Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. ACCEPTANCE OF TERMS
This website (“Site”) is managed and operated by Community Educational Services (“CES”). By using our Site, you agree to be bound by the Terms of Use specified in this Agreement (“Agreement”). CES reserves the right to modify this Agreement from time to time, for any reason, without notice and such modifications will be made available on our Site. We encourage you to periodically review these Terms of Use. If you do not agree to these Terms of Use, please do not use this Web site.
2. USE
Your use of our Site is subject to all applicable local, state, national and international laws and regulations. If you violate any of the terms in this Agreement, your permission to use our Site is automatically terminated.
3. PRIVACY POLICY
Use of our Site is governed by our Privacy Policy.
4. PROPRIETARY RIGHTS
All content on our Site is: Copyright ©; 2007 Community Educational Services. All rights reserved. [Community Educational Services and the Community Educational Services logo are trademarks of Community Educational Services. All trademarks and registered trademarks are protected by US and international trademark laws.]
5. INDEMNIFICATION
You agree to indemnify and hold CES, its parents, affiliates, officers, employees, and volunteers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of our Site, your violation of this Agreement, or other use of our Site using your computer.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: OUR SITE, AND ALL MATERIALS AND INFORMATION INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, CES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CES BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THIS SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED ON, OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties. The section titles contained herein are for convenience only and are no effect. The failure of CES to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this Agreement remain in full force and effect. You and CES agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred, unless prohibited in some jurisdictions, in which the applicable time period shall be the minimum allowed by law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and CES agree to submit to the exclusive jurisdiction of the courts of the State of California.