Disclaimer Notice for Arts For the Schools Web Site
Use of this site constitutes an Agreement with the following Terms and Conditions:
- The Arts For the Schools (henceforth referred to as the AFTS) maintains this Web site (henceforth referred to as "the Site") as a benefit to its members and as a courtesy to those who may choose to access the site (henceforth referred to as "the user" or "users").
- The information provided on the Site is for educational and information purposes only. Any references to commercial products or trade names are made with the understanding that no discrimination is intended, nor is there an endorsement by the AFTS of any products or companies involved.
- MATERIALS PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. The AFTS specifically does not make any warranties or representations as to the accuracy or completeness of any such materials. The AFTS may periodically add, change, improve, or update the materials on the site without notice.
- The Site contains links and references to third-party Web sites. The linked sites are not under the control of the AFTS and the AFTS is not responsible for the contents of any linked site or any link contained in a linked site. The AFTS provides these links only as a convenience, and the inclusion of a link or reference does not imply endorsement, sponsorship, or approval of the linked site by the AFTS.
- Use of the Site is at user's sole risk. AFTS, ITS OFFICERS, DIRECTORS, EMPLOYEES. MEMBERS. CONTRACTORS, CONTENT PROVIDERS OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. If the user is dissatisfied with any information provided on the site or with any of its terms and conditions of use of the site, user's sole and exclusive remedy is to discontinue using the site.
- The user agrees not to do the following:
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that You are not authorized to access. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
- Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by AFTS) information or material.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
- Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, spyware or other harmful or disruptive component.
- Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party's rights;
- Use the Site for any unlawful purposes.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
- The user agrees to defend, indemnify, and hold harmless AFTS and its Affiliates and all of their directors, officers, members, employees, agents, representatives, contractors, content providers, affiliates, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from the user's use of the Site, any breach by the user of this Agreement, or any other matter for which the user is responsible hereunder or under law.
- Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by AFTS of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in California by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. The validity, construction, and performance of these Terms and Conditions Agreement shall be construed in accordance with the laws of the State of California. This Site is controlled and operated by AFTS from its offices and/or a web hosting company within the United States. AFTS makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If the user chooses to access this Site from other locations, the user does so on the user's own volition and is responsible for compliance with any applicable local laws.
- No joint venture, partnership, employment, or agency relationship exists between the user and AFTS as a result of this Agreement or the user's utilization of this Site.