SCOLA Legal

SCOLA Legal Document

GENERAL TERMS AND CONDITIONS FOR USE OF THE SCOLA WEB SITE AND SERVICES
 
1. LICENSE; RESTRICTIONS ON USE PRINTABLE DOCUMENTS :   
2. ACCESS TO SERVICES General Terms And Conditions(PDF)
3. DISCLAIMER
4. LIMITATION OF LIABILITY
5. MISCELLANEOUS

1. LICENSE; RESTRICTIONS ON USE (back to top)

1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research and educational purposes the Online Services and Materials from time to time made available to you. This license includes:

(a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the terms and conditions of any Supplemental Agreement you may have with SCOLA for Materials;

(b) The right to obtain a printout of Materials of the Online Services via printing commands and to create a single printout of Materials (collectively, "Authorized Printouts"); and;

(c) The right to retrieve via downloading commands of the Online Services and store in machine-readable form for no more than 90 days, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by any Supplemental Agreement for Materials.

1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by any Supplemental Agreement related to the Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies.

1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the Online Services.

1.4 All right, title and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provider of the Online Services or its third-party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials or copies thereof.

1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes upon the copyrights or proprietary interests therein.

1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.

1.7 Other provisions that govern your use of Materials are set forth in your applicable price schedule, any supplemental terms for Materials, if any, online descriptions of files, online notices following file selection, and individual documents retrieved from the Online Services, all of which are incorporated by reference into these General Terms and Conditions.

2. ACCESS TO SERVICES (back to top)

2.1 Only individuals authorized by the subscribing organization may access and use the Online Services.

2.2 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services.

2.3 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.

2.4 You agree to use SCOLA for lawful purposes only.


3. DISCLAIMER (back to top)

3.1 THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD-PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY (back to top)

4.1 Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein,(b) the unavailability or interruption of the Online Services or any features thereof or any Materials,(c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.

4.2 "Covered Party" means (a) the provider of the Online Services, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of the provider of the Online Services or its affiliates; and (b) each third-party supplier of Materials, their affiliates and any officer, director, employee, subcontractor, agent, successor or assign of any third-party supplier of Materials or any of their affiliates.

4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE ONLINE SERVICES OR MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

5. MISCELLANEOUS (back to top)

5.1 These General Terms and Conditions may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services immediately upon notice. Your subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.

5.2 The provider of the Online Services or the subscribing organization may terminate the subscription for access to the Online Services. The effective date of termination shall be 10 days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the Online Services may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

5.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative.

5.4 The failure of the provider of the Online Services or any third-party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

5.5 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Online Services without the prior written consent of the provider of the Online Services.

5.6 Materials available in this Web site are protected by copyright law: Copyright © 2006 SCOLA. All rights reserved. No part of the Materials including graphics or logos, found on this Web site, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission, except as provided for in these General Terms and Conditions. Distribution for commercial purposes is prohibited.

5.7 If any provision in these General Terms and Conditions is invalid unenforceable, the remaining provisions will continue in full force and effect. These General Terms and Conditions are and always will be governed by the laws of the United States of America and the State of Nebraska (except with respect to choice of law). You agree that the proper forum for any claim arising under these terms and conditions will be the state or federal courts located in Nebraska.

      Copyright © 2003-2010 SCOLA.All right reserved.SCOLA is a § 501(c)(3) Educational Organization.