By accessing this web site ("Website"), you consent to
these terms of use. If you do not agree to these terms of use, you
are not authorized to use the site.
YOUR USE OF MATERIALS
Copyright 2004 School Specialty Children’s Publishing. This
site is owned and operated by School Specialty, Inc. (hereafter
"School Specialty"). Unless otherwise indicated, the content,
format and imagery of this Website are copyrighted under the United
States law by School Specialty, and are protected by worldwide copyright
laws and treaty provisions. Unauthorized duplication is a violation
of law. The content, format and imagery of the Website may not be
copied, published, broadcast, distributed, reproduced or transmitted
in any way without the prior written consent of School Specialty.
School Specialty reserves complete title and full intellectual property
rights for materials downloaded from the Website, except that you
may download one copy of the materials on any single computer for
your personal non-commercial use only, provided you keep intact
all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation
of School Specialty's intellectual property rights.
For purposes of this Agreement, the use of any such material on
any other web site or computer environment is prohibited without
the express written consent of School Specialty. For the purpose
of this statement of use the term "User" shall apply to
those users of the Website who are registered or are unregistered
to procure goods or services on this Website. For the purpose of
this statement of use the term "Supplier" shall apply
to those users of the Website who are registered to sell and or
market goods or services on this Website.
In the event you download any data from the site, including any
software, files or images incorporated in or generated by the site
or data accompanying or to be used with the site (hereafter collective
referred to as the "Data") are licensed to you by School
Specialty, unless such Data is the property of a Supplier. If information
is identified as that of a Suppler the User shall download information
based upon arrangements made with the Supplier. School Specialty
does not condone or approve the unauthorized use of Supplier Data
without their consent. School Specialty does not transfer title
of any Data to you. As between you and School Specialty, School
Specialty retains full and complete right, title, and interest in
and to the Data of School Specialty and all intellectual property
rights therein. You may not redistribute, sell, decompile, reverse-engineer
or disassemble the Data.
YOUR DUTIES AS TO REGISTRATION
In consideration of your use of this Website and any services provided
by School Specialty in connection therewith (hereafter, the "Service"),
you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such
information being referred to hereafter as the "Registration")
and (b) maintain and promptly update the Registration to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, outdated or incomplete, or School Specialty
has reasonable grounds to suspect that such information is untrue,
inaccurate, outdated or incomplete, School Specialty has the right
to suspend or terminate your account and refuse any and all current
or future use of the Service or any portion thereof. School Specialty
shall follow its privacy and security policy regarding such information
as described at http://www.onfileseries.com/pripolicy.php. School
Specialty shall have the option to revise such policy as it may
see fit from time to time.
YOUR ACTIONS AS A USER
You acknowledge and understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Materials"), whether publicly posted
or privately transmitted, are the sole responsibility of the person
(Supplier or User) from which such Materials originated.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Materials
that are unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful whether sexually, racially or ethnically, or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, any law enforcement officer, or any School Specialty
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Materials transmitted through
the Service;
e. upload, post, email or otherwise transmit any Materials
that you do not have a right to transmit under any law or under
contractual or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed
as part of an employment relationship or under any nondisclosure
agreement);
f. upload, post, email or otherwise transmit any Materials
that infringe, contribute to the infringement of, or induce others
to infringe, any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
g. upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation.
h. upload, post, email or otherwise transmit anything that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
or in any other way cause damage to a user's data against the
will of the user;
i. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real-time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, any rules of any
national or other securities exchange, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that School Specialty and anyone it designates
shall have the right, but not the obligation, in their sole discretion
to move or refuse to move any Materials that are available via the
Service. Without limiting the foregoing, School Specialty and anyone
it designates shall have the right to remove any Materials that
violate these terms of use or are otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the
use of any Materials, including any reliance on the accuracy, completeness,
or usefulness of such Materials. In this regard, you acknowledge
that you may not rely on any Materials 1) created by School Specialty
or on this Website, or 2) submitted to School Specialty or this
Website, including without limitation information in any School
Specialty bulletin boards and in all other parts of the Service.
You acknowledge and agree that School Specialty and this Website
may preserve Materials and may also disclose Materials if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce these terms of service; (c) respond to claims
that any Materials violate the rights of third-parties; or (d) protect
the rights, property, or personal safety of School Specialty and
this Website, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Materials, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of various networks or devices to which the Service
is connected. This Website contains robot exclusion headers and
you agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the School Specialty site
or any activities conducted on our site. You agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much of the information on our
site is updated on a real time basis and is proprietary or is licensed
to School Specialty or its vendors or third parties. You agree that
you will not copy, reproduce, alter, modify, create derivative works,
or publicly display any content from this Website without the prior
expressed written permission of School Specialty, School Specialty's
vendor, or the appropriate third party.
YOUR RELATIONS WITH ADVERTISERS AND SUPPLIERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers, Suppliers or affiliates found on
or through the Website, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser, Supplier or affiliate. You agree that School
Specialty and this Website shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers, Supplier
on the Website.
TERMS AND CONDITIONS OF USE MAY CHANGE
School Specialty reserves the right to update or modify these Terms
and Conditions of Use at any time without prior notice. Your use
of this Website following any such modification constitutes your
agreement to follow and be bound by the Terms and Conditions of
Use as modified. For this reason, we encourage you to review these
Terms and Conditions of Use whenever you use this Website.
CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited to text,
pricing, availability and descriptions may contain errors or inaccuracies,
and may not be complete or current. School Specialty reserves the
right to correct any errors, inaccuracies or omissions and to change
or update information at any time without prior notice (including
after you submitted your order and confirmation was received). We
apologize for any inconvenience this may cause you.
