Bank of America Alumni Network Digital Platform Terms of Use

The Bank of America Alumni Network digital platform (the “Platform”) is a website and mobile application operated by companies within the Bank of America group of companies (collectively, “the Company”) which Bank of America alumni (“users” or “you”) may use to become members of the Bank of America Alumni Network and access content, news, alumni programs, and events.

Please read these Terms & Conditions (these “Terms”) carefully before using the Platform. These Terms create a legal agreement between you and Company that affects our respective legal rights, obligations, and liabilities. Among other things, these Terms include a mandatory arbitration provision that requires arbitration of disputes on an individual basis instead of litigation in courts or other tribunals. Your use of the Platform is expressly conditioned on your agreement to and acceptance of these Terms. Use of the Platform is also governed by the Bank of America Alumni Network Data Protection Notice which can be found here: [Privacy & Data Protection Notices - Bank of America Careers] (the “Data Protection Notice”), and you agree that all data you enter into the Platform may be accessed or used as set forth in the Data Protection Notice.  By using the Platform, you acknowledge that you have read these Terms and the Data Protection Notice and that you agree with them. If you do not agree with any part of the Terms or the Data Protection Notice, you must not use the Platform.  You agree to answer any questions asked in or on the Platform honestly and as accurately as possible and not to make misrepresentations or otherwise manipulate the Platform.

The Purpose of the Platform

Subject to your compliance with these Terms, the Company is providing you with a personal, revocable, non-exclusive, non-transferable license to access and use the Platform solely for the purposes of connecting with former colleagues, reviewing current Bank of America news, finding local market events and volunteer activities, exploring employment opportunities, and discovering alumni benefits, in each case in accordance with these Terms.

Changes to These Terms & Conditions or The Platform

Except for Section 8 below with respect to arbitration, the Company may change or modify these Terms from time to time without notice other than posting the amended Terms to the Platform. The amended Terms will automatically be effective when posted to the Platform. Your continued use of the Platform after any changes to these Terms shall constitute your agreement to such changes.  The Company reserves the right to change, modify or discontinue, temporarily or permanently, the Platform (or any portion thereof), including any and all content contained on the Platform, at any time without notice.  You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform (or any portion thereof).

Registration and Security

Authorized individuals can access the Platform by visiting https://alumni.bankofamerica.com.  To use the Platform, you must create login credentials and a password. You agree to be solely responsible for the confidentiality and use of your login details and password, and you shall be responsible for all activity that occurs using your login information. You agree to immediately notify the Company if you become aware of any actual or suspected loss or disclosure of, or actual or attempted unauthorized use of, your login details or password. The Company reserves the right to delete your login details or require you to change your password at any time and for any reason.

SMS Disclosure

By enrolling in the Bank of America Network SMS service, you consent to receive text message at the mobile number provided related to event invitations, network updates and relevant communications; message frequency may vary depending on the program you enrolled. Message and data rates may apply. You can opt out at any time replying STOP, and for assistance, reply HELP or email alumni.network@bofa.com. Privacy Notice and Choices

User Conduct

You agree that you will use the Platform in compliance with applicable laws. By using the Platform, you agree not to (and you agree not to permit or assist any other person to):

Interfere with the operation of the Platform or any other user’s enjoyment of the Platform;

Upload or otherwise disseminate viruses, adware, spyware, worms, or other malicious code;

Submit or solicit any inappropriate, obscene, or offensive content, or harass other users;

Attempt to collect personal information about users or third parties without their consent;

Interfere with or disrupt any networks, equipment, or servers connected to or used to provide the Platform, or violate the regulations, policies, or procedures of such networks, equipment, or servers; or

Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission.

The Company reserves the right to monitor and review any content submitted to the Platform by any user, in accordance with the Data Protection Notice, and to remove such content. Users may not submit any content to the Platform which (i) discloses sensitive, proprietary, or confidential information regarding them, their employers or third parties, (ii) commercially sensitive information in violation of competition/antitrust laws, rules, or regulations or personal data regarding third party individuals (without their explicit consent) or (ii) otherwise violates any applicable law or infringes or misappropriates any other person or entities rights.

Violation of any of these Terms may, at any time, in the Company’s sole discretion and without prior notice to you, result in a warning, the temporary limitation or suspension of your account or your access to the Platform, the immediate termination of your account or your access to the Platform, the reporting of your conduct to authorities, and/or legal action.  The Company reserves the right, in its sole discretion and without notice to you, to terminate or restrict your access to all or any part of the Platform at any time and/or for any reason, including, without limitation, for extended periods of inactivity.

