AGREEMENT BETWEEN USER AND The College of the Sequoias
The College of the Sequoias Web Site is comprised of various Web pages
operated by The College of the Sequoias.
The College of the Sequoias Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of The College of the Sequoias Web Site
constitutes your agreement to all such terms, conditions, and notices.
The College of the Sequoias reserves the right to change the terms,
conditions, and notices under which The College of the Sequoias Web Site is
offered, including but not limited to the charges associated with the use
of The College of the Sequoias Web Site.
LINKS TO THIRD PARTY SITES
The College of the Sequoias Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of The College
of the Sequoias and The College of the Sequoias is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. The
College of the Sequoias is not responsible for webcasting or any other form
of transmission received from any Linked Site. The College of the Sequoias
is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by The College of the Sequoias of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The College of the Sequoias Web Site, you
warrant to The College of the Sequoias that you will not use The College of
the Sequoias Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use The College of the
Sequoias Web Site in any manner which could damage, disable, overburden, or
impair The College of the Sequoias Web Site or interfere with any other
party's use and enjoyment of The College of the Sequoias Web Site. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through The College
of the Sequoias Web Sites.
USE OF COMMUNICATION SERVICES
The College of the Sequoias Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
The College of the Sequoias has no obligation to monitor the Communication
Services. However, The College of the Sequoias reserves the right to review
materials posted to a Communication Service and to remove any materials in
its sole discretion. The College of the Sequoias reserves the right to
terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
The College of the Sequoias reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in The College of the
Sequoias' sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. The College
of the Sequoias does not control or endorse the content, messages or
information found in any Communication Service and, therefore, The College
of the Sequoias specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized The
College of the Sequoias spokespersons, and their views do not necessarily
reflect those of The College of the Sequoias.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO The College of the Sequoias OR POSTED AT ANY The
College of the Sequoias WEB SITE
The College of the Sequoias does not claim ownership of the materials you
provide to The College of the Sequoias (including feedback and suggestions)
or post, upload, input or submit to any The College of the Sequoias Web
Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you
are granting The College of the Sequoias, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. The College of the Sequoias is under no obligation to post
or use any Submission you may provide and may remove any Submission at any
time in The College of the Sequoias' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH The College of the Sequoias WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. The College of the Sequoias AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN The College of the Sequoias WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA The College of the Sequoias WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
The College of the Sequoias AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON The College of the Sequoias WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. The College of the Sequoias AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The
College of the Sequoias AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF The College of the Sequoias WEB SITE, WITH THE DELAY OR
INABILITY TO USE The College of the Sequoias WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH The
College of the Sequoias WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
The College of the Sequoias WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The College of the
Sequoias OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The College of the
Sequoias WEB SITE.
SERVICE CONTACT :
The College of the Sequoias reserves the right, in its sole discretion, to
terminate your access to The College of the Sequoias Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of the State of California, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Tulare County,
California, U.S.A. in all disputes arising out of or relating to the use of
The College of the Sequoias Web Site. Use of The College of the Sequoias
Web Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and The College of the Sequoias
as a result of this agreement or use of The College of the Sequoias Web
Site. The College of the Sequoias' performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of The College of the Sequoias' right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of The College of the Sequoias Web Site or information provided
to or gathered by The College of the Sequoias 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. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and The College of the Sequoias with respect to The
College of the Sequoias Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and The College of the Sequoias with respect to
The College of the Sequoias Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of The College of the Sequoias Web Site are: © Copyright 2011,
The College of the Sequoias and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.