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LinkedIn Alumni Network Terms of Service

Last Updated: [07/26/2021]

Welcome, and thank you for your interest in LinkedIn’s Alumni Network, available at www.linkedinalumninetwork.com (the “Alumni Network”). These Terms of Service are a legally binding contract between you and the applicable LinkedIn entity described below (“LinkedIn,” “we,” or “us”). 

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), the United Kingdom and Switzerland. 

If you reside in the Designated Countries, you are entering into these Terms with LinkedIn Ireland Unlimited Company (“LinkedIn Ireland”) and LinkedIn Ireland will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Alumni Network. 

If you reside outside of the Designated Countries, you are entering into these Terms with LinkedIn Corporation (“LinkedIn Corp.”) and LinkedIn Corp. will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Alumni Network.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LINKEDIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

Even though the Alumni Network is provided by LinkedIn, the Alumni Network is separate from the LinkedIn professional network and any other services provided or offered by LinkedIn (collectively the “Professional Network”), which is subject to separate terms and conditions. You acknowledge these Terms of Service do not apply to use of or access to the Professional Network, and nothing in these terms will be deemed to grant you any rights to access or use the Professional Network.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKINGI ACCEPT,” OR BY ACCESSING OR USING THE ALUMNI NETWORK, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE ALUMNI NETWORK, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ALUMNI NETWORK PRIVACY POLICY AND COOKIE POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Alumni Network. YOUR USE OF THE ALUMNI NETWORK, AND LINKEDIN’S PROVISION OF THE ALUMNI NETWORK TO YOU, CONSTITUTES AN AGREEMENT BY LINKEDIN AND BY YOU TO BE BOUND BY THESE TERMS.

1. Alumni Network Overview. The Alumni Network enables past employees of LinkedIn (“Alumni”) to connect, stay in touch, and build communities with one another, as well as enable Alumni to stay up to date with the latest information regarding Alumni events and other Alumni-related information from LinkedIn.

2. Eligibility. You must at least 18-years old to use the Alumni Network. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the Alumni Network; and (c) your registration and your use of the Alumni Network is in compliance with any and all applicable laws and regulations. 

3. Accounts and Registration. To access certain features of the Alumni Network, you may need an account for the Alumni Network (“Account”). In order to register for an Account, you must have been previously employed by LinkedIn. Current employees of LinkedIn and individuals who have never been employed by LinkedIn are not eligible to register for an Account. If we believe you are eligible, we may send you an email containing an invitation with a link to register for an Account. If you choose to register for an Account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You may be permitted to import information about yourself from the Professional Network or another third party service. By doing so, you agree that we have your permission to request and import that information, and use that information as contemplated by the Alumni Network and these Terms. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us at linkedinalumni@linkedin.com. We reserve the right to review your registration for an Account and determine, in our sole discretion, whether you will be permitted to register an Account or access the Alumni Network.

4. Licenses

4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, LinkedIn grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Alumni Network. 

4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Alumni Network; (b) make modifications to the Alumni Network; or (c) interfere with or circumvent any feature of the Alumni Network, including any security or access control mechanism. If you are prohibited under applicable law from using the Alumni Network, you may not use it.

4.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Alumni Network (“Feedback”), then you hereby grant LinkedIn an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Alumni Network and create other products and services, without an obligation of attribution to you.

5. Ownership; Proprietary Rights. The Alumni Network is owned and operated by LinkedIn. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Alumni Network (“Materials”) provided by LinkedIn are protected by intellectual property and other laws. All Materials included in the Alumni Network are the property of LinkedIn, its licensors, or the third-party owners of such intellectual property. Except as expressly authorized by LinkedIn, you may not make use of the Materials. LinkedIn reserves all rights to the Materials not granted expressly in these Terms.

6. Third-Party Services and Linked Websites. LinkedIn may provide tools through the Alumni Network that enable you to export information, including User Content (defined below), to third-party services (“Exported Information”) or import information about you from those third-party services (“Imported Information”). By using one of these tools, you agree that: (a) LinkedIn may transfer the Exported Information to the applicable third-party service, and (b) LinkedIn is authorized to request, collect, and store the Imported Information, and use it as permitted by the functionality of the Alumni Network, or as otherwise contemplated by these Terms. For clarity, the Imported Information will be deemed User Content. Third-party services are not under LinkedIn’s control, and, to the fullest extent permitted by law, LinkedIn is not responsible for any third-party service’s use of your Exported Information. The Alumni Network may also contain links to third-party websites. Except for the Professional Network, which is subject to separate terms and conditions, linked websites are not under LinkedIn’s control, and LinkedIn is not responsible for their content.

