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Oakland Unified School District Web Site Terms and Conditions of Use For Any access to and use of the site and its pages ("Site") is subject to the terms and conditions of use (the "Terms") as set forth in this document as they are amended from time to time by Oakland Unified School District(this "Agreement"). In this Agreement, "You" or "Your" refers to any person or entity using the Site. By checking the "I AGREE" box below, accessing, or otherwise using the Site, You agree to be bound by this Agreement. Oakland Unified School District may change the Terms from time to time in its sole discretion. Your access and use of the Site after such changes shall constitute Your agreement to abide by and be legally bound by the Terms as they appear at the time of the access and use. If You do not agree to the Terms, You may not access or use the Site. 1. SITE USE GENERALLY. 1.1. User Information. You represent, warrant, and covenant that all information You provide to Oakland Unified School District is and will be complete and accurate. By submitting information, You grant Oakland Unified School District the right to share Your information with the school district. 1.2. Links to Other Materials. Linked sites are not under the control of Oakland Unified School District and Oakland Unified School District is not responsible for the content of any linked site or any link contained in a linked site. Oakland Unified School District reserves the right to terminate any link or linking program at any time. Oakland Unified School District provides such links only as a convenience to You. Oakland Unified School District has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If You decide to access any third party sites linked to this Site, You do so entirely at Your own risk. 1.3. Minors; Territory. The Site is a government web site and shall not be accessed by persons under the ageof18. Oakland Unified School District operates this site from its office within the United States. Oakland Unified School District makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. If You access this Site from outside the United States, You do so at Your own risk. You may not use the Site in violation of United States export laws and regulations. 2. INTELLECTUAL PROPERTY. 2.1. Trademarks. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Image One Corp. or its licensors. 2.2. Copyright. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Image One Corp.’s prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, Image One Corp. does not grant any express or implied right to You under any patents, copyrights, trademarks or trade secret information. 3. DISCLAIMER OF WARRANTIES. 3.1.General. Oakland Unified School District MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. Oakland Unified School District UNDERTAKESNO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE. 3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Oakland Unified School District EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE REMAINS WITH YOU. Oakland Unified School District MAKES NO COMMITMENT TO UPDATE THE SITE. 4. LIMITATION OF LIABILITY AND REMEDIES. 4.1. Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Oakland Unified School District BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF Oakland Unified School District KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 4.2. Indemnification. You agree to defend, indemnify and hold Oakland Unified School District harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Oakland Unified School District may hereafter incur, become responsible for or pay out arising out of Your use of the Site or Your breach of any term or provision of the Terms. 5. PRIVACY. 5.1. Oakland Unified School District may collect information about You and Your use of the Site. Use and disclosure is governed by the Privacy Policy, which is posted on the Site. By using the Site, You consent to the terms of the Privacy Policy in effect at the time of such use. 6. TERMINATION. 6.1. Oakland Unified School District may terminate this Agreement at any time without notice to You for any or no reason. Sections 4, 5, and 7 will survive termination of this Agreement. 7. GENERAL TERMS. 7.1. Modification. Oakland Unified School District reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the Site is offered. Oakland Unified School District may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of the Terms may be superseded by expressly designated legal notices given to You or terms located on particular pages at the Site. Oakland Unified School District also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Oakland Unified School District shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site. 7.2. Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of California, without regard to conflicts of law principles. Oakland Unified School District and You agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Alameda, California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section. 7.3. Equitable Relief. You recognize and acknowledge that a breach by You of any of Your obligations under the Terms will cause Oakland Unified School District irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by You, including any action by You that could cause some loss or dilution of Oakland Unified School District goodwill, reputation, or rights in the Site, Oakland Unified School District shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution. 7.4. Entire Agreement. The Terms embody the entire agreement and understanding between Oakland Unified School District and You with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms. By checking the "I have read the above and agree" box below and clicking the "Start" button below, you acknowledge that you have read, understood, and agree to be legally bound by the Terms as stated above. If you do not agree to the above Terms, close your web browser.
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