Terms of Use

AGREEMENT BETWEEN USER AND DURHAM SCHOOL SERVICES

 
The Durham School Services website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Durham School Services website constitutes your agreement to all such terms, conditions, and notices.
 

MODIFICATION OF THESE TERMS OF USE

 
Durham School Services reserves the right to change the terms, conditions, and notices under which the Durham School Services website is offered.
 

LINKS TO THIRD PARTY SITES

 
The Durham School Services website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Durham School Services and Durham School Services 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 School Services is not responsible for webcasting or any other form of transmission received from any Linked Site. Durham School Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Durham School Services of the site or any association with its operators.
 

NO UNLAWFUL OR PROHIBITED USE

 
As a condition of your use of the Durham School Services website, you warrant to Durham School Services that you will not use the Durham School Services website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Durham School Services website in any manner which could damage, disable, overburden, or impair the Durham School Services website or interfere with any other party's use and enjoyment of the Durham School Services 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 School Services websites.
 
Subject to your compliance with these Terms of Use, Durham School Services or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Durham School Services or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of this website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Durham School Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Durham School Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing Durham School Service's name or trademarks without the express written consent of Durham School Services. You may not misuse the website. You may use the website only as permitted by law. The licenses granted by Durham School Services terminate if you do not comply with these Terms of Use.
 

LIABILITY DISCLAIMER

 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DURHAM SCHOOL SERVICES WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DURHAM SCHOOL SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DURHAM SCHOOL SERVICES WEBSITE AT ANY TIME.
 
DURHAM SCHOOL SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTAINED ON THE DURHAM SCHOOL SERVICES 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 SCHOOL SERVICES 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.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DURHAM SCHOOL SERVICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DURHAM SCHOOL SERVICES WEBSITE, WITH THE DELAY OR INABILITY TO USE THE DURHAM SCHOOL SERVICES WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE DURHAM SCHOOL SERVICES WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DURHAM SCHOOL SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS 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 DURHAM SCHOOL SERVICES WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DURHAM SCHOOL SERVICES WEBSITE.
 

TERMINATION/ACCESS RESTRICTION

 
Durham School Services reserves the right, in its sole discretion, to terminate your access to the Durham School Services website and the related services or any portion thereof at any time, without notice.
 

COPYRIGHT AND TRADEMARK NOTICES

 
All contents of the Durham School Services website are: Copyright 2012 by Durham School Services 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 School Services website by others, please let us know. Please provide Durham School Services with written notice (“Notice”) by contacting Durham School Services’ Designated Agent at the following address:

Durham School Services
Attn: General Counsel 
Address: 4300 Weaver Parkway
City, State Zip: Warrenville, IL 60555
Phone: 630-821-9089

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 School Services  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 School Services  Site (“Infringing Material”), and information reasonably sufficient to permit Durham School Services  to locate such material on the Durham School Services Site;
  •  Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Durham School Services  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.
 

GENERAL

 
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 School Services website. Use of the Durham School Services 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 School Services’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Durham School Services’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Durham School Services website or information provided to or gathered by Durham School Services 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 School Services with respect to the Durham School Services website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Durham School Services with respect to the Durham School Services 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 

SERVICE CONTACT