COLOR AND OTHER DISPLAYED FEATURES
The colors and other features you see depicting merchandise on your
computer equipment and with your software may depend on the nature
and features your particular equipment and software. Therefore,
we cannot guarantee that your monitor's display of any color or
certain other features will accurately depict the actual color or
those features of the merchandise.
TERMINATION
This Agreement is effective until terminated by either party. You
may terminate this Agreement at any time by destroying all materials
and related materials obtained from School Specialty and this Website
and ceasing utilization of the Website, while fulfilling all obligations
incurred by you prior to your termination of use of this Website.
This Agreement will terminate immediately without notice from School
Specialty or this Website, if in their sole discretion you fail
to comply with any term or provision of this Agreement, if you are
an infringer of any third party's rights, or if you engage in conduct
that is illegal, tortuous or that interferes with the technological
operation of this site. Upon termination, you must destroy all materials
obtained from School Specialty or this Website and all copies thereof,
whether made under the terms of this Agreement or otherwise.
DISCLAIMER
SCHOOL SPECIALTY MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO SCHOOL SPECIALTY OR THE CONTENTS OF
THIS WEBSITE, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS
AVAILABLE." SCHOOL SPECIALTY AND THIS WEBSITE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO SCHOOL SPECIALTY AND THIS WEBSITE AND ANY
WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS
TO THIS WEBSITE. SCHOOL SPECIALTY NOTIFIES YOU THAT MUCH OF THE
CONTENT OF THE WEBSITE IS SUPPLIED BY THIRD PARTY SUPPLIERS WHO
ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED BY THEM. SCHOOL
SPECIALTY DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED
ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS,
THAT SCHOOL SPECIALTY OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT
FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE
OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS
OR OTHER HARMFUL COMPONENTS. SCHOOL SPECIALTY DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOOL SPECIALTY
OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SCHOOL SPECIALTY OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF
SCHOOL SPECIALTY, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SCHOOL SPECIALTY'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR
NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER
NO CIRCUMSTANCES SHALL SCHOOL SPECIALTY BE RESPONSIBLE FOR ANY DAMAGES
RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION,
OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE
AND HARDWARE LOCATED ON THEIR SYSTEMS).
JURISDICTION AND EXPORT
This Website is controlled and operated by School Specialty from
its office in Menasha, Wisconsin, United States of America. School
Specialty and this Website make no representation that materials
on this Website are appropriate or available for use in other locations.
Those who choose to access this Website from other locations do
so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Data
from this site is further subject to United States export controls.
No software from School Specialty or this Website may be downloaded
or otherwise exported or re-exported into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country
to which the United States has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Data, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
ARBITRATION
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by School Specialty to recover damages for, or obtain an injunction
relating to, operations of this Website, intellectual property,
and services related to this Website, shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Milwaukee,
Wisconsin, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either the User or School
Specialty may seek any interim or preliminary relief from a court
of competent jurisdiction in Milwaukee, Wisconsin necessary to protect
the rights or property of you or School Specialty pending the completion
of arbitration. Should either party file an action contrary to this
provision, the other party may recover attorney's fees and costs
up to $10,000.00.
ANTITRUST POLICY
School Specialty does not condone any information sharing agreements
among its suppliers or its users (including Users) which would utilize
information from School Specialty which in any way would distort
market forces. School Specialty also does not condone collusion
among users (including Users), which would cause the exercise of
monopsony power among buying groups. School Specialty will not enter
into and does not condone the entering into of any agreements among
competitors (whether suppliers or Users) to exclude or discriminate
against web sites that are competitive with School Specialty. School
Specialty shall not engage in over-inclusive ownership structures,
rules, or incentives which would keep users of School Specialty
from using or supporting a competitive Website.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance
with the laws of the state of Wisconsin, without giving effect to
any principles of conflicts of law. You and School Specialty each
agree to submit to the exclusive jurisdiction of the courts of the
state of Wisconsin and the federal courts of the Eastern District
of Wisconsin. If any provision of this Agreement shall be unlawful,
void or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This is
the entire agreement between the parties relating to the subject
matter herein and shall not be modified except by writing, signed
by both parties. School Specialty does not guarantee continuous,
uninterrupted or secure access to our services, and operation of
this Website may be interfered with by numerous factors outside
of our control. If any provision of these Terms & Conditions
of Use is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. You agree
that these Terms & Conditions of Use and all incorporated agreements
may be automatically assigned by School Specialty, in its sole discretion,
to a third party in the event of a merger or acquisition. Headings
are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. The failure of
School Specialty to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. The User and School Specialty are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these
Terms & Conditions of Use.
PERMISSION FOR REPRINTS
All material on this Website, without limitation, is protected by
U.S. and foreign intellectual property laws, including specifically
copyright laws. In order to receive permission to reprint any material
on this Website (outside of personal, non-commercial use), please
write to:
School Specialty Children’s Publishing
3195 Wilson Drive NW
Grand Rapids, MI 49544
NOTICE OF COPYRIGHT INFRINGEMENT
Notification of a claim of copyright infringement must be submitted
to the following:
Franzoi & Franzoi, S.C.
General Counsel, School Specialty, Inc.
514 Racine Street
Menasha, Wisconsin 54952
Fax (920) 725-0998
e-mail jffiv@franzoi.com
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or
works;
- Identification of the allegedly infringing material and information
reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact the
party complaining of an alleged infringement (e.g. an address,
telephone number, and email address);
- A statement that the complaining party has a good-faith belief
that use of the allegedly infringing material in the manner complained
of is not authorized by the copyright owner, its agent, or the
law; and A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
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