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SchoolFair.net
Terms of Use
Introduction
and Table of Contents
Thank
you for your interest in SchoolFair.net (referred to as “SchoolFair.net,”
“SchoolFair on the Net,” “we,” “us,” or “our” herein). The Terms
of Use listed here are provided to protect everyone who visits and
uses the products and services provided by SchoolFair.net (referred
to as “Products and Services” herein) as well as its creators.
SchoolFair.net can only provide services conditional upon your acceptance
of these Terms of Use. Because the Terms of Use contain legal obligations,
please read the entire contents carefully to ensure you understand
all your rights and responsibilities as a user and/or visitor.
Should you have any questions or concerns regarding this agreement,
please direct them to Info@SchoolFair.net.
The
following Table of Contents is a list of links to the various provisions
in the Terms of Use. The headings contained in these provisions,
and reflected in these links, however, are provided only for your
convenience and have no legal or contractual effect. While these
links may help you locate a certain provision, you should understand
that you will be bound by the entire Terms of Use.
I.
Acceptance
II.
Description
of Service
III.
Truth
and Accuracy
IV.
Conduct
V.
Privacy
VI.
Relationship
of Parties
VII.
School/Business
Responsibilities
VIII.
Fees
IX.
Jurisdictions
X.
Indemnity
and Release
XI.
Disclaimer
of Warranties
XII.
Limitation
of Liability
XIII.
Exclusions
and Limitations
XIV.
Non
Waiver and Separability
XV.
Limitation
of Actions
XVI.
Arbitration
and Forum for Disputes
XVII.
Copyright
XVIII.
No
Resale, Assignment, or Sublicensing
XIX.
Advertisers
and Web Sites
XX.
No
Counsel
XXI.
Submissions
of Ideas
XXII.
Changes
to Terms of Use, Products and Services
XXIII.
Termination;
Survival
XXIV.
Mergers
XXV.
Violations
of Terms of Use
I.
Acceptance
BY ACCESSING AND USING THIS
WEB SITE, INCLUDING SUBMITTING ANY FORM OR REGISTRATION, YOU ARE
CONFIRMING, WITHOUT LIMITATION OR QUALIFICATION, THAT YOU HAVE READ,
UNDERSTAND, AGREE WITH AND ACCEPT TO BE BOUND BY THE TERMS OF USE
AS SET OUT HEREIN. WHEN YOU ACCESS SCHOOLFAIR.NET AND/OR USE ANY
OF THE PRODUCTS OR SERVICES PROVIDED, YOU AGREE TO ACCEPT THE TERMS
OF USE AS APPLICABLE THAT EXIST AT THE TIME OF YOUR USE. ALL SUCH
GUIDELINES AND RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THE
TERMS OF USE.
II.
Description of Service
SchoolFair.net
currently provides a database of information on vocational/career
schools (“schools”) and businesses related to the Workers’ Compensation
industry (“businesses”); resources and information on schools, Workers
Compensation and careers; and a certified distance-learning program.
All eligible schools and businesses are entitled to a free listing
that includes their name, address and phone number. Our Enhanced
Listing Service is a paid annual subscription that allows eligible
schools and businesses a single web page on the SchoolFair web site
that further describes and gives additional information regarding
their school or business.
III.
Truth and Accuracy
In
consideration of your use of the Products and Services, you agree
to provide true, accurate, current and complete (apart from the
optional items) information about yourself as prompted by the Service’s
registration forms (such information being the “Registration Data”).
If you provide any information that is untrue, inaccurate, not current
or incomplete, or SchoolFair.net has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
SchoolFair.net has the right to suspend, terminate and refuse any
and all current or future use of the Products and Services (or any
portion thereof). SchoolFair.net strives to ensure the accuracy
and currency of any information provided by this web site. However,
we do not guarantee the accuracy or currency of any information.
SchoolFair.net reserves the right to verify the accuracy and currency
of any information submitted to this web site, by any means, at
will.
IV.
