TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND SBMC
The Martin County School Board (SBMC) Website is comprised of
various Web pages operated by SBMC.
The SBMC Websites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the SBMC Websites constitutes your agreement
to all such terms, conditions, and notices. Your use of a particular
SBMC Website included within the SBMC Websites may also be subject
to additional terms outlined elsewhere in this agreement.
In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines
contained within any particular SBMC Website, then these terms
shall control.
MODIFICATION OF THESE TERMS OF USE
The Martin County School Board reserves the right to change the
terms, conditions, and notices under which the SBMC Sites/Services
are offered, including but not limited to the charges associated
with the use of the SBMC Sites/Services. You are responsible for
regularly reviewing these terms and conditions and additional terms
posted on particular websites. Your continued use of the SBMC Sites/Services
constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the SBMC Sites/Services are for your
personal and noncommercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the SBMC Sites/Services without
written consent.
LINKS TO THIRD PARTY SITES
The SBMC Sites/Services may contain links to third party Web sites
("Linked Sites"). The Linked Sites are not under the
control of SBMC and SBMC 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. SBMC
is not responsible for webcasting or any other form of transmission
received from any Linked Site nor is SBMC responsible if the Linked
Site is not working appropriately. SBMC is providing these links
to you only as a convenience, and the inclusion of any link does
not imply endorsement by SBMC of the site or any association with
its operators. You are responsible for viewing and abiding by the
privacy statements and terms of use posted at the Linked Sites.
However, if the linked site contains inappropriate materials,
let us know by email and the linked site will be removed from the
SBMC Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SBMC Sites/Services, you will
not use the SBMC Sites/Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may
not use the SBMC Sites/Services in any manner which could damage,
disable, overburden, or impair any SBMC Site/Service(s) (or the
network(s) connected to any SBMC Site/Service(s)) or interfere
with any other party's use and enjoyment of any SBMC Site/Service(s).
You may not attempt to gain unauthorized access to any SBMC Site/Service,
other accounts, computer systems or networks connected to any SBMC
Site/Service, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the
SBMC Sites/Services.
LIABILITY DISCLAIMER - THE INFORMATION AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SBMC SITES/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SBMC
SITES/SERVICES AND TO THE INFORMATION THEREIN. SBMC AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SBMC SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SBMC SITES/SERVICES
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SBMC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED WITHIN THE SBMC SITES/SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. SBMC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SBMC SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SBMC SITE/SERVICE.
YOU SPECIFICALLY AGREE THAT SBMC IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT
OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL SBMC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SBMC SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SBMC
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SBMC SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE SBMC SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SBMC 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 OF THE SBMC SITES/SERVICES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SBMC SITES/SERVICES.
TERMINATION/ACCESS RESTRICTION
SBMC reserves the right, in its sole discretion, to terminate
your access to any or all SBMC Sites/Services and the related services
or any portion thereof at any time, without notice.
SBMC shall have no obligation to maintain any content or to forward
any unread or unsent messages to you or any third party.
GENERAL
This agreement is governed by the laws of the State of Florida,
U.S.A. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in Martin County, Florida, USA in all disputes
arising out of or relating to the use of the SBMC Sites/Services.
Use of the SBMC Sites/Services 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 SBMC as a result of this agreement or use
of the SBMC Sites/Services. You agree to indemnify and hold SBMC,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the SBMC Sites/Services. SBMC
reserves the right to disclose any personal information about you
or your use of the SBMC Sites/Services, including its contents,
without your prior permission if SBMC has a good faith belief that
such action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend the rights
or property of SBMC or its affiliated companies; (3) enforce the
terms or use; or (4) act to protect the interests of its members
or others. SBMC's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of SBMC's right to comply with governmental, court
and law enforcement requests or requirements relating to your use
of the SBMC Sites/Services or information provided to or gathered
by SBMC 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 SBMC with respect to the SBMC Sites/Services
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and SBMC with respect to the SBMC Sites/Services. 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 and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. |
