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Terms of Usage
Medway Public Schools Web Site Agreement
The MEDWAYSCHOOLS.ORG Web Site (the "Site") is an online
information service provided by Medway Public Schools ("MEDWAYSCHOOLS.ORG
"), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. MEDWAYSCHOOLS.ORG MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are MEDWAYSCHOOLS.ORG, its
affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for
your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices
from the materials. You agree to grant to
MEDWAYSCHOOLS.ORG a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new or
improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to MEDWAYSCHOOLS.ORG by all
means and in any media now known or hereafter developed.
You also grant to MEDWAYSCHOOLS.ORG the right to use
your name in connection with the submitted materials and
other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against MEDWAYSCHOOLS.ORG for any alleged or actual
infringement or misappropriation of any proprietary
right in your communications to MEDWAYSCHOOLS.ORG.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of MEDWAYSCHOOLS.ORG. Other product and
company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by
MEDWAYSCHOOLS.ORG, MEDWAYSCHOOLS.ORGdoes not operate,
control or endorse any information, products or services
on the Internet in any way. Except for MEDWAYSCHOOLS.ORG-
identified information, products or services, all
information, products and services offered through the
Site or on the Internet generally are offered by third
parties, that are not affiliated with MEDWAYSCHOOLS.ORG
a. You also understand that MEDWAYSCHOOLS.ORG cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for
maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. MEDWAYSCHOOLS.ORG PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND
MEDWAYSCHOOLS.ORG SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. MEDWAYSCHOOLS.ORG DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
MEDWAYSCHOOLS.ORG HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MEDWAYSCHOOLS.ORG BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF MEDWAYSCHOOLS.ORG OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, MEDWAYSCHOOLS.ORG LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
MEDWAYSCHOOLS.ORG makes no representations whatsoever
about any other web site which you may access through
this one or which may link to this Site. When you access
a non-MEDWAYSCHOOLS.ORG web site, please understand that
it is independent from MEDWAYSCHOOLS.ORG, and that
MEDWAYSCHOOLS.ORG has no control over the content on
that web site. In addition, a link to a
MEDWAYSCHOOLS.ORG web site does not mean that
MEDWAYSCHOOLS.ORG endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
MEDWAYSCHOOLS.ORG, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against
all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of
MEDWAYSCHOOLS.ORG and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of
these individuals or entities shall have the right to
assert and enforce those provisions directly against you
on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The
United States of America. You agree that any legal
action or proceeding between MEDWAYSCHOOLS.ORG and you
for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim
or cause of action is barred. MEDWAYSCHOOLS.ORG's
failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement.
MEDWAYSCHOOLS.ORG may assign its rights and duties under
this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.
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