Terms of Use

Terms & Conditions

EFFECTIVE DATE: October 2022

THESE TERMS AND CONDITIONS OF SERVICE, AS MAY BE MODIFIED OR AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2 (“TERMS“) ARE A BINDING CONTRACT BETWEEN MHP Management- und IT-Beratung GmbH (“MHP”) AND YOU (“YOU“). “YOU” refers to all current and former employees of MHP Management- und IT-Beratung GmbH, who are using this site. MHP Alumnus (“MHP ALUMNUS”) includes all former employees of MHP. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE TERMS “WE,” “US” AND “OUR” WILL MEAN MHP, UNLESS THE CONTEXT INDICATES OTHERWISE.

BEFORE USING THE MHP ALUMNI NETWORK WEBSITE (THE “SITE“), PLEASE READ AND AGREE TO THESE TERMS RELATING TO YOUR USE OF THE SITE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND CEASE USING THE SITE. WE MAKE THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS.

1. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT

The Site provides a way for You to stay connected with MHP and other MHP Alumnus with whom You previously worked (“Purpose”), including the opportunity to communicate with other MHP Alumni, to post information and to create comments to the posted information. You must be at least of legal age in the respective country and a MHP alumnus/a or employee to use this Site.

2. MODIFICATIONS TO TERMS

Changes to the Site as well as changes to statutory requirements may make it necessary for Us to amend these Terms (“Modification”). In the event of a planned Modification to these Terms , We will inform You about the content of the Modification at least four (4) weeks before the scheduled date of entry into force. The modified Terms will only come into effect if You have agreed to the Modification.

3. AVAILABILITY AND FUNCTIONALITY OF THE SITE

You may use the Site only when and as available. MHP offers the possibility to use the Site only with the functionalities and the quality that the Site currently provides at the time, but We do not promise any functionality or quality, except that the Site generally provides for the scope described in Section 1.

4. REGISTRATION

To use the Site, You must first complete the Site registration process to create an account with a user name and password (the “Account“). You agree to provide accurate, current and complete information during the registration process and when using the Site. You also agree that You will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness. If You provide any information that is inaccurate, not current, or incomplete or We have reasonable ground to suspect that such information is inaccurate, not current, or incomplete, We have the right without liability to suspend or terminate Your Account and refuse any and all current or future use of the Site (or any portion thereof).

5. MEMBER ACCOUNT; PASSWORD; SECURITY

You agree to safeguard Your user name and password (“Login Details”). A valid password must meet the following criteria:

Total number of characters: at least 12 characters
Letters: at least 4 characters
Numbers: at least 2 characters
Special characters: at least 1 characters
Lowercase letters: at least 1 characters
Uppercase letters: at least 1 characters

You must ensure that You protect the Login Details used for registration against access by third parties and store them in a secure and safe place. MHP has the right to request password changes from time to time. MHP may suspend access to Your Account until such password change has been made. You agree to be liable for any transactions associated with Your Account. You agree that We can rely upon the contact and other information that is supplied to Us using Your Account and that We will rely upon such information. You agree to (a) immediately notify Us of any unauthorized use of Your Login Details or Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. You agree and acknowledge that Your Account is non-transferable and non-assignable. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

6. PRIVACY POLICY

Protecting the individual’s privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. We created a Privacy Policy to demonstrate Our commitment to the individual’s right to data protection and privacy. This Privacy Policy outlines how We handle information that can be used to directly or indirectly identify an individual (“Personal Data”). For more information, please see Our Privacy Policy: Click here for Privacy Policy.

7. POSTING CONTENT

Subject to the Purpose specified in Section 1 above, We allow You to upload, post, email or otherwise transmit via the Site articles, information, photographs, videos and other content (“Content”). You are entirely responsible for all Content that You upload, post, email or otherwise transmit via the Site. We do not claim ownership of the Content You upload, post, email or otherwise transmit via the Site unless otherwise specified. However, by posting, uploading, inputting, providing or submitting Content, You are granting Us, Our affiliated companies and successors and assigns a nonexclusive, worldwide, royalty-free, perpetual, non-revocable license to use Your Content in connection with the operation of the Site, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content and to publish Your name in connection with Your Content. You acknowledge and agree that We may preserve Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of any Us, Our agents and employees, Our users and the public. You understand that the technical processing and transmission of the Site, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

8. PROHIBITED CONTENT

You must ensure that the Content provided via the Site does not violate personal rights, advertising, copyrights, publishing rights or any other rights of any other person; and no license or other fees are incurred through its use. In particular, You agree not to upload, post, email, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third-party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third-party claim of infringement; (c) of a type that You do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including but not limited to for example viruses, worms, time bombs and Trojan horses); (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; (g) in violation of any applicable law, regulation, or statute (including export laws); or (h) inconsistent with the purposes or objectives of this Site, as determined in good faith by Us.

9. PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following: (a) access or use the Site in any way that violates or is not in full compliance with any applicable law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended by Us, or other than in full compliance with these Terms; (b) access, tamper with, or use the Site in a manner not authorized; (c) “stalk” or otherwise harass another user of the Site; (d) alter information obtained from or available through the Site; (e) tamper with postings, registration information, profiles, submissions or content of other users; (f) use any robot, spider, scraper or other automated means or interface not provided by Us to access the Site; (g) extract data or gather or use information available through the Site through any means not intentionally made available or provided for through the Site; (h) transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters;” (i) advertise or offer to sell or buy any goods or services except as expressly permitted by a specific area of the Site; (j) frame any part of the Site, or link to the Site, or otherwise make it look like You have a relationship to Us or that We have endorsed You or Your content for any purpose except as expressly permitted in writing by Us; (k) impersonate or misrepresent Your affiliation with any person or entity; (l) manipulate identifiers in order to disguise the origin of content transmitted through the Site; (m) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (n) send to or otherwise impact Us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware,” or other code that could adversely impact the Site or any recipient; (o) interfere with or disrupt the Site or server or network connected to the Site, take any action that might impose a significant burden (as determined by Us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site; (o) unless explicitly specified otherwise, to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site; or (q) use the Site in any manner that is inconsistent with the Purpose or other objectives of this Site, as determined in good faith by Us.

10. MONITORING OF CONTENT

We are under no obligation to restrict or monitor Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT. Notwithstanding the foregoing, We reserve the right to modify or remove any Content at any time to ensure compliance with these Terms. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including other users, are those of the respective author(s) or distributor(s) and not Ours. We do not endorse and are not responsible for the accuracy, reliability, or quality of any opinion, advice, information, or statement made through the Site. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Site.

11. INDEMNIFICATION

As a condition of Your access to and use of the Site, You agree to hold Us, and Our directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sub-licensees and each of their respective successors and assigns harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) Your access to and use of the Site and the Content therein; (ii) Your violation of these Terms, any applicable law or the rights of another person or party; (iii) any dispute You have or claim to have with one or more users of the Site; (iv) Our resolution (if any) of any dispute You have or claim to have with one or more users of the Site; (v) Your improper authorization for Us to collect, use, or disclose any data or Content provided by You; and (vi) any disclosures made with Your permission (including, without limitation, Your consent that We disclose Your personal information and other information collected as set forth in Our Privacy Policy). Furthermore, You fully understand and agree that: (a) We will have the right but not the obligation to resolve disputes between users relating to the Site and Our resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Our resolution of a dispute will be final with respect to the Site.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE.

B. WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

MHP shall be liable in contract, tort or otherwise for loss or wasted expenditure only to the extent specified below:

A. In cases of intent and gross negligence, MHP shall be liable in accordance with the statutory provisions.

B. In other cases MHP shall be liable – unless provided for otherwise in this Section 13 – only for breach of a contractual duty the fulfilment of which is essential for the due and proper performance of the Terms and on the adherence to which You may regularly rely (so-called essential contractual obligation, Kardinalpflicht), and in such case be limited in amount to reimbursing the foreseeable damage typical under the Terms;

C. Where MHP’s liability is excluded or limited, this also applies in favour of legal representatives, employees and vicarious agents of MHP, provided that in case of gross negligence of MHP’s vicarious agents who are no legal representative or executive employees, MHP’s liability shall be limited to the compensation of foreseeable damages typical under the Terms, irrespective of whether an essential contractual obligations has been breached.

D. In all other cases MHP’s liability shall be excluded subject to the further provisions in this Section 13.

Contributory fault and contributory negligence may be claimed. MHP’s liability for life, personal injury or health as well as MHP’s liability under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by the aforementioned liability limitations and exclusions.

14. SUPENSION OF ACCESS

We may at Our sole discretion suspend Your access to the Site if We determine or have reasonable grounds to suspect that Your use of the Site (a) violates these Terms and/or applicable law, (b) infringes the rights of third parties, (c) poses a security risk to the functionality of the Site, (d) could subject MHP and/or other users to liability; (e) could be fraudulent; or You (f) provide inaccurate, not current, or incomplete information during the registration process or (g) refuse a requested password change by MHP. We also reserve the right to suspend Your access to the Site if You have refused to agree to a reasonable Modification of these Terms of use pursuant to Section ‎2 by the scheduled date of the Modification coming into effect. We will remove a suspension as soon as the reason for the suspension no longer exists. For this purpose, You are welcome to contact Us at alumni@mhp.com in order to obtain clarification. Further claims against You remain unaffected.