Conduct
You as a user agree that you will not use SchoolFair.net
Products and Services to:
A. Impersonate
any person or entity, including, but not limited to, a SchoolFair.net
official or employee.
B. Employ
misleading E-mail addresses or falsify information in the header,
footer, return path, or any part of any communication, including
E-mails, transmitted through the Service.
C. Upload,
post, E-mail, or otherwise transmit any material that contains software
viruses, worms, Trojan horses, time bombs, trap doors or any other
computer code, files or programs or repetitive requests for information
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunication equipment or
to diminish the quality of, interfere with the performance of, or
impair the functionality of the Products and Services or SchoolFair.net.
D. Use
automated means, including spiders, robots, crawlers, or the like
to download data from any SchoolFair.net database.
E. Use
automated means, including additional computers, software and scripts,
to enhance play in any SchoolFair.net drawings, games or promotions.
F. Access
the Products and Services after your account or access has been
terminated by SchoolFair.net.
V.
Privacy
SchoolFair
on the Net recognizes the importance of protecting your privacy.
Any registration, personal, or other information you share with
us is securely managed and safeguarded. For more information, review
our Privacy Policy.
VI.
Relationship of Parties
You acknowledge
and agree that you and SchoolFair.net are independent contractors
under these Terms of Use, and nothing herein shall be construed
to create a partnership, joint venture, agency, or employment relationship.
Neither party pursuant to these Terms of Use has authority to enter
into agreements of any kind on behalf of the other and neither party
shall be considered the agent of the other.
VII. School/Business
Eligibility and Responsibilities
All
private, post-secondary, trade, technical,
career and vocational schools in the United States, and all public and
private businesses relating to the Workers’ Compensation industry
are considered eligible. The final decision of eligibility will
remain at the sole discretion of SchoolFair on the Net. By
completing our Application Form, you certify and agree that:
A. You
are at least eighteen (18) years of age and otherwise able to enter
into a legally binding contract.
B. You
will never submit any application form portraying or impersonating
another person, entity or name you are not legally sanctioned to
use. Such practices are considered fraudulent and may subject you
to criminal liability.
C. You
are a legitimate employee or owner of the school or business named,
and authorized to provide the required information.
VIII. Fees
The Products
and Services of SchoolFair.net are provided at no charge to users
wishing to view or search the databases. All eligible schools
and businesses are allowed a free basic listing. For the pricing
of our Enhanced Listing Service for schools, please click
here. For the pricing
of our Enhanced Listing Service for businesses, please click here.
IX.
Jurisdictions
This
site is controlled and operated by SchoolFair.net from its offices
within the County of Riverside in the State of California, United
States of America. SchoolFair.net also operates from additional
offices in the County of Orange, California. SchoolFair.net makes
no representation that the services provided by this site are appropriate
or available for use in other locations. Those who choose to access
this site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent
local laws are applicable. The Terms of Use and the relationship
between you and SchoolFair.net shall be governed by the laws of
the State of California without regard to its conflict of law provisions.
You and SchoolFair.net agree to submit to the personal and exclusive
jurisdiction of the state or federal courts located within the county
of Riverside, California.
X.
Indemnity and Release
You
hereby agree to indemnify SchoolFair.net and it’s affiliates, officers,
and employees and hold them harmless from any and all claims and
expenses, including attorney’s fees, arising from your use of the
SchoolFair.net web site, your use of the Products and Services,
or your submission of ideas and/or related materials to SchoolFair
on the Net or from any person’s use of your account or password,
regardless of whether such use is authorized by you. You hereby
agree to release SchoolFair.net and it’s affiliates, officers, and
employees from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of any kind
or nature whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to the Products
and Services or to any disputes regarding use of ideas and/or related
materials submitted to SchoolFair.net. You hereby agree to waive
all laws that may limit the efficacy of such releases. For example,
you specifically agree to waive the provisions of California civil
code section 1542, which provides: “a general release does not
extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor.”
XI.
Disclaimer
of Warranties
You
expressly understand and agree that:
A. Your
use of the products and services are at your sole risk. The products
and services are provided on an “as is” and “as available” basis.
