, data, applications, widgets, references, links, sources, statements, trade names, intellectual property, logos, graphics, pictures, designs, compilations, presentations, events and any and all other matters contained in, accessed through, or related to, the Website (collectively, the “Content”) are protected under applicable copyright, trademark, unfair competition and other proprietary laws and rights. Without limiting the generality of the foregoing, the name "Phi Beta Kappa", the Greek letters "ΦΒΚ ", the Phi Beta Kappa Key, the newsletter name "The Key Reporter" and the Magazine name "The American Scholar" are registered trademarks owned by the Phi Beta Kappa Society. All rights in and to each and all said marks of the Phi Beta Kappa Society are reserved, as specified in the Trademark Notice on the Website.
Phi Beta Kappa respects the intellectual property rights of others and expects users of the Website to do the same. You may not use the marks or logos on the Website for any unauthorized or illegal use or purpose. You do not acquire any ownership, license or other use rights to any Content viewed, acquired or accessed through the Website, except only for the limited license expressly provided for herein. You may not claim any such Content as your own or create derivative works based upon such Content. Some of the Content on the Website (including links, tweets, applications, and multimedia items) is the intellectual property of third parties. Any reference to, or reproduction of, the Content or the names and sources used herein, must attribute Phi Beta Kappa, the Website, or the appropriate third party as the source. Any unauthorized or improper use of the Content will be subject to appropriate legal action.
We will respond to notices of alleged copyright or trademark infringement that comply with applicable law and are properly provided to us. If you believe that the Website has copied or used content in a way that constitutes copyright or trademark infringement, please provide Phi Beta Kappa with the following: (i) a signature or authorization of the owner of such rights; (ii) identification and proof of ownership or rights to use of the protected work; (iii) identification and a description of the material or use that you believe is infringing; (iv) your contact information including your name, mailing address, telephone number, and email address; (v) a statement that the use of the protected work is unlawful or not authorized; and (vi) a statement under oath that the information provided is accurate and complete, and that you are the owner or are authorized to act on behalf of the owner of such protected work. Phi Beta Kappa reserves the right to remove any content claimed to be infringing in our sole discretion without prior notice and without liability to you.
Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website in accordance with these Terms of Use. Authorized use is limited to internal, personal, non-commercial purposes except as otherwise expressly provided. The purpose of the Website is to promote and provide information about Phi Beta Kappa, its chapters, members, affiliates and their respective activities, publications, accomplishments and achievements. Use of the Content for these purposes is permitted. Any reproduction of the Content is limited to the uses authorized by the Website and Phi Beta Kappa and is subject to all of the intellectual property rights and other policies described herein. The unauthorized copying, redistribution, use, or publication of the information, names and data from any part of the Website or any other Content is strictly prohibited.
Restricted and Prohibited Uses
Your license for access and use of the Website and the Content is subject to all applicable laws, regulations and rules, as well as the following restrictions and prohibitions on use. You may not (i) use the Content or the Website for any purpose or in any manner that violates any local, state or federal law, regulation, rule, code or ordinance or that is prohibited by these Terms of Use; (ii) attempt to gain unauthorized access to any systems, networks, accounts, records or personal information not available to the general public through hacking or any other means; (iii) copy, republish, display, distribute, transmit, sell, license, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or its Content for commercial purposes or uses not authorized by these Terms of Use; (iv) use the Website or the Content obtained from it to develop, assemble or manipulate, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), which is offered for commercial distribution of any kind; (v) create unauthorized compilations or derivative works of any Content from the Website; (vi) use any Content from the Website in any manner that may infringe any intellectual property rights, proprietary rights, or other lawful rights of Phi Beta Kappa, its chapters, members, contributors, or any third parties; (vii) remove, change or obscure any copyright, trademark or other proprietary notice contained on the Website; (viii) remove, decompile, disassemble, monitor or reverse engineer any source code, architecture, or software obtained from the Website; (ix) use any automatic or manual process to monitor, copy, harvest or compile Content from the Website; (x) use the Website for the purpose of gathering information used for “spamming,” mass marketing or similar actions; (xi) use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Website, or (xii) use this Website in any manner that could damage, disable, overburden, or impair any servers, networks or equipment related to the Website.
You may provide links to the Website, provided (i) that you do not remove, alter or obscure, through any means, notices or sources listed on this Website, (ii) your use does not involve or endorse any illegal, immoral or objectionable uses, activities or organizations, (iii) your use of this Website does not violate or conflict with these Terms of Use, and (iv) you agree to discontinue such links to the Website immediately upon request by us.
