Terms of Service

Introduction

These terms and conditions govern your use of this website, Pelhamsd.org; by using this website, you accept these terms and conditions, privacy policy, and disclaimer in full. If you disagree with these terms and conditions, any part of these terms and conditionsprivacy policy, or disclaimer you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Pelhamsd.org's use of cookies in accordance with the terms of this website's privacy policy.

License to use website

Unless otherwise stated, the Pelham School District and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Pelham School District's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the Pelham School District's express written consent.

Restricted access

Access to certain areas of this website is restricted. The Pelham School District reserves the right to restrict access to areas of this website, or indeed this entire website, at the Pelham School District's discretion.

If the Pelham School District provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

The Pelham School District may disable your user ID and password without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the Pelham School District a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Pelham School District the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Pelham School District or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Pelham School District reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.

Notwithstanding the Pelham School District rights under these terms and conditions in relation to user content, the Pelham School District does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of this site and all content and services available on the site is at your sole risk and responsibility.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN RISK AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DISTRICT OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Without prejudice to the generality of the foregoing paragraph, the Pelham School District does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate, or non-misleading.

Nothing in this website constitutes, or is meant to constitute advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DISTRICT 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 THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING, IN ANY WAY, OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ANY EVENT, THE DISTRICT’S ENTIRE LIABILITY TO YOU UNDER ANY CLAIM ARISING FROM THE ACCESS OR USE OF THE SITE OR ONLINE COURSES BY YOU OR ANY OTHER USER WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE DISTRICT FOR USE OF THE WEBSITE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THE PELHAM SCHOOL DISTRICT HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.

Indemnification

You agree to indemnify, defend and hold harmless the District, its officers, and its employees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of any breach by you of any provision of these terms of service, or arising out of any claim that you have breached any provision of these terms of service.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this site and online courses shall be filed only in the State courts located in Hillsborough County, New Hampshire or the U.S. District Court District of New Hampshire. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Changes to Terms of Service

The District reserves the right to change these Terms of Service at any time without notice. Any changes will become effective upon posting the revised Terms of Service to the website. By accessing or using the website, you agree to the Terms of Service in effect upon your time of use, including any provisions pertaining to changes of the Terms of Service.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Pelham School District liability in respect of any:

  • death or personal injury caused by the Pelham School District's negligence;
  • fraud or fraudulent misrepresentation on the part of the
  • matter which it would be illegal or unlawful for the Pelham School District to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the Pelham School District, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Pelham School District's, officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Pelham School District's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Pelham School District.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Breaches of these terms and conditions

Without prejudice to the Pelham School District's other rights under these terms and conditions, if you breach these terms and conditions in any way, the Pelham School District may take such action as the Pelham School District deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

The Pelham School District may transfer, sub-contract or otherwise deal with the Pelham School District's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions together with privacy policy, and disclaimer constitute the entire agreement between you and the Pelham School District in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Details

For information about how to contact us, please visit our contact page.

The Pelham School District's registered address is 59A Marsh Road, Pelham, NH 03076.

Credit

This document was created using a Contractology template available at freenetlaw.com.

Last Updated: Wednesday, September 5, 2018 8:37 AM

Just a friendly reminder that there will be an early release on September 21.

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