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Your One Educational Source |
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| Terms and Conditions of Use |
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Acceptance of Terms
Through Use By using this site, you signify your agreement to all
terms, conditions, and notices contained or referenced herein (the "Terms
of Use"). If you do not agree to these Terms of Use please do not use this
site. We reserve the right, at our discretion, to update or revise these
Terms of Use. Please check the Terms periodically for changes. Your
continued use of this site following the posting of any changes to the
Terms of Use constitutes acceptance of those changes.
Agreement to Rules of User Conduct You agree to abide by
Eagle Vision's User Conduct Rules, including but not limited to, agreeing not to use
this site for any unlawful purpose.
Third Party Sites This site may produce automated search
results or otherwise link you to other sites on the Internet. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the control of
Eagle Vision, and you acknowledge that Eagle Vision is not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect
of the content of such sites. The inclusion of such a link does not imply
endorsement of the site by Eagle Vision or any association with its
operators.
Proprietary Rights You acknowledge and agree that all content
and materials available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary
rights and laws. Except as expressly authorized by Eagle Vision, you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this site is strictly
prohibited without the express written permission of Eagle Vision.
User's Grant of Limited License By posting or submitting
content to this site, you
- grant Eagle Vision and its affiliates and licensees the right to
use, reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote the content in any form, anywhere and for any
purpose; and
- warrant and represent that you own or otherwise control all of the
rights to the content and that public posting and use of your content by
Eagle Vision will not infringe or violate the rights of any third party.
Disclaimer of Warranties ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS
SITE (THE "CONTENT") 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.
Eagle Vision, ITS PARENT, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. 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.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL
Eagle Vision, ITS PARENT, SUBSIDIARIES, OR LICENSORS 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
Eagle Vision HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, Eagle Vision'S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification Upon a request by Eagle Vision, you agree to
defend, indemnify, and hold harmless Eagle Vision and its parent,
subsidiary and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use or misuse of
this site. Eagle Vision reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
Eagle Vision in asserting any available defenses.
International Use Eagle Vision makes no representation that
materials on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible for
compliance with local laws.
Choice of Law and Forum These Terms of Use shall be governed
by and construed in accordance with the laws of the state of New Jersey,
excluding its conflicts of law rules. You expressly agree that
the exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be filed
only in the state or federal courts located in the state of New Jersey,
and you further agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or action.
Severability and Integration Unless otherwise specified
herein, this agreement constitutes the entire agreement between you and
Eagle Vision with respect to this site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or
electronic) between you and Eagle Vision with respect to this site. If any
part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Termination Eagle Vision reserves the right, in its sole
discretion, to terminate your access to all or part of this site, with or
without notice.
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