Terms of
Use
Agreement with Terms and Conditions:
This agreement sets forth the terms and conditions that apply to use of the SCHS CreekConnect
("SCHS CreekConnect") ("Agreement") by you, an individual accessing SCHS CreekConnect
("Visitor"). By accessing SCHS CreekConnect, you agree to the following terms and
conditions. If you do not agree, you have no right or license to access SCHS CreekConnect
and you should not do so.
Changes in Terms and Conditions:
SCHS CreekConnect Inc. ("SCHS CreekConnect") has the right to change or discontinue
any aspect or feature of SCHS CreekConnect, including, but not limited to, content,
hours of availability, and equipment needed for access or use, at any time. SCHS CreekConnect
has the right to change or modify the terms and conditions applicable to Visitor's
use of SCHS CreekConnect, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use at any time. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof, which may
be given by means including, but not limited to, posting on SCHS CreekConnect, or
by electronic or conventional mail, or by any other means by which Visitor obtains
notice thereof. Any use of SCHS CreekConnect by Visitor subsequent to such notice
shall be deemed to constitute acceptance by Visitor of such changes, modifications
or additions.
Conduct of Visitor:
Lawful Use:
Visitor shall use SCHS CreekConnect for lawful purposes only. Visitor shall not post
or transmit through SCHS CreekConnect any material which: (i) violates or infringes
in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, gives rise to civil
liability or otherwise violates any law; or (iv) contains advertising or any solicitation
with respect to products or services, unless SCHS CreekConnect has expressly approved
such material in advance of its transmission. Any conduct by a Visitor that in SCHS
CreekConnect's discretion restricts or inhibits any other Visitor from using or enjoying
SCHS CreekConnect is expressly prohibited.
Downloading of Intellectual Property:
SCHS CreekConnect contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics,
music, and sound, portions of which are owned by SCHS CreekConnect and portions of
which may be owned by other parties. SCHS CreekConnect has copyright ownership of
the K-12 content on SCHS CreekConnect. The entire contents of SCHS CreekConnect are
copyrighted as a collective work/compilation. SCHS CreekConnect owns copyright in
the selection, coordination, arrangement, and enhancement of such content, as well
as in the content original to it. No Visitor may modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Visitor may download one (1) single copy of the copyrighted
material for Visitor's personal, non-commercial use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without the express
written permission of SCHS CreekConnect (or the copyright owner(s) if other than or
in addition to SCHS CreekConnect). In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges
that he/she does not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on SCHS CreekConnect any
material protected by copyright, trademark, or other proprietary right, without the
express written permission of the owner of the copyright, trademark, or other proprietary
right, and the burden of determining that any material is not protected by copyright
rests with Visitor. Visitor shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area of SCHS CreekConnect, Visitor
automatically grants, or warrants that the owner of such material has expressly granted,
SCHS CreekConnect the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term of any copyright
that may exist in such material. Visitor also permits any other Visitor to access,
view, store or reproduce the material for that Visitor's personal use. Visitor hereby
grants SCHS CreekConnect the right to edit, copy, publish and distribute any material
made available on SCHS CreekConnect by Visitor.
Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks of
SCHS CreekConnect Inc. or its affiliates. All other trademarks not owned by The SCHS
CreekConnect Inc. or its affiliates that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by SCHS CreekConnect or its affiliates.
Postings:
No Responsibility or Liability:
To the extent that portions of SCHS CreekConnect (such as "chat rooms" or "bulletin
boards") provide users an opportunity to post and exchange information, ideas and
opinions ("Postings"), BE ADVISED THAT SCHS CreekConnect DOES NOT SCREEN, EDIT, OR
REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON SCHS CreekConnect, and Postings do not
necessarily reflect the views of SCHS CreekConnect. To the fullest extent permitted
by applicable laws, SCHS CreekConnect shall in no event have any responsibility or
liability for the Postings or for any claims, damages, or losses resulting from their
use and/or appearance on SCHS CreekConnect.
Monitoring:
SCHS CreekConnect reserves the right to monitor all Postings and to remove any which
it considers in its absolute discretion to be offensive or otherwise in breach of
these terms and conditions.
Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all
Postings you provide and all material they contain; that your Postings shall not infringe
any proprietary or other rights of third parties; that your Postings shall not contain
any viruses or other contaminating or destructive devices or features; that your Postings
shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful
material or content; and that your Postings shall not be used to carry out or solicit
any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use:
You hereby authorize SCHS CreekConnect to use and/or authorize others to use all or
part of your Postings in any manner, format, or medium that SCHS CreekConnect or such
other parties see fit. You shall have no claim or other recourse against SCHS CreekConnect
for infringement of any proprietary right in Postings.
Disclaimers and Limitation
of Liability:
Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF SCHS CreekConnect IS AT VISITOR'S OWN RISK. VISITOR
SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S),
IF ANY. NEITHER SCHS CreekConnect, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT SCHS
CreekConnect SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCHS CreekConnect, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH SCHS CreekConnect. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION,
OPINIONS AND OTHER MATERIAL ON SCHS CreekConnect OR ANY SITES WITH WHICH IT IS LINKED.
SCHS CreekConnect PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT
LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET.
BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, SCHS CreekConnect MAKES
NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT
OR QUALITY OF ANY SUCH SITES AND INFORMATION AND SCHS CreekConnect ASSUMES NO RESPONSIBILITY
AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE,
BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR
OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY
AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL.
WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.
No Warranties of SCHS CreekConnect's Service:
SCHS CreekConnect IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR
SPECIFICALLY ACKNOWLEDGES THAT SCHS CreekConnect IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages:
IN NO EVENT WILL SCHS CreekConnect, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING SCHS CreekConnect BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SCHS CreekConnect. VISITOR HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SCHS
CreekConnect.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SCHS CreekConnect, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SCHS CreekConnect, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification:
Visitor agrees to defend, indemnify and hold harmless SCHS CreekConnect, its affiliates
and their respective directors, officers, shareholders, employees, agents, and assigns
from and against all claims and expenses, including attorneys' fees, arising out of
Visitor's use of SCHS CreekConnect.
Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones, computer
hardware, and other equipment needed for access to and use of SCHS CreekConnect and
for any/all charges related thereto.
SCHS CreekConnect's Content:
A portion of SCHS CreekConnect's content is supplied by third parties. Any opinions,
advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, are those of the
respective author(s) or distributor(s) and not of SCHS CreekConnect. Neither SCHS
CreekConnect nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for
any particular purpose. SCHS CreekConnect neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on SCHS CreekConnect
by anyone other than employee spokespersons of SCHS CreekConnect while acting in their
official capacities.
Entire Agreement:
This Agreement, and any operating rules for SCHS CreekConnect established by SCHS
CreekConnect, constitutes the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all previous written or oral agreements between
the parties with respect to such subject matter.
Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of Florida,
without regard to its conflict of laws rules. Any cause of action of any nature arising
out this Agreement shall be brought in Florida .
Headings:
The section headings used herein are for convenience only and shall not be given any
legal import whatsoever.