|
Website Terms and Conditions of Use
Welcome to our site.
By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not
review information or obtain goods or products from this site.
1.
Acceptance
of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of Use ("Agreement")
with respect to our site (the "Site"). Except as otherwise
set forth herein, this Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time from time to time by
us without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior
to using the Site.
2.
Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right
in such information and materials.
3.
Trademarks
and Service Marks. MontessoriNewark.com, and
others are either trademarks or service marks or registered trademarks
or service marks of MontessoriNewark.com. Other product and company
names mentioned on the Site may be trademarks or service marks
of their respective owners.
4.
Limited Right to Use. The
viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
5.
Editing,
Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
6.
Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorneys'
fees, related to your violation of this Agreement or use of the
Site.
7.
Nontransferable. Your right to use the Site
is not transferable. Any user name, password or right given to
you to obtain information or documents is not transferable. Your
right to use the Site is not transferable. Any user name, password
or right given to you to obtain information or documents is not
transferable.
8.
Disclaimer
and Limits. THE INFORMATION FROM OR THROUGH
THE SITE IS PROVIDED "AS IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO
YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE
YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
THE INFORMATION PROVIDED BY MONTESSORINEWARK.COM IS INTENDED TO
PROVIDE AN EDUCATIONAL SUPPLEMENT TO YOUR RESOURCES AND IS NOT
INTENDED TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR
PEDIATRICIAN OR FAMILY DOCTOR OR LEGAL ADVICE FROM YOUR ATTORNEY.
ALWAYS CONSULT YOUR PEDIATRICIAN OR FAMILY DOCTOR CONCERNING YOUR
OR YOUR FAMILY'S HEALTH AND WELL-BEING AND YOUR ATTORNEY FOR YOUR
LEGAL NEEDS.
9.
Use
of Information. We reserve the right, and
you authorize us, to use and assign all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
10.
Third-Party
Services and Products. We allow access to or advertise
third-party merchant sites ("Merchants") from which
you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered
by Merchants and that we do not endorse the products or services
offered by any such Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11.
Third-Party
Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply
to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations
or commitments on behalf of the other.
12. Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part
of this Agreement.
13.
Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
14.
Securities
Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for the sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities related filings or documents.
15.
Links to
Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
16.
Your Comments
or Materials. Any comments or materials
forwarded to us by you regarding this Site or uploaded by you
on the Site may be used by us without liability (including pursuant
to applicable copyright laws) and for any purpose without compensation
or attribution to you. We may reproduce, use, distribute, exhibit,
display, transform, create derivative works and distribute such
contents or materials to others without any liability to you.
17.
Information
and Press Releases. The Site contains information
and press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any duty or
obligation to update this information or any press releases. Information
about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed
by us.
18.
Miscellaneous. This Agreement shall be treated
as though it were executed and performed in Newark, Ohio, and
shall be governed by and construed in accordance with the laws
of the State of Ohio (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations
set forth in Section 8 and Section 10. The language in this Agreement
shall be interpreted in accordance with its fair meaning and not
strictly for or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely
in Newark, Ohio. You expressly submit to the exclusive jurisdiction
of said courts and consent to extraterritorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
|