Schoolfair.net expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement
of proprietary rights.
B. SchoolFair.net
makes no warranty that (i) the products and services will meet your
requirements, (ii) the service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use
of the products or services will be accurate of reliable, and (iv)
the quality of any products, services, information, or other material
acquired by you through the service will meet your expectations.
C. Any
information downloaded or otherwise obtained through the use of
the service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material.
D. No
advice or information, whether oral or written, obtained by you
from SchoolFair.net or through or from the products or services
shall create any warranty not expressly stated in the Terms of Use.
XII. Limitation
of Liability
You
expressly understand and agree that SchoolFair.net shall not be
liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses
(even if SchoolFair.net has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the
products or services, (ii) the cost of procurement of substitute
products or services resulting from any data, information or services
acquired or messages received or transactions entered into through
or from the service, (iii) unauthorized access to or alteration
of your transmissions or data, (iv) statements or conduct of any
third party on the service, or (v) any other matter relating to
the products and services.
SchoolFair.net
makes no warranty or guarantee that schools or businesses have not
misrepresented themselves or that the information they have provided
is accurate. While we do attempt to review the data provided to
us, we are not liable for its accuracy. This service is to provide
information for our users to use as reference and is not to be interpreted
as an endorsement for any school or business. We encourage all
users to independently verify the data obtained from the SchoolFair
web site with the appropriate school, business or government agency
as information is in a constant state of change. If errors, inaccuracies
or omissions are found, please contact us at Info@SchoolFair.net.
XIII. Exclusions
and Limitations
Some
jurisdictions do not allow the exclusion of implied warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of sections
XII. and XIII. may not apply to you.
XIV. Non
Waiver and Separability
The
failure of SchoolFair.net to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such right
or provision. If any provision of the Terms of Use is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect.
XV. Limitation
of Actions
You
agree that regardless of any stature or law to the contrary, any
claim or cause of action arising out of or related to use of the
Products, Service or the Terms of Use must be filed within one (1)
year after such claim or cause of action arose or forever be barred.
XVI. Arbitration and Forum for Disputes
Any
controversy or claim arising out of or relating to these Terms of
Use or user’s use of the Products and Services shall be settled
by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claims shall be arbitrated on an individual basis, and shall
not be consolidated within any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Riverside,
California, and judgment on the arbitration award may be entered
into in any state or federal court in California having jurisdiction
thereof. The state and federal courts of California shall be the
exclusive forum and venue to resolve disputes arising out of or
relating to these Terms of Use or any user’s use of the Products
or Services.
XVII. Copyright
The SchoolFair.net
web site is owned and operated by SchoolFair.net. No material from
SchoolFair.net may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer for
your personal, noncommercial home use only, provided you keep intact
all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation
of SchoolFair.net’ s copyright and other proprietary rights. For
purposes of these terms, the use of any such material on any other
web site or networked computer environment is prohibited.
XVIII. No
Resale, Assignment, or Sublicensing
You
agree not to reproduce, duplicate, copy, sell, resell, assign, sublicense,
or exploit for any commercial purposes, any portion of the Products
and Services, use of the Products and Services, or access to the
Products and Services.
XIX. Advertisers
and Web Sites
SchoolFair.net
may provide links to other World Wide Web sites or resources including,
but not limited to, sites maintained and operated by schools, businesses
and career resources. Because SchoolFair.net has no control over
such sites and resources, you acknowledge and agree that SchoolFair.net
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. Your correspondence or
business dealings with, or participation in promotions of, advertisers
found on or through SchoolFair.net Products and Services, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You
further acknowledge and agree that SchoolFair.net shall not be responsible
or liable, directly or indirectly, for any damage or loss caused,
alleged to be caused by, or in connection with use of or reliance
on any such content, goods or services available on or through any
such site or resource.
Schoolfair.net
shall not be held responsible for the accuracy, copyright or trademark
compliance, legality, or decency of content contained in such sites.
