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Welcome to the website for All Saints Preschool (the "website"),
owned and operated by All Saints Preschool. We have included a wealth
of information and functionality for users of our website ("you"),
all of which is provided subject to the following Terms of Use:
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE
OF FORUM CLAUSE.
Privacy Statement: These Terms of Use co-exist
with our Privacy Statement, and together both policies govern the
general practices and your usage of this website. Your use of the
website at any time shall be deemed conclusive evidence of your
agreement that your license to access and use the website is governed
by these Terms of Use and our Privacy Policy. We encourage you to
familiarize yourself with both policies. Our Website Privacy Policy
may be found inside the site or by clicking here: All
Saints Preschool Privacy Policy.
Acceptance: Changes to These Terms of Use: We
may change these Terms of Use and/or the Privacy Policy at any time
by posting revisions to our website. Your use of this website constitutes
acceptance of the provisions of these Terms of Use and the Privacy
Policy, and your continued usage after such changes are posted constitutes
acceptance of each revised Terms of Use and / or Privacy Policy.
If you do not agree to the terms and conditions of these Terms of
Use, the Privacy Policy or any revised policy, please exit this
website immediately.
Accessing the Website: When You access the website,
you represent and warrant that: (i) You have read and understand
these Terms of Use; (ii) You have and will access the website and
provide information to us with the bona fide intent to use or to
evaluate the website, and not with an ulterior motive, such as to
download portions of the website to compete with us or provide information
to one of our competitors; and (iii) in using the website, You will
comply with all applicable international, country, federal and state
laws, rules and regulations.
Copyrights; Limited License to Information: All
words, pictures, graphs, charts and other matters presented or made
available on the website are Copyright © 2009 All Saints Preschool
(the "information"). By accessing and / or making use
of the website, you agree that we are not offering for sale or selling
the information, but instead are granting you a limited, royalty
free, non-exclusive, revocable license to make use of the information
presented on this website for your own personal or internal business
purposes. Unless otherwise set forth in a separate written agreement
signed by us, you agree that this license does not permit you to:
(i) download any information on this website; (ii) sell the information
downloaded (or copied in another form) for money, barter, exchange
or other consideration; (iii) redistribute the information for free
to anyone (except to your bona fide employees who need the information
for internal business purposes); (iv) make any more than one print
copy of the information; (v) republish the information for any prohibited
purpose, including commercial gain; or (vi) make any alterations,
additions or other modifications to the information. All other rights
are expressly reserved.
No License to Trademarks: All trademarks, service
marks, trade names or other identifying marks displayed on the website,
including and not limited to All Saints Preschool (the "marks")
are owned by us and or our respective licensors. Except as applicable
law may otherwise provide, or except as agreed to in writing by
us, we do not consent to any use of the marks by any person and
do not grant you any right to use the marks displayed on this website.
Acceptable uses of Website information; Misuse of the
Website: You violate these Terms of Use when you make any
use of the website to:
1. Utilize the website or any information derived from the website
to send unsolicited e-mails to our clients or any third parties,
unless the communication is related to our business or operations.
2. Utilize the website or any information derived from the website
in connection with any illegal activity. Without limiting the general
application of this rule, users may not:
a. Utilize the website or any information derived from the website
to copy material from third parties (including text, graphics,
music, videos or other copyrightable material) without proper
authorization;
b. Utilize the website or any information derived from the website
to misappropriate or infringe the patents, copyrights, trademarks
or other intellectual property rights of any third party;
c. Utilize the website or any information derived from the website
to traffic in illegal drugs, illegal gambling, obscene materials
or other any products or services that are prohibited under applicable
law; or
d. Utilize the website or any information derived from the website
in any manner that violates applicable law.
3. Utilize the website or any information derived from the website
in connection with any tortious or actionable activity. Without
limiting the general application of this rule, users may not:
a. Utilize the website or any information derived from the website
to publish or disseminate information that (A) constitutes slander,
libel or defamation, (B) publicizes the personal information or
likeness of a person without that person's consent or (C) otherwise
violates the privacy rights of any person.
b. Utilize the website or any information derived from the website
to threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts
or services that are illegal under applicable law.
4. Utilize the website or any information derived from the website
in connection with any other disruptive or abusive activity. Without
limiting the general application of this rule, users may not:
a. Utilize the website or any information derived from the website
to cause denial of service attacks against company or other network
hosts or Internet users or to otherwise degrade or impair the
operation of company's servers and facilities or the servers and
facilities of other network hosts or Internet users;
b. Post messages or software programs that consume excessive CPU
time or storage space;
c. Utilize the website or any information derived from the website
to offer mail services, mail forwarding capabilities, POP accounts
or autoresponders other than for the user's own account;
d. Utilize the website or any information derived from the website
to resell access to CGI script installed on company's servers;
e. Utilize the website or any information derived from the website
to subvert, or assist others in subverting, the security or integrity
of any company systems, facilities or equipment;
f. Utilize the website or any information derived from the website
to gain unauthorized access to the computer networks of company
or any other person;
g. Utilize the website or any information derived from the website
to provide passwords or access codes to persons not authorized
to receive such materials by the operator of the system requiring
the password or access code;
h. Utilize the website or any information derived from the website
to (A) forge the signature or other identifying mark or code of
any other person, (B) impersonate or assume the identity or any
other person, or (C) engage in any other activity (including "spoofing")
to attempt to deceive or mislead other persons regarding the true
identity of the user (excluding the use of anonymous remailers
or Internet nicknames);
i. Utilize the website or any information derived from the website
to distribute or post any virus, worm, Trojan horse, or computer
code intended to disrupt services, destroy data, destroy or damage
equipment or disrupt the operation of the website or any information
derived from the website ;
j. Utilize the website or any information derived from the website
in any manner that might subject company to unfavorable regulatory
action, subject company to any liability for any reason, or adversely
affect company's public image, reputation or goodwill, including,
without limitation, sending or distributing sexually explicit,
hateful, vulgar, racially, ethnically or otherwise objectionable
materials as determined by company in its sole discretion; or
k. Utilize the website or any information derived from the website
in any other manner to interrupt or interfere with the Internet
usage of other persons.