7. User Content

7.1 User Content Generally. Certain features of the Alumni Network may permit users to upload content to the Alumni Network, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Alumni Network. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Alumni Network.

7.2 Limited License Grant to LinkedIn. By providing User Content to or via the Alumni Network, you grant LinkedIn a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, publicly display, publicly perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

7.3 Limited License Grant to Other Users. By providing User Content to or via the Alumni Network to other users of the Alumni Network, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Alumni Network.

7.4 Specific Rules for Photographs and Images. If you post a photograph or image to or via the Alumni Network that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide right and license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including, but not limited to, the Alumni Network, the Professional Network, Facebook, Instagram, and Twitter, but not to promote any third-party product, good or service. The license contained in this Section does not permit the subject of any photograph or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

7.5 User Content Representations and Warranties. LinkedIn disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Alumni Network. By providing User Content via the Alumni Network, you affirm, represent, and warrant to us that:

you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize LinkedIn and users of the Alumni Network to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by LinkedIn, the Alumni Network, and these Terms;

your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) required LinkedIn to obtain authorizations, consents, licenses or permissions from or pay any royalties or other consideration to any third party for any uses of your User Content as authorized in these Terms; (iii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iv) cause LinkedIn to violate any law or regulation; and

your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.6 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. LinkedIn may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that, when using the Alumni Network, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against LinkedIn with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, LinkedIn does not permit copyright-infringing activities on the Alumni Network.

7.7 Monitoring Content. LinkedIn does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Alumni Network by its users. You acknowledge and agree that LinkedIn reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Alumni Network for operational and other purposes. If at any time LinkedIn chooses to monitor the content, LinkedIn still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below).

8. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

9. Prohibited Conduct. BY USING OR ACCESSING THE ALUMNI NETWORK, YOU AGREE NOT TO:

a. use the Alumni Network for any illegal purpose or in violation of any local, state, national, or international law;

b. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Alumni Network;

c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

d. interfere with security-related features of the Alumni Network, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Alumni Network except to the extent that the activity is expressly permitted by applicable law;

e. interfere with the operation of the Alumni Network or any user’s enjoyment of the Alumni Network, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Alumni Network; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Alumni Network;

f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Alumni Network account without permission, or falsifying your age or date of birth;

g. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or

h. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Copyright and Intellectual Property Protection. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). Please review our copyright policy available at https://www.linkedin.com/legal/copyright-policy (the “Copyright Policy”). The Copyright Policy is incorporated by this reference into, and made a part of, these Terms.

11. Modification of Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Alumni Network. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. 

12. Term, Termination, and Modification of the Alumni Network

12.1 Term. These Terms are effective beginning when you accept the Terms or first access, or use the Alumni Network, and ending when terminated as described in Section 12.2.

12.2 Termination. If you violate any provision of these Terms, your authorization to access the Alumni Network and these Terms automatically terminate. In addition, LinkedIn may, at its sole discretion, terminate these Terms or your Account on the Alumni Network, or suspend or terminate your access to the Alumni Network, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by contacting customer service at linkedinalumni@linkedin.com.

12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Alumni Network; (b) you will no longer be authorized to access your Account or the Alumni Network; and (c) Sections 4.3, 5, 7, 10, 12.3, 13, 14, 15, 16 and 17 will survive. 

12.4 Modification of the Alumni Network. LinkedIn reserves the right to modify or discontinue provision of the Alumni Network at any time (including by limiting or discontinuing certain features of the Alumni Network), temporarily or permanently, without notice to you. LinkedIn will have no liability for any change to the Alumni Network or any suspension or termination of your access to or use of the Alumni Network. 

13.  Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Alumni Network, and you will defend and indemnify LinkedIn, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “LinkedIn Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Alumni Network; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Disclaimers; No Warranties

14.1 THE ALUMNI NETWORK AND ALL MATERIALS AND CONTENT AVAILABLE ON OR THROUGH THE ALUMNI NETWORK ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LINKEDIN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE ALUMNI NETWORK AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE ALUMNI NETWORK, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LINKEDIN DOES NOT WARRANT THAT THE ALUMNI NETWORK OR ANY PORTION OF THE ALUMNI NETWORK, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE ALUMNI NETWORK, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LINKEDIN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ALUMNI NETWORK OR LINKEDIN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE ALUMNI NETWORK WILL CREATE ANY WARRANTY REGARDING ANY OF THE LINKEDIN ENTITIES OR THE ALUMNI NETWORK THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE ALUMNI NETWORK AND YOUR DEALING WITH ANY OTHER ALUMNI NETWORK USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE ALUMNI NETWORK AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE ALUMNI NETWORK) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

14.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LinkedIn does not disclaim any warranty or other right that LinkedIn is prohibited from disclaiming under applicable law.

