PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. YOU SHOULD REVIEW THIS AGREEMENT EACH TIME YOU VISIT THE SITE OR USE ANY SERVICES. IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING ANY REFERENCED POLICIES OR GUIDELINES), YOU MUST IMMEDIATELY TERMINATE YOUR USE OF ANY PORTION OF THE SITE OR SERVICES. IF YOU WOULD LIKE TO PRINT THIS AGREEMENT, PLEASE CLICK THE PRINT BUTTON ON YOUR BROWSER TOOLBAR.
1. Acceptance Triggered by Use.
This Terms of Service and Use Agreement (the "Agreement ") governs your access and use of the webpages or websites referenced above (the "Site "). The Agreement is subject to change on a prospective basis, and we will make those changes by posting them on the Site. Your continued use of the Site or services through the Site will constitute your acceptance of any changes or revisions.
2. Grant of Limited License.
The Site offers information regarding a variety of third party products and services. The proprietary software, content, and materials underlying the Site (the "Materials ") are works protected under copyright and other intellectual property laws. In consideration for your promises reflected in this Agreement, you are granted a personal, nonexclusive, nonassignable and nontransferable, non-commercial license to access and use the Site from a single computer and as permitted under this Agreement.
You agree to: (i) not copy or distribute the Materials to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Materials or otherwise attempt to discover or re-create the source code to the Materials; (iii) comply with all applicable laws, including U.S. export control laws, applicable to your use of the Materials; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Materials; (v) not remove, alter, or obscure any proprietary notices in any portion of the Materials or on the Site; (vi) not interfere with or disrupt the use and enjoyment of the Site by other users; and (vii) not use any type of automated means to utilize or access the Site.
3. IP Infringements.
If you are a copyright or other intellectual property right owner, and feel that any material on the Site infringes your intellectual property rights, please use our contact form to send us a message.
4. Consent to Receive Marketing Communications
If you submit an email address to us, you: (1) consent to receive information regarding products, services, or schools that you request, (2) consent to the transmission of newsletters and marketing communications to that email address, and (3) represent and warrant that you are entitled to use the email address to receive such communications. The foregoing consent includes marketing communications containing special offers or information about our products or services and the products and services offered by third parties, whether sent by us, on our behalf, or by our affiliates and third party marketing partners.
5. NO WARRANTIES – SITE PROVIDED "AS IS".
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANY OF OUR AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE MATERIALS ARE NONINFRINGING.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE USE OF THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, SERVICES, OR ANY MATERIALS.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE OR OTHERWISE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement or with any other policy or rule. Additionally, we may terminate this Agreement at any time and for any reason. We may effect notice of termination through any means, including but not limited to posting such notice on the Site, sending you an email, or otherwise proclaiming such termination. Upon termination, you must immediately stop using the Site. We have no obligation to return any materials you provide to us in the course of using the Site.
8. Indemnification Obligations.
You agree to hold harmless, defend, and indemnify us and our licensees, licensors and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorney's fees, that are due to, or that arise from your use or misuse of the Site, any content transmitted to or through the Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with us in such event.
9. Third Party Links and/or Content.
We do not endorse and are not responsible or liable for any content, advertising, goods or services, or other materials available on or from any third party web sites or resources.
Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions, or the like regarding the Site is non-confidential. We have no obligation to you of any kind with respect to such feedback and are free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the feedback to others without limitation.
11. Notices; Announcements.
We may provide notices, including notice of any changes to this Agreement by displaying notices to you generally on the Site or by emailing you at the email address you provided us. We may change our addresses (email or mailing) by displaying such changes on the Site. Except as set forth herein, you must provide us all notices in writing, delivered to the street address listed on the "contact us" page. Notwithstanding, we will endeavor to respond to any emails you send raising any concerns or questions.
Except for any agreements or policies explicitly referenced herein, this Agreement constitutes the complete and entire agreement between you and us as it pertains to the Site. We reserve all rights not granted in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You must be 16 years or older to use the Site.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THOSE LAWS APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT TO AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY , WASHINGTON , USA ( SEATTLE ). YOU AGREE TO NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE EXCEPT IN THE FOREGOING COURTS.