Available Remedies: We do not validate, error
check or otherwise confirm the truth or accuracy of Information
posted on the website; or review, edit, censor or warrant the quality
or accuracy of Information that users may acquire from the website.
By making use of the website, You agree not to sue or make any claim
of any kind against us regarding Information posted or available
on the website. When we become aware of harmful activities, in our
sole and unfettered discretion we may take steps to stop the harmful
activity, such as removing the offending materials, using screening
software to block offending materials, denying the offender access
to the website, or any other action we deem appropriate. We are
required to notify law enforcement when we become aware of the presence
of child pornography on or transmitted through the website; and
to remove or block access to content or postings upon receipt of
a proper notice of copyright infringement. It is also our policy
to terminate users who commit repeat violations of copyright laws.
All remedies are non-exclusive.
Disclaimers as to Information: WHILE EVERY EFFORT
IS MADE TO REPORT ACCURATE AND TRUTHFUL INFORMATION, WE AND OUR
SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THE WEBSITE
FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED.
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS AND CONTRIBUTORS BE LIABLE
FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER IN ANY WAY RESULTING FROM YOUR USE OF THE
WEBSITE, INCLUDING AND NOT LIMITED TO DAMAGES FOR LOSS OF USE, OR
LOST DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH INFORMATION
AVAILABLE ON THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION,
CONTENT, COMPUTER PROGRAM, EFFORTS OR ANY SYSTEM PROVIDED BY US
WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY FOR THE ACCURACY, SUITABILITY AND
QUALITY OF INFORMATION PROVIDED THROUGH THE WEBSITE. YOU AGREE THAT
YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT
OF THE WEBSITE IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT
THE INFORMATION POSTED THEREON.
Linking to the Domains; No “Framing”:
We permit reasonable, good faith and non-defamatory links to the
website so long as: (i) it is clear in the link reference that we
have not endorsed the contents of the referring page, and that any
statements made have not been reviewed or approved by us; and (ii)
no use is made of our trademarks (though the word marks may be used
if proper credit is provided on the page). We do not consent to
"framing" our content or Information inside of any other
page.
Indemnity: By taking any action using or through
this website, including Information requests, You expressly authorize
and direct us to carry out such transaction or performance on your
behalf as your act. Therefore, you agree to and do hereby hold harmless
and agree to defend and indemnify us, our employees, agents and
officers, from and against any liability for all damages incurred
by us in taking such actions at your direction or request. Additionally,
if you post or provide any Information, images or content onto the
website, or if you violate any provision of these Terms of Use or
the website Privacy Policy, You are liable to us for your actions,
and in the event we are threatened with lawsuit or are sued by any
person on account of your activities, including but not limited
to any claim of infringement of intellectual property rights, you
agree to indemnify, defend and hold harmless us and our employees,
directors, affiliates, subsidiaries, users and customers, from and
against all claims, demands, damages and losses claimed by such
person, and you agree to and shall pay all related costs and expenses,
including reasonable legal fees, that we incur.
Choice of Forum; Attorneys' Fees: These Terms
and Conditions and the Privacy Statement shall be governed and construed
by the laws of the State of Ohio, exclusive of its conflicts of
laws provisions. Any controversy or claim arising out of or related
to these Terms and Conditions or the Privacy Statement, whether
at common law or under statute, shall be settled exclusively by
the state or federal courts of Columbus, Ohio, and the parties hereby
consent to the exclusive jurisdiction of such courts. If either
party breaches these Terms and Conditions or the Privacy Statement,
the party prevailing in any resulting litigation between the parties
shall be entitled to receive its reasonable attorneys' fees and
costs.
Miscellaneous: These Terms and Conditions and
all documents referred or referenced herein constitute the entire
agreement between parties. Other than as specifically provided in
any separate formal agreement between you and us, these Terms and
Conditions may NOT be altered, supplemented or amended by the use
of any other document(s). Any attempt to alter, supplement or amend
these Terms and Conditions or to enter an agreement which is subject
to additional or altered terms and conditions will be null and void,
unless otherwise agreed to in a written agreement signed by both
you and us. If any section of these Terms and Conditions is found
to be invalid or unenforceable in any jurisdiction in which it is
performed, then the meaning of that section will be interpreted,
to the extent feasible, in a way that renders it enforceable. If
no feasible interpretation is possible, the section will be severed
from these Terms and Conditions and the rest of these Terms and
Conditions will remain in full force and effect.
Questions or comments regarding these Terms of Use or the Privacy
Policy should be directed to us.
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