|
Initial Notice
Thank you for visiting our the Sunshine on Schools Web site. Please read
carefully the following legal agreement before using this Web site. By using
this Web site, you signify your assent to these terms of use. If you do not
agree to these terms of use, please disconnect from and do not use this Web
site.
List Of Restrictions
Neither the Web site nor any element thereof, including, without limitation,
text, graphics, images, or other materials, may be copied, repurposed,
uploaded, posted, transmitted, or redistributed, except that you may
download one copy of such materials to your individual computer solely for
your personal, non-commercial use only (which also excludes any use by any
governmental, educational, charitable, or other institutional use that is
not strictly a personal use by you), provided that all copyright and other
proprietary notices appearing on such materials are strictly preserved
without any alteration, modification, or obfuscation. With respect to any
software downloaded by you from the Web site, such software, and all
elements thereof, are licensed to you by North Dakota Policy Council for
your personal use only. You may not modify or prepare derivative works based
upon the Web site, or any element thereof, and you may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise attempt to
access the source code to any software downloaded from the Web site.
Reservation Of Rights
All rights, titles, and interests in and to this Web site are owned by North
Dakota Policy Council The Web site is protected by United States copyright
law and international treaty provisions, including, without limitation, the
Berne Convention. North Dakota Policy Council reserves all rights not
expressly licensed hereunder.
WARRANTY DISCLAIMER
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NORTH DAKOTA POLICY
COUNCIL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE.
NORTH DAKOTA POLICY COUNCIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NORTH DAKOTA POLICY
COUNCIL DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A
MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST
SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. NORTH
DAKOTA POLICY COUNCIL MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON
THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY LIMITATION
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, WILL NORTH DAKOTA POLICY COUNCIL BE LIABLE TO YOU OR
ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER
FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES,
SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE
ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO
THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE.
Links To Third Parties' Web Sites
This Web site may contain hyperlinks, which links the User to other
documents or Web sites that are operated by third parties other than North
Dakota Policy Council. Such hyperlinks are provided solely for User's
references. North Dakota Policy Council does not control such Web sites and
is not responsible for their contents. North Dakota Policy Council's
inclusion of hyperlinks to such Web sites does not imply any endorsement of
the material on such Web sites or any association with their operators.
Accordingly, User agrees to hold harmless North Dakota Policy Council, its
parent, subsidiaries and affiliates, and the shareholders, officers,
directors, employees, and agents of any of them against and from and against
any and all claims, demands, judgments, costs, liabilities, expenses
(including attorneys' fees), and damages arising out of claims resulting
from hyperlinking, including, without limitation, any claims alleging facts
that if true would constitute a breach by User of these terms and
conditions.
Limit To U.S. and Canadian Users
This Web site is presented by North Dakota Policy Council from within the
United States, and North Dakota Policy Council makes no representation that
materials in the Web site are appropriate or available for use in locations
outside the United States or Canada. Neither the Web site, nor any
underlying information or technology, may be downloaded or otherwise
exported or re-exported into, or to a national or resident of, any country
to which the United States has embargoed goods (for example, Cuba, Iran,
Iraq, Libya) or to anyone on the U.S. Treasury Department's list of
Specially Designated Nations or the U.S. Commerce Department's table of
Denial Orders. By downloading or using any element of the Web site, you are
agreeing to the foregoing and you are certifying that you are not located
in, under the control of, or a national or resident of any such country or
on any such list. In addition, you are responsible for complying with any
and all local laws in your jurisdiction that may impact your right to use
the Web site.
Modification of These Terms and Conditions
North Dakota Policy Council reserves the right to change this Agreement at
any time by revising the terms and conditions herein. User is responsible
for regularly reviewing these terms and conditions. Continued use of this
Web site following any such changes shall constitute the User's acceptance
of such changes.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Web site; provided, however,
that in the event of a conflict between such other terms and the terms of
this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of North Dakota,
U.S.A. and shall be interpreted, and the rights and liabilities of the
parties hereto determined in accordance with the law of the State of North
Dakota, U.S.A., without regard to conflicts of law principles. The parties
consent to the exclusive jurisdiction of the state and federal courts for
the County of Burleigh, North Dakota, U.S.A. for the determination of any
claim or controversy between the parties and arising out of or relating to
this Agreement. Both parties hereby consent to the jurisdiction of the North
Dakota courts and waive any objections as to personal jurisdiction or as to
the laying of venue in such courts due to inconvenient forum or any other
basis.
User acknowledges that no joint venture, partnership, employment, or agency
relationship exists between the User and North Dakota Policy Council as a
result of this Agreement or use of this Web site. User agrees not to hold
himself or herself out as a representative, agent, or employee of North
Dakota Policy Council and North Dakota Policy Council shall not be liable
for any representation, act, or omission of the User.
North Dakota Policy Council's performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this Agreement is
in derogation of North Dakota Policy Council's right to comply with law
enforcement requests or requirements relating to the User's use of this Web
site or information provided to or gathered by North Dakota Policy Council
with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and North
Dakota Policy Council with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral, or written, between the User and North Dakota Policy Council with
respect to this Web site. A printed version of this Agreement and of any
notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Indemnification
As a condition of use of this Web site, the User agrees to indemnify North
Dakota Policy Council, its parent, subsidiaries and affiliates, and the
shareholders, officers, directors, employees, and agents of any of them
against and from and against any and all claims, demands, judgments, costs,
liabilities, expenses (including attorneys' fees), and damages arising out
of claims resulting from User's use of this Web site, including, without
limitation, any claims alleging facts that if true would constitute a breach
by User of these terms and conditions.
|