15.  Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LINKEDIN ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE ALUMNI NETWORK OR ANY MATERIALS OR CONTENT ON THE ALUMNI NETWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LINKEDIN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2 EXCEPT AS PROVIDED IN SECTION 16.5(b) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LINKEDIN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE ALUMNI NETWORK OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO LINKEDIN FOR ACCESS TO AND USE OF THE ALUMNI NETWORK IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM AND (b) US$100.

15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1 Generally. In the interest of resolving disputes between you and LinkedIn in the most expedient and cost effective manner, and except as described in Section 16.2 and 16.3, you and LinkedIn agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LINKEDIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter that specifies: your full legal name, the email address associated with your Account on the Alumni Network, and a statement that you wish to opt out of arbitration to LinkedIn Corporation, Attention: Legal Department (Alumni Network Arbitration Opt-Out), 1000 W. Maude Ave, Sunnyvale, CA 94085 if you reside outside of the Designated Countries, or to LinkedIn Ireland Unlimited Company, Attn: Legal Dept. (Alumni Network Arbitration Opt-Out), Wilton Plaza, Wilton Place, Dublin 2, Ireland if you reside within a Designated Company (“Opt-Out Notice”). Once LinkedIn receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

16.4 Arbitrator. Any arbitration between you and LinkedIn will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting LinkedIn. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

16.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). LinkedIn’s address for Notice of Arbitration is: LinkedIn Corporation, Attention: Legal Department (Alumni Network Arbitration Opt-Out), 1000 W. Maude Ave, Sunnyvale, CA 94085 if you reside outside of the Designated Countries, or LinkedIn Ireland Unlimited Company, Attn: Legal Dept. (Alumni Network Arbitration Opt-Out), Wilton Plaza, Wilton Place, Dublin 2, Ireland if you reside within a Designated Company. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or LinkedIn may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or LinkedIn must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by LinkedIn in settlement of the dispute prior to the award, LinkedIn will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.

16.6 Fees. If you commence arbitration in accordance with these Terms, LinkedIn will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse LinkedIn for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

16.7 No Class Actions. YOU AND LinkedIn AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LinkedIn agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.8 Modifications to this Arbitration Provision. If LinkedIn makes any future change to this arbitration provision, other than a change to LinkedIn’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to LinkedIn’s address for Notice of Arbitration, in which case your Account with LinkedIn will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if LinkedIn receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.

17.  Miscellaneous

17.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and LinkedIn regarding your use of the Alumni Network. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Dispute Resolution; Governing Law. This section shall not deprive you of any mandatory consumer protections under the laws of the country to which we direct the Alumni Network to you, where you have your habitual residence.

a. If you live in the Designated Countries: You and LinkedIn Ireland agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to these Terms or the Alumni Network. Subject to Section 16, you and LinkedIn Ireland agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.

b. If you live outside of Designated Countries, including those who live outside of the United States: You and LinkedIn agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms or the Alumni Network. Subjet to Section 16, you and LinkedIn both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and LinkedIn each agree to personal jurisdiction in those courts.

17.3 Privacy Policy and Cookie Policy. Please read the Alumni Network Privacy Policy (the “Privacy Policy”) and Cookie Policy (“Cookie Policy) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy and Cookie Policy are incorporated by this reference into, and made a part of, these Terms.

17.4 Additional Terms. Your use of the Alumni Network is subject to all additional terms, policies, rules, or guidelines applicable to the Alumni Network or certain features of the Alumni Network that we may post on or link to from the Alumni Network (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5 Consent to Electronic Communications. By using the Alumni Network, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.6 Contact Information. The Alumni Network is offered by LinkedIn. You may contact us by emailing us at linkedinalumni@linkedin.com or by sending correspondence to: 

For LinkedIn Corp.:

Attn: Legal Dept. (Alumni Network)

1000 W. Maude Avenue

Sunnyvale, CA 94085

USA


For LinkedIn Ireland:

LinkedIn Ireland Unlimited Company

Attn: Legal Dept. (Alumni Network)

Wilton Plaza

Wilton Place, Dublin 2

Ireland


17.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Alumni Network or to receive further information regarding use of the Alumni Network.

17.8 No Support. We are under no obligation to provide support for the Alumni Network. In instances where we may offer support, the support will be subject to published policies.

17.9 International Use. The Alumni Network is intended for visitors located within the United States. We make no representation that the Alumni Network is appropriate or available for use outside of the United States. Access to the Alumni Network from countries or territories or by individuals where such access is illegal is prohibited.