Accounts or users engaging in any prohibited behaviors may be investigated for abuse, suspended, blocked and/or terminated. Phi Beta Kappa reserves the right to investigate, read, preserve, disclose or take any other action for any Content or users if it believes such actions are reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, (iii) address fraud, security or technical concerns, (iv) respond to requests or complaints from other users or applicable governmental, quasi-governmental or private authorities, or (v) protect the rights, property or safety of Phi Beta Kappa, users of the Website or the public. Upon termination of your right to use this Website, all licenses and other rights granted to you in these Terms of Use will cease immediately and without further notice.
Third Party Content
Third party Content appears on the Website and may be accessible via links, redirects or other outside sources from this Website. These links are provided solely as a convenience to you and not as an endorsement of the content, services or information of those outside sources. You understand that third party providers or contributors are independent from Phi Beta Kappa and that Phi Beta Kappa does not verify, endorse or support such outside websites, accounts, information, statements and opinions. You expressly acknowledge and agree that Phi Beta Kappa is in no way responsible or liable for any such outside information, services or websites. By using this Website, you may be exposed to Content that you may consider offensive, harmful, inaccurate, deceptive or otherwise inappropriate. Phi Beta Kappa is not responsible for the legality, reliability, truthfulness, or accuracy of any outside information or content provided by third parties and under no circumstances will Phi Beta Kappa or its affiliates be liable for such information. If you encounter any objectionable, illegal or questionable outside information or content accessed through the Website, please bring it to our attention immediately.
User Content
You are responsible for your use of the Website and for any Content you provide or post to it including, without limitation, pictures, videos, blog entries, tweets, links, statements and personal or commercial information. Any Content you provide will be visible to, and usable by, members of the public and other services and websites. You are responsible for any consequences relating to the Content you provide, and you should be comfortable sharing this Content with others. You agree not to provide or display any trade secrets, confidential or proprietary information, or sensitive financial or personal information of any third party without that person’s consent or authorization. You also agree not to post any false, deceptive, harassing, intimidating, violent or intentionally harmful information or statements. You may not use obscene or pornographic text, images or links to websites in either your submitted Content or your account to which such Content refers. By submitting, posting or displaying Content on or through the Website, you (i) represent that you have the right to use and distribute such Content, (ii) waive any right or claim to compensation for such Content, and (iii) grant to Phi Beta Kappa a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, expand, sublicense, adapt, modify, publish, transmit, display and distribute such Content for Phi Beta Kappa’s own purposes, to the public or to third parties, in any capacity or by any method, whether currently known or later developed. Phi Beta Kappa reserves the right to remove or limit distribution of Content as it deems appropriate.
DISCLAIMERS AND LIMITATIONS
PHI BETA KAPPA DOES NOT CERTIFY, WARRANT OR GUARANTEE THE ADEQUACY, SEQUENCING, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. CONTENT AND OTHER INFORMATION ON THE WEBSITE MAY BE PROVIDED BY THIRD PARTIES OVER WHOM PHI BETA KAPPA HAS LITTLE OR NO CONTROL AND MAY NOT BE INDEPENDENTLY VERIFIED OR ASSESSED. ALL CONTENT AND OTHER INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NOT AS AN EXCLUSIVE BASIS FOR DECISION-MAKING OR FOR THE PREPARATION OF REPORTS, OFFICIAL STATEMENTS, PUBLIC FILINGS OR CERTIFIED INFORMATION. YOU ASSUME THE ENTIRE RISK OF RELYING ON THE ACCURACY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE AND YOU WAIVE ALL RIGHTS, DAMAGES, CLAIMS AND DEFENSES BASED ON ANY LOSSES, DAMAGES OR DETRIMENTAL EFFECTS FROM YOUR USE OF, OR RELIANCE UPON, THE CONTENT AND OTHER INFORMATION ON THE WEBSITE. YOU SHOULD EXERCISE DUE CAUTION AND SEEK INDEPENDENT VERIFICATION OR ADVICE BEFORE ENTERING INTO ANY LEGAL OR FINANCIAL OBLIGATION BASED ON ANY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE. NOTHING CONTAINED ON, OR ACQUIRED FROM, THE WEBSITE SHOULD BE CONSTRUED AS PROVIDING INVESTMENT, LEGAL, TAX OR ACCOUNTING ADVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT PHI BETA KAPPA, ITS CHAPTERS, MEMBERS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR THIRD PARTY SUPPLIERS WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PARTY FOR DIRECT OR INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, THAT ARISES OUT OF, OR IS CONNECTED WITH, ANY ACCESS TO OR USE OF THE WEBSITE, THE CONTENT OR ANY OTHER INFORMATION ON THE WEBSITE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU RELATING TO ANY USE OF THE WEBSITE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PHI BETA KAPPA IN THE PAST 12 MONTHS SOLELY AND DIRECTLY FOR THE USE OF THIS WEBSITE. PHI BETA KAPPA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW.
