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SCHOOLATLAS.COM
GENERAL TERMS OF
USE
1. Schoolatlas.com's Description of
Services
SchoolAtlas.com, Inc. provides a number of
educational services to schools, school age children, teachers, and
education-related organizations. As a portion of this Service,
SchoolAtlas.com provides the general public with a collection of
recommended web sites and other education-related resources that may be
accessed via the World Wide Web (the "internet"). This includes,
but is not limited to, accessing third party web sites through the
global computer network, providing communication services via email,
online forums and chat, and free member web sites. For Teacher
Services and Member Websites please read the Member Web Page Terms of
Use at
http://www.schoolatlas.com/terms.htm.
2. Acceptance of Terms
This Website Agreement is between you, the "User" and SchoolAtlas.com. By
becoming a user of SchoolAtlas.com, you agree to the terms and
conditions as set forth below.
SchoolAtlas.com may change, suspend or
discontinue any aspect of its Website at any time, including the
availability of any Website feature, database or content.
SchoolAtlas.com may also impose limits on certain features and services
or restrict your access to parts of all of the Website without notice or
liability. SchoolAtlas.com may terminate any Membership (and any or all
related information, communications, postings, email, or Webpages) at
any time, without notice, for conduct that violates local, state or
federal laws or regulations, these Terms of Service or other policies or
guidelines set out by SchoolAtlas.com elsewhere on the Site, or for
material that SchoolAtlas.com in its sole discretion believes is harmful
to other Members, the business of SchoolAtlas.com, or other third-party
information providers. Individuals who have had their Memberships
terminated may not continue to utilize member privileges in any manner
or for any reason without the express written permission of
SchoolAtlas.com.
You acknowledge that transmissions to and
from SchoolAtlas.com are not confidential and your Communication may be
intercepted by others. You acknowledge that by submitting Communications
to SchoolAtlas.com, no confidential, fiduciary, contractually implied or
other relationship is created between you and SchoolAtlas.com, other
than pursuant to this Agreement.
Membership of services is available to students, teachers, educators and
similar parties. Membership will be granted upon submission of an online
registration form. SchoolAtlas.com reserves the right to verify any and
all information submitted via the online registration form, however this
information will not be used by SchoolAtlas.com for any postal or
telephone solicitation, nor will SchoolAtlas.com release any information
provided unless required by law, by warrant, or by any court of law.
By posting a Member Website, communicating
through email or engaging in any other form of communication
(individually or collectively, the "Communication") with SchoolAtlas.com,
grant to SchoolAtlas.com and its respective officers, directors, owners,
agents, employees, successors and assigns, a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty-free license to use,
copy, license, sublicense, adopt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such
Communication in all media now known or hereafter developed. You hereby
waive all rights to any claim against SchoolAtlas.com for any alleged or
actual infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection with
such Communication. For more please see our Privacy Policy.
3. Limitations of Liability and Warranty
SchoolAtlas.com does not represent or
endorse the accuracy or reliability of any advice, opinion, statement,
or other information displayed or distributed through Third party
Websites, member websites, or advertiser websites. You acknowledge
that any third-party reliance upon such opinion, advice, statement or
other information provided by you shall be at your sole risk.
SchoolAtlas.com disclaims any and all responsibility for content
contained in any third-party material provides through Member links from
the Website.
SchoolAtlas.com disclaims any and all
liability associated with download or upload time, or system failure.
Members are responsible for maintaining backup files, copies or
information on a local drive. SchoolAtlas.com will not be responsible
for any loss of information resulting from the use or loss of use of our
services, directly or indirectly.
Advertising on SchoolAtlas.com.
To keep most of our services free,
SchoolAtlas.com advertises throughout its website properties.
Although we maintain a strict code of conduct for all participating
advertisers, SchoolAtlas.com is not responsible for material posted on
any website accessed through any advertisements. By using our
services you hereby waive SchoolAtlas.com of any liability resulting
from accessing these sites. SchoolAtlas.com neither guarantees,
recommends, nor stands behind the products or services of participating
advertisers. Any issues arising between you (the "user") and
the third party companies (the "advertisers") must be processed and
maintained between you and the said company.
4. Indemnity and Release
You hereby agree to indemnify, defend and
hold SchoolAtlas.com and all of its respective officers, directors,
owners, agents, employees, information providers, affiliates, licensors,
licensees, successors and assigns (Collectively, the "indemnified
parties") harmless from and against any and all liability and costs
(including reasonable attorneys' and other professional fees) incurred
by the Indemnified parties in connection with any claim arising out of
any breach by you of this Agreement or the foregoing representations,
warranties and covenants. You shall cooperate as fully as reasonably
required in the defense of any claim. SchoolAtlas.com reserves the
right, at its own expense, to assume the defense and control of any
matter otherwise subject to the indemnification by you and you shall not
in any event settle any matter without the written consent of
SchoolAtlas.com.
5. SchoolAtlas.com's Member Services
Conduct Guidelines
By applying for any service provided by
SchoolAtlas.com, you represent, warrant and covenant that:
(a) you will not upload, post or
transmit to or distribute or otherwise publish through the
Website any materials which:
(I) Restrict or inhibit any
other user from using and enjoying the website;
(II) Are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent;
(III) Constitute or encourage
conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate law;
(IV) Violate, plagiarize or
infringe the right of third parties including, without
limitation, copyright, trademark, patent, rights of privacy
or publicity or any other propriety right;
(V) Contain a virus or other
harmful component;
(VI) Contain any information,
software or other material of a commercial nature;
(VII) Contain advertising of
any kind except as posted by SchoolAtlas.com;
(VIII) Constitute or contain
false or misleading indications of origin or statements of
fact:
6. Privacy: See the Privacy Policy
posted on this site
7.
Reporting a Violation of These Terms
SchoolAtlas.com does not and cannot review
all materials posted on Third party websites, and SchoolAtlas.com is not
responsible for any such materials posted by Third party websites,
advertisers, or member websites. However, notwithstanding the foregoing
sentence, SchoolAtlas.com reserves the right at all times to disclose
any information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, that in the sole
discretion of SchoolAtlas.com are objectionable or a violation of the
Agreement. Additionally, you agree that any material or information
discovered by you as posted by any other Member on a Member Website
which may be susceptible of violating any condition set forth in section
5 will be reported by you to SchoolAtlas.com.
8. Choice of Law
This Agreement shall be governed by and
construed in accordance with the laws of the State of Ohio, without
regard to conflicts of law provisions. Sole and exclusive jurisdiction
and venue for any action or proceeding arising out of or related to this
Agreement shall be in an appropriate State or Federal Court located in
the State of Ohio. You consent to Service of Process in any legal
proceeding.
9. Merger Clause
This Agreement constitutes the entire
Agreement between you and SchoolAtlas.com with respect to your use of
this Website or its Services. SchoolAtlas.com reserves the right, in its
sole discretion, to modify, change, alter, add or remove any portion of
this Agreement, in whole or in part, at any time. Notification of
changes in this Agreement will be posted at
http://www.SchoolAtlas.com/terms.html. By continuing to use any
website service provided by SchoolAtlas.com you agree to the
modifications, changes, alterations, additions or removals to the
Agreement as notified.
If for any reason a court of competent
jurisdiction finds any provision of this Agreement, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of this Agreement, and the
remainder of this Agreement shall continue in full force and effect.
You acknowledge that you have carefully
read the terms and conditions of use set forth in this Agreement and
that you agree to and accept the terms of this Agreement. If you do not
agree to the terms and conditions as provided, you may not use any
services provided by SchoolAtlas.com, Inc..
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