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The following Terms of
Use contain the complete terms and conditions that apply to an
individual's or entity's use of Home Educators Resource Directory site. As
used in this Agreement, "We," "Us" or "Our" refers to Home Educators
Resource Directory, and "You" or "Your"
refers to the user. "Site" means any Home Educators Resource Directory
site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions
and Your waiver of any and all claims against Home Educators Resource
Directory, its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or
any materials, information, opinions or recommendations contained on Our
Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at
any time and in Our sole discretion, by posting a change notice or a new
user agreement on Our Site.
If any modification is unacceptable to you, your only recourse is to
terminate your use of our site. Your continued use of our site following
our posting of a change notice or new terms of use constitutes binding
acceptance of the change..
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of Our
content suppliers and is protected by
U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all
content on Our Site is Our property protected by
U.S. and international copyright laws.
All software used on Our Site is Our property or that of Our software
suppliers and is protected by
U.S. and international copyright laws.
You may electronically copy and print in hard copy portions of Our Site
for the limited purpose of placing an order with Us or using it as a
shopping resource. Any other use-including reproduction for purposes other
than those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without Our
prior written permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above
restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright
infringement and, in the
United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000 and imprisonment for up to
five (5) years. In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus the profits of
the infringer, or statutory damages of up to U.S.$100,000 for willful
copyright infringement.
4. DISCLAIMER
We
provide our site on an "as is" and "as available" basis. We make no
express or implied warranties with respect to the operation of our site or
the information, content, software or materials available on our site
(including, without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of course of
performance, dealing or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruption or errors. Further, we take no responsibility for the content
of any links provided through our site or for the sites of others that
link to our site.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or
original or creative ideas (collectively, "Materials") submitted through
Our Site. If despite this policy you submit any such Materials, We will
deem it Our property. We will not treat the Materials as confidential, and
We will not be liable for any use or disclosure of such Materials. Without
limitation, We will own the exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials for any purpose, commercial
or otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
We will not be liable for any indirect, special or consequential damages
(or any loss of revenue, profits or data) of any kind arising in
connection with the use of our site, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising with
respect to this agreement will not exceed the amount paid us by you if
any, for accessing our site.
7. INDEMNIFICATION
You will defend and hold harmless Home Educators Resource Directory, its
parents, subsidiaries, affiliates, contractors, agent, officers, directors
and employees against all claims, losses, damages, liabilities, costs and
expenses (including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of this Site,
including, without limitation, any claim arising out of unauthorized links
to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If we fail to insist upon or enforce strict performance of
any provision or right under the terms and conditions of these Terms of
Use, it will not be construed as a waiver of any provision or right;
rather, the same will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of
Washington to the exclusion of any other law which
may be imputed in accordance with choice of law rules applicable in any
jurisdiction. The 1980 U.N. Convention on Contracts for the International
Sale of Goods or any successor thereto does not apply to these Terms of
Use. For any suit or claim pertaining to these Terms of Use or any
information furnished hereunder, You irrevocably consent to the
jurisdiction and venue of any state or federal court sitting in
King County, Washington,
USA, and You will
not commence an action or proceeding relating to the subject matter of
these Terms of Use in any other jurisdiction.
8.3 English Language Governs. It is the express wish of the
parties that these Terms of Use be drawn up in English
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint
venture or franchise relationship among the parties or as imposing any
partnership or franchiser obligation or liability on either party.
8.5 Compliance with Laws. You will comply at your own expense with all
statutes, regulations, rules, ordinances and orders of any governmental
body, department or agency that apply to or result from Your use of Our
Site.
8.6. Severability. If any provision of these Terms of Use will be
unlawful, void or for any reason unenforceable, then that provision will
be deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
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