This Web site is provided by the University School ("US" or “the School”). The terms "you," "your" or "yourself" refer to the user who is browsing this Site.
Please Read These Terms and Conditions of Use (the "Terms") of this site carefully before using this site. They govern your access to and use of this site
. By REGISTERING FOR AN ACCOUNT or otherwise accessing or using this site, you agree to be bound by the following terms. IF YOU DO NOT AGREE WITH OR DO NOT WANT TO ACCEPT ANY OF THESE TERMS, PLEASE EXIT THIS SITE AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF It.
Ownership, Copyright and Trademark Information
All content and site code is the exclusive property of the University School, its licensors, or third-party content providers. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, including content or code, are the property of the School or its licensors. The names of other companies and products and/or services mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or otherwise shall convey to you any ownership or license interest, express or implied, in any content, code, trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site.
"Site content" means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, that is displayed on or used on this Site. "Site code" refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other material of any type that relates to the operation or functions of this Site.Changes or Termination
The School reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein, and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall become effective immediately after being posted to this Site. Your access to and continued use of this Site after any changes are posted shall constitute acceptance of those changes.
You agree that the School may, at any time, terminate, change, suspend or discontinue any content or operating aspect of this Site. The School may also impose limits on or restrict your access to parts or all of this Site without prior notice to you or liability on our part. You agree that the School may, at any time, terminate any authorization, rights and license previously granted, including the right to access this Site and any accounts that you may have in connection with this Site. Upon termination, you agree that you will immediately destroy all material and information gained from your access to this Site.
All provisions in these Terms regarding ownership of Site content and Site code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.
Subject to these Terms, you may use this Site and its content for informational purposes only. You may view and download Site content only for your personal, non-commercial use, provided you keep intact all copyright, trademarks, service mark and other proprietary notices contained therein.
If you register for an account or event with the School, you may use the transactional portions of this Site to download and print, solely for purposes of transacting with the School or third-party providers, copies of any information that pertains to your transactions.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or assist someone else in doing so) any Site content or code for any purpose without the School’s prior written consent; (b) not to modify or alter Site content or code in any manner or use them in a manner not authorized by these Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; (e) not to access or use any secure, password protected, or non-public areas of the Site without authorization from the School; (f) not to obtain, disclose, use the account, user name, or password of another Site user (or attempting to do the same) at any time or permit any third party to access your account; (g) to notify the School immediately if you suspect any unauthorized use of your account or access to your password; and (h) not to commercially exploit this Site, its content or its code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.
You are fully responsible for all activity that occurs under your password(s). Therefore, you agree that you will not share or authorize others to use your password(s). You will be held financially liable for all damage or injury that results from the usage or activity relating to your user name and password. You agree to notify the School immediately of any unauthorized use of your password.
The sender of any communications to this Site or otherwise to the owners of this Site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.Disclaimer
The School will use reasonable efforts to include current and accurate information on the Site. However, your use of this Site is entirely at your own risk. The information posted to this Site may be incomplete or contain inaccuracies and typographical errors.
This Site, THE Site Content and Site Code are provided "as is." The School expressly disclaims all representations and warranties of any kind relating to your access and/or use of this site, or your reliance on any Site Content, including, but not limited to, the implied warranties of (a) suitability for any particular purpose OR FITNESS FOR A PARTICULAR PURPOSE, (b) merchantability, (c) accuracy and completeness, (d) non-infringement of third-party rights, AND (e) FREEDOM FROM interruption, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Third Party Sites
All links to this Site must be pre-approved in writing or by e-mail by the School. Should you wish to link to this Site, please contact us in writing addressed to: University School, 2785 SOM Center Road, Hunting Valley, Ohio 44022, Attention: Sue Schervish, Director of Communications
or via email at Sue Schervish
. The School reserves the right in its sole discretion to withhold or revoke consent to link to this Site at any time.Limitation of Damages
IN NO EVENT SHALL The school BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S ACCESS OR USE of or reliance on THIS SITE, SITE CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEB SITE, EVEN IF the school IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE, FOR ANY REASON, HELD UNENFORCEABLE OR INAPPLICABLE under applicable law, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF the school TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING HERE FROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $100, WHICHEVER IS LESS.Indemnification
You agree to defend, indemnify and hold harmless the School, its officers, directors, employees, agents, contractors and suppliers from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Site or breach by you of these Terms or by any other person using your user name and/or password.
Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement
This Site is controlled, operated and administered by the School within the United States. Those who choose to access this Site from locations outside the United States are responsible for compliance with all applicable federal, state and local laws.
Any claims or disputes arising from or related to the Site (including, without limitation, the Terms, the Site Content and the Site Code) shall be brought and governed by the laws of the State of Ohio, without regard to its conflicts of law rules. You expressly and irrevocably consent to the sole and exclusive jurisdiction and venue of the state and federal courts of the State of Ohio, Cuyahoga County, to resolve any dispute between you and the School related hereto, and you hereby agree to waive all rights to contest this exclusive jurisdiction and venue of such courts. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Ohio law, jurisdiction and forums for dispute resolution. If otherwise applicable, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these Terms and their subject matters.
You agree and represent that you have read and understood these Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of the School.
The Terms constitute the entire agreement between the School and you with respect to the matters contained herein. Any cause of action you may have regarding your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds one or more provisions of these Terms to be unenforceable, you and the School agree that all provisions herein shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.