Disclaimer and indemnity

You acknowledge that the Company is not responsible for and does not assume any liability for any user’s acts or omissions on the Platform, whether authorized or unauthorized by the Company.

To the maximum extent permitted by law, the Company provides access to the Platform on a free-of-charge and ‘as-is’ basis.  You agree that you will use the Platform at your sole risk and that the Company expressly disclaims all warranties of any kind with respect to the Platform, whether express, implied or statutory. In no event shall the Company or its representatives be liable for any damage or loss (whether direct, indirect, consequential, special, incidental, punitive or otherwise), in contract or in tort, resulting or arising from YOUR access to, participation in, use of, or inability to use the Platform or any part of it or resulting or arising from any associated loss of data, information, software or equipment. You agree to indemnify the Company against any and all losses suffered by the Company as a result of your use of the Platform in breach of these Terms.

Intellectual Property

You acknowledge that, except as otherwise expressly stated, the Platform and all related materials and components, including the Platform's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the confidential and proprietary property of the Company and/or its licensors, and are subject to and protected by United States and international copyright laws and other intellectual property laws and rights.  All rights to Materials not expressly granted in these Terms are reserved to the Company and/or the respective copyright owner.  Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, reverse-engineer, decompile, disassemble, attempt to extract any source code from, sell, republish, download, perform, display, post, transmit, exploit, create derivative works of or otherwise use any of the Materials, in any form or by any means, without the prior written authorization of the Company and/or the respective copyright owner.  In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.  The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Platform are the sole property of the Company and/or its licensors and may not be copied, altered, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors.  In addition, all page headers, custom graphics, button icons and scripts are the property of the Company and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company.  The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Unless expressly stated otherwise by the Company, the Company does not wish to receive any confidential, secret, or proprietary information or material from any user via the Platform. Any material you upload, submit, store, on send on or through  Platform will be deemed not to be confidential or proprietary and may be used by the Company in any manner consistent with applicable law. The Company shall have no liability to you for such use. By uploading, submitting, storing, or sending materials on or through to the Platform, you: (i) represent and warrant that such materials are original to you, that no other party has any rights in or to such materials, and that any "moral rights" in such materials have been waived, and (ii) grant to the Company and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such materials (in whole or part) and/or to incorporate such materials in other works in any form, media, or technology now known or later developed. In addition, you agree to permit any other Platform user to access, view, store, or reproduce your materials for his or her personal, non-commercial use. The Company may delete or destroy any such materials at any time.

External Links

The Company may provide links to other websites from time to time that are operated by third parties not affiliated with the Company.  These links are provided for your convenience only.  The Company does not endorse or take responsibility for the content of those websites and is not responsible for the availability of them. Subject to applicable law, the Company will not be liable in any way for any loss or damage which you may suffer by using those websites. Different terms and conditions and privacy policies may apply to your use of any linked sites and you are encouraged to review them.  If you decide to access linked websites that are operated by third parties not affiliated with the Company, you do so at your own risk.

Governing Law; Disputes

In the event that there is any conflict between these Terms and any other agreement you have entered into with the Company, these Terms shall govern your use of the Platform.  Subject to applicable law, these Terms are governed by and will be construed in accordance with the laws of the United States and the State of North Carolina and the Federal Arbitration Act, excluding any conflict of laws rules or borrowing statutes that would lead to the application of other law, and any disputes arising under or in connection with these Terms, or your access to or use of the Platform, shall be subject to arbitration on an individual basis in accordance with any existing arbitration agreement between you and the Company, as applicable. If there is no such arbitration agreement, then any disputes arising under or in connection with these Terms, or your access to or use of the Platform, shall be, to the extent applicable, subject to arbitration on an individual basis administered in accordance with the then-current Employment Arbitration Rules of the American Arbitration Association (“AAA”) in the AAA office in a location of North Carolina. By entering into this arbitration agreement, you are agreeing to the benefits of arbitration but giving up the right to proceed in court, before a jury, and waiving the right to proceed or participate in a class action, collective action, or representative action in any forum.

How to contact the Company

Questions regarding these Terms should be addressed to the Alumni Network Team at alumni.network@bofa.com.