A. Agreement to Terms
B. Internet Links
The Site may provide, or third parties may provide, links to other Internet sites. We do not endorse, and are not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance upon, any such information, material, products, or services.
C. Third Parties
Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site.
D. Disclaimer of Warranties
ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT the Site will meet your requirements or that the results that may be obtained from the Site will be satisfactory; OR THAT the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
D. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE or our affiliates, governing board, officers, agents, employees, or partners BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE cannot guarantee, and will not be responsible for any damage or loss related to, the timeliness, accuracy, or completeness of the CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless us, our affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys’ fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the Site. However, we reserve the right to defend and control any of the above matters, at our own expense. If we decide to defend any such matter, you agree to fully cooperate with us in our defense.
F. Modifications to Site
We reserve the right to, from time to time, discontinue or modify, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice.
G. Use and Storage of Content on the Site
We may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. We, in our sole discretion, reserve the right to change these general practices and limits at any time.
H. Ownership of Content
All information and Content on the Site, as well as the organization and layout of the site, is owned and copyrighted by us, our suppliers, or other Site users. You may copy, reproduce, download and use any of the information and Content on the site for noncommercial purposes, as long as copyright, trademark, and/or other ownership is properly attributed to The Children’s Partnership or other rightful owner, except as expressly authorized above or otherwise by us, you may not copy, distribute, resell, display, sublicense or create derivative works based on any such information or Content from the Site, in whole or in part.
We may, in our sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason (including, without limitation, for a violation of the Terms). We will not be liable to you for any such suspension, termination or prohibition on future access. Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify us of your termination of these Terms, which termination will be effective immediately. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms.
Any notices to you by us may be made by either email or regular mail.
K. General Provisions
These Terms constitute the entire agreement between you and us and govern your use of the Site, superceding any prior agreements between you and us regarding the Site (including, but not limited to, any prior versions of these Terms). These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law of that or any other jurisdiction. Our failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against us more than one year after such claim first arose.
L. Consent to Jurisdiction and Venue
You hereby agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms or your use of the Site shall be the state or federal courts located in San Francisco, California, and you further agree to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
The Children’s Partnership thanks TechSoup from which we drew for this section.
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