15. TERMINATION

MHP and You can terminate the Terms at any time without observing a notice period and without giving a reason. In case of termination Your account will be deleted. If Your Account is deleted, You may no longer have access to the copies of material or other Content available through the Site.. You agree that any termination of Your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or the Site. Further, You agree that we shall not be liable to You or any third-party for any termination of Your access to the Site. The provisions entitled “Posting Content,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Policy will survive termination of these Terms. For the avoidance of doubt, Our license rights to Content will survive any termination of these Terms and will not be limited, restricted, reduced or otherwise negatively affected by any termination or other action described in this paragraph. Our right to suspend Your access to the Site pursuant to Section 14 remains unaffected.

16. LINKS TO WEBSITES OF THIRD PARTIES

Links to websites of third-parties that We do not control may be found on or through the Site. Such advertisements and information may or may not be or remain wholly accurate. You acknowledge and agree that We are not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products or services on or available from such websites or resources. The inclusion of any link through the Site does not imply that We endorse the linked website. You use the links at Your own risk in accordance with terms and conditions of the third parties. Our Privacy Policy is applicable only when You are using the Site. Once You choose to link to another website, You should read and understand that website’s privacy policy before disclosing any personal information.

17. INTELLECUTAL PROPERTY RIGHTS

Unless otherwise explicitly provided in these Terms, all rights to the Site, functionalities and documentation as well as the other services of MHP in the relationship between the parties are owned by MHP, its Affiliates or licensors. The preceding sentences also apply in particular with regard to feedback, suggestions, ideas provided by You for the use of the Site.

18. TRADEMARK INFORMATION

MHP Alumni Network, MHP Management- und IT-Beratung GmbH and other MHP logos and product and service names are trademarks of MHP (the “Marks“) respectively. Without MHP’s prior permission as applicable, You agree not to display or use the Marks in any manner whatsoever.

19. COPYRIGHT INFRINGEMENT

If You believe Your work has been reproduced in a way that constitutes copyright infringement, You may provide a notice to Our copyright agent. We respect the intellectual property rights of others and request that the people who use the Site do the same. If You believe that Your work has been copied and is accessible through the Site in a way that constitutes copyright infringement, You may notify Us by providing Our copyright agent with the following information in writing:

A. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

B. identification of the copyrighted work that You claim has been infringed;

C. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Us to locate the material (for example, by providing a URL to the material);

D. Your name, address, telephone number, and email address;

E. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement can be reached at: Copyright Agent, alumni@mhp.com.

20. NOTICES AND CONTACT INFORMATION

Except as otherwise provided in these Terms, We will give You any notices by posting them on the Site. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site. You authorize Us to provide notice (including without limitation notice of subpoenas or other legal process, if any) to any email or other address that You provide during registration. You agree to keep Your address current and that notice provided by Us to the address that You have most recently provided will constitute effective notice. We receive many emails and not all of Our employees are trained to deal with every kind of communication, so You agree to send Us any notice by mailing it to Our email address for Legal Notices related to the site which is: alumni@mhp.com. If You would like more information or have a complaint about Our Site, please contact Us at: alumni@mhp.com.

21. OTHER PROVISIONS

A. No Agency; No Third-Party Beneficiary.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither You nor We intend that any third-party will be a beneficiary of or entitled to rely on any part of these Terms.

B. Severance.

If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

C. No Assignment.

These Terms are personal to You and You may not transfer, assign or delegate these Terms to anyone without Our express written permission. Any attempt by You to assign, transfer or delegate these Terms without Our express written permission will be null and void. We shall have the right to transfer, assign and/or delegate these Terms to one or more third-parties without Your permission.

D. Jurisdiction; Choice of Law; Export Limitations.

The Site is controlled and operated by Us from offices within Germany. These Terms and all performances and claims of every nature relating in any way to any aspect of the Site will be governed by the laws of Germany, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located in Ludwigsburg, Germany.

E. Paragraph Headings.

The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

F. Entire Agreement.

These Terms (including terms incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by Us and consents provided by You on the Site comprise the entire agreement (the “Entire Agreement“) between You and Us with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

G. No Waiver.

Our failure to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Our right to act with respect to subsequent or similar breaches. We suggest that You print out a copy of these Terms for Your records.