Acceptance of the Agreement. Welcome to the Site. SSC is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. The Agreement may be updated and modified by us from time to time without notice to you. You can review the most current version of the Agreement at any time by clicking on the “Terms & Conditions” link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about SSC.
Access to the Site. SSC is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
Eligibility for Use. The Site is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to minors. If you do not qualify, please do not use the Site. SSC or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the Site to anyone at any time, in our sole discretion.
User Obligations. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SSC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SSC has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security.
SSC may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site (the “Service”). You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify SSC of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. SSC cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities which occur under your password or account.
Use of Interactive Areas. The Site may contain “Interactive Areas,” including chat rooms, bulletin boards, or other message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content that:
- Defames, threatens, or abuses others;
- Is racially or ethnically offensive;
- Is obscene, pornographic, vulgar, or harmful to children;
- Infringes another’s rights to intellectual property, publicity, or privacy;
- Contains advertisements, promotions, or commercial solicitations;
- Contains information intended to assist in the placement of a bet or wager; or
- Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
SSC reserves the right to review, edit, or delete any content you post to the Site and to terminate your access to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. SSC recommends against the posting of any personally identifiable information.
SSC does not endorse or control the content, messages or information found in any Interactive Area and, therefore, SSC specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. Interactive Area hosts are not necessarily employees or affiliates of SSC, and their views do not necessarily reflect those of SSC.
Limits on Liability. SSC will not be liable for:
- The contents of any communication, message, or information posted by you or other third parties;
- The content of any website not controlled, owned, or operated by SSC that is accessed from or linked to the Site;
- The content, services or information provided by any website purporting to be operated by SSC or its affiliates, but not actually affiliated with, controlled, owned, or operated by SSC;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and.
— Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use the Site, even if SSC has been advised of the possibility of such damages. Because some states 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 Site, or with any of the terms of the Agreement, your sole and exclusive remedy is to discontinue using the Site.
Content . It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. SSC does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on the Site.
Links to Third Party Sites. Although we hope that you will find the material on the Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by SSC of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because SSC has no control over third-party websites and resources, you acknowledge and agree that SSC is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that SSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SSC or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of the Site, in whole or in part. Those portions of the Site owned by SSC are the copyright of SSC. All rights reserved. SSC, Swedish School of Colorado, Svenska Skolan Colorado and www.svenskaskolancolorado.org are trademarks of SSC. All other trademarks are the property of their respective owners.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Indemnification. You agree to indemnify and hold SSC, its directors, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Agreement or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. SSC does not assume responsibility to you or others for any failure by SSC to enforce the provisions contained in the Agreement.
Termination. You agree that SSC, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if SSC believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. SSC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that SSC may immediately bar any further access to the Site. Further, you agree that SSC shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that SSC may establish general practices and limits concerning your use of the Site. You agree that SSC has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. SSC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that SSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that SSC reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, SSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SSC MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 SSC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), SSC reserves the right, but not the obligation, to terminate your right to use the Site if SSC determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. SSC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, SSC has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of SSC to receive notification of claimed infringement is:
c/o Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202
Phone: (303) 223-1232
Facsimile: (303) 223-8032
SSC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Governing Law. The Agreement and the relationship between you and SSC shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis.
Waiver. SSC’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SSC in writing.
Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Agreement shall remain in full force and effect.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Agreement are for convenience only and have no legal or contractual effect.