AGREEMENT BETWEEN USER AND DURHAM
The Durham website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Durham website constitutes your agreement to all such terms, conditions, and notices.
Durham reserves the right to change the terms, conditions, and notices under which the Durham website is offered.
The Durham website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Durham and Durham is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Durham is not responsible for webcasting or any other form of transmission received from any Linked Site. Durham is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Durham of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Durham website, you warrant to Durham that you will not use the Durham website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Durham website in any manner which could damage, disable, overburden, or impair the Durham website or interfere with any other party’s use and enjoyment of the Durham website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Durham websites.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Durham WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Durham AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Durham WEBSITE AT ANY TIME.
Durham AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTAINED ON The Durham WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Durham AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Durham reserves the right, in its sole discretion, to terminate your access to the Durham website and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Durham website are: Copyright 2012 by Durham and/or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you have any copyright or trademark concerns about any materials posted on the Durham website by others, please let us know. Please provide Durham with written notice (“Notice”) by contacting Durham’ Designated Agent at the following address:
Durham School Services
Attn: General Counsel
Address: 2601 Navistar Drive
City, State Zip: Lisle, IL 60532
To be effective, the Notice must include the following:
– A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
– Information reasonably sufficient to permit Durham to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
– Identification of the allegedly infringing material on the Durham Site (“Infringing Material”), and information reasonably sufficient to permit Durham to locate such material on the Durham Site;
– Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Durham Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
– A statement that the Complaining Party has a good faith belief that use of 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Durham website. Use of the Durham website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Durham’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Durham’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Durham website or information provided to or gathered by Durham with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Durham with respect to the Durham website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Durham with respect to the Durham website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.