ALTHOUGH WE PROVIDE THESE TERMS OF USE TO GOVERN USER CONDUCT, PHI BETA KAPPA DOES NOT CONTROL OR DIRECT THE ACTIONS OF WEBSITE USERS AND IS NOT RESPONSIBLE FOR THE CONTENT, COMMENTS, SPEECH OR ACTIONS OF SUCH USERS INCLUDING, WITHOUT LIMITATION, ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OBJECTIONABLE CONTENT PROVIDED BY OTHER USERS OF THE WEBSITE. PHI BETA KAPPA CANNOT MONITOR OR CONTROL ALL CONTENT AND INFORMATION POSTED ON THE WEBSITE. ALL USER AND THIRD-PARTY CONTENT AND INFORMATION, WHETHER POSTED ON THE WEBSITE OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINATED SUCH INFORMATION. ANY USE OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK AND RESPONSIBILITY.
Registration, Member Accounts, and Security
To protect member account information, Phi Beta Kappa assigns each member a unique user name and/or password. As a user of the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Website due to someone else using your account or password. Please see our Privacy Statement for further information regarding your account or password.
Certain sections of or offerings from the Website or a third party may require you to register with the website of another party. Phi Beta Kappa does not control the content, websites or information from outside entities of contributors and your registration or use of such sites or information is governed by the terms and policies of use by such providers.
Transfer and Assignment
Your license to use the Website is not transferable or assignable. Any user information or related permissions are not transferable or assignable. Phi Beta Kappa reserves the right to limit, deny or revoke access to the Website at any time, with or without cause.
Errors, Corrections, and Changes
Although we make reasonable efforts to maintain the operation of the Website, we do not represent or warrant that the Website will be error-free, function as intended and free from any harmful components. The Content and offerings on the Website are always evolving and we may make changes to the features, functionality, or Content of the Website at any time. We reserve the right in our sole discretion to immediately limit or discontinue use or access to the Website and to remove, modify, suspend, or restate any Content at any time in our sole discretion. Any changes to these Terms of Use or the Content will be binding and effective as of the date and time posted.
International
We control and operate the Website from the United States, and all information is processed within the United States. Without limiting the generality of other disclaimers and limitations set forth herein, we do not represent that materials on the Website are appropriate or available for use in other locations.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Phi Beta Kappa, its chapters, members and affiliates and their respective members, managers, officers, employees, agents, contractors, successors, assigns, or third party suppliers harmless from any liability, loss, claim or expense, including reasonable attorney’s fees, resulting from any claims, damages or actions related to your use of the Website or any Content or other information provided or used by you.
Miscellaneous
These Terms of Use, our Privacy Policy and the additional terms and conditions set forth in the Website constitute the entire agreement between you and Phi Beta Kappa regarding your use of, and access to, the Website and the Content. Any purported waiver by Phi Beta Kappa of any term or condition of these Terms of Use, the Privacy Policy or any additional terms and conditions set forth in the Website shall not be effective unless contained in a written document signed by an authorized representative of Phi Beta Kappa. Your use of the Website and the license provided for herein does not constitute any partnership, joint venture or similar business relationship between you and Phi Beta Kappa. No delay, forbearance or failure of Phi Beta Kappa to enforce any right or provision of these Terms of Use will be construed as a waiver of such rights. Any claim or cause of action you may have with respect to Phi Beta Kappa or the Website must be commenced within one year after the claim or cause of action arose or the same will be deemed waived. If any provision within these Terms of Use is held to be invalid or unenforceable, that invalid or unenforceable provision will be narrowed or deleted to the extent required to render it valid and enforceable, but all of the remaining provisions in these Terms of Use will remain in full force and effect. These Terms of Use, and your access to the Website, are governed by the laws of the District of Columbia. In the event of any dispute regarding the interpretation or compliance with these Terms of Use, you consent to the exclusive jurisdiction and venue of the local and federal courts located in the District of Columbia.