Furthermore, schoolfair.net does not make any representations or
warranties as to the security of any information including, but
not limited to credit card and other personal information you might
be requested to give any third party, and you hereby irrevocably
waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
XX. No
Counsel
The
information and resources listed in the “Resources” sections of
this web site and throughout the entire web site are only provided
to serve as a guideline to users of this web site. It should not
be relied upon or referred to as specific legal advice for any individual.
It is recommended that you seek consultation with a qualified professional
to verify the accuracy and appropriateness of the information contained
on this web site as applicable to yourself.
XXI. Submissions
of Ideas
SchoolFair.net
is always improving its Products and Services and developing new
features. If you have any ideas regarding improvements or additions
to SchoolFair.net, we would like to hear them – but any submission
will be subject to these Terms of Use. Under no circumstances shall
any disclosure of any idea or related materials to schoolfair.net
be subject to any obligation of confidentiality or expectation of
compensation. By submitting the idea and/or any related material
to SchoolFair.net, you are waiving any and all rights that you may
have in the idea or any related materials and are representing and
warranting to SchoolFair.net that the idea and/or related materials
are wholly original with you, that no one else has any rights in
the idea and/or materials and that SchoolFair.net is free to implement
the idea and to use the materials if it so desires, as provided
or as modified by SchoolFair.net without obtaining permission or
license from any third party.
XXII.
Changes to Terms of Use, Products and Services
These
guidelines have been developed with the recognition that Internet
technologies evolve at a rapid pace. On occasion, SchoolFair.net
may need to change our Terms of Use statement because of changes
in the law, in technology, in SchoolFair.net’ s business, or in
our attempts to better serve your needs. If we decide to change
our Terms of Use, we will post those changes to this Terms of Use
statement, and other places we deem appropriate. SchoolFair.net
reserves the right, at our discretion, to change, modify or discontinue,
temporarily or permanently, the Products and Service (or any part
thereof) from time to time, for any reason, with or without notice.
These Terms of Use may be supplemented by additional Terms of Use
of particular relevance on any given page including in our Privacy
Policy. Please review these Terms of Use and Privacy
Policy periodically for changes. Your continued use of SchoolFair.net
following the posting of changes to these Terms of Use will signify
your acceptance of those changes.
XXIII. Termination;
Survival
These Terms
of Use shall continue in effect for as long as you use the Products
and Services, unless specifically terminated earlier be SchoolFair.net.
All provisions of these Terms of Use that impose obligations continuing
in their nature shall survive termination of these Terms of Use.
XXIV. Mergers
These
Terms of Use constitute the entire agreement between the parties
with respect to the subject matter contained herein and supersedes
any other agreement, proposals and communications, written or oral,
between SchoolFair.net’ s representations and you with respect to
the subject matter hereof; except that any other Terms of Use located
on any other page in this site or in connection with the Products
and Services are incorporated herein by reference to the extent
they do not conflict with these Terms of Use. To the extent that
any other Terms of Use or terms of service conflict with these Terms
of Use, those other provisions shall control with respect to the
use of the particular web site and any products or services available
on or through the web site or the respective product or service
at which those other provisions may be found.
XXV. Violations
of Terms of Use
Should
you violate these Terms of Use or any other rights of SchoolFair.net,
we reserve the right to pursue any and all legal and equitable remedies
against you, including, without limitation, terminating your access
to the SchoolFair.net web site. If you are aware of any violation
of these Terms of Use, please report them to:
SchoolFair.net Abuse Manager
P. O. Box 2142
Corona, CA 92878
Conclusion
We sincerely
hope your enjoyment of SchoolFair.net’ s Products and Services will
be enhanced by the application of these Terms of Use. It is our
belief the your understanding of the guidelines we have set forth
will allow the SchoolFair.net web site to continue to be a place
where each of us can learn and enjoy ourselves within an open and
non-threatening environment. Thank you for taking the time to read
these Terms of Use and we hope you enjoy our Products and Services.
Last
updated 5/11/02
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