This website, www.hb.edu (the "Site"), is provided by Hathaway Brown School ("Hathaway Brown"). The term "you," "your" or "yourself" shall refer to the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE "TERMS") CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY REGISTERING FOR AN ACCOUNT OR EVENT WITH HATHAWAY BROWN, ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.
Hathaway Brown reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.
You agree that Hathaway Brown may, at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content. Hathaway Brown may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of Hathaway Brown. You agree that Hathaway Brown may, at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content and any accounts that you may have in connection with this Site, and, upon such termination, you shall immediately destroy all material and information gained from your access to this Site.
The provisions in the Terms regarding ownership of Site Content and Site Code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.
Ownership; Copyright and Trademark Information
All Site Content and Site Code is the exclusive property of Hathaway Brown or its licensors or third-party content providers. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of Hathaway Brown or its licensors. The names of other companies and products and/or services mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code.
All Site Content and Site Code is Copyright - 2007, Hathaway Brown School and/or subject to the copyright of its licensors or third-party content providers. All rights reserved.
"Site Content" means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. "Site Code" refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.
Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Hathaway Brown grants you a non-exclusive, non-transferable, terminable, limited right to access, use and display this Site and Site Content for informational purposes only. Hathaway Brown authorizes you to view and download Site Content only for your personal, non-commercial use, provided you keep intact all copyright, trademark, service mark and other proprietary notices contained therein.
Hathaway Brown hereby expressly permits users who register for an account or event with Hathaway Brown to use the transactional portions of this Site to download and print from this Site, solely for purposes of transacting with Hathaway Brown or its third-party service providers, copies of any transactional (including tracking) information set forth on the transactional portions of this Site that pertain to transactions made by you.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose without Hathaway Brown's prior written consent; (b) not to modify or alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; (e) not to access or use any secure, password protected, or non-public areas of the Site without obtaining a user name and password from Hathaway Brown or written authorization from Hathaway Brown, as the case may be; (f) not to obtain, disclose, use the account, user name, or password of another Site user (or attempting to do the same) any time or disclose your password to any third party or permit any third party to access your account; (g) to notify Hathaway Brown immediately if you suspect any unauthorized use of your account or access to your password; and (h) not to frame, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.
You agree that you are fully responsible for all activities that occur under your password(s). You agree to be financially responsible for all usage or activity relating to your user name and password. You agree to notify Hathaway Brown immediately of any unauthorized use of your password(s).
The sender of any communications to this Site or otherwise to the owners of this Site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
Hathaway Brown will use reasonable efforts to include up-to-date and accurate information on the Site. However, your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may be incomplete or contain inaccuracies and typographical errors.
THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND "AS AVAILABLE." HATHAWAY BROWN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, THE SITE CONTENT AND THE SITE CODE, OR YOUR RELIANCE ON ANY SITE CONTENT, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY AND COMPLETENESS, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Third Party Sites
As a convenience to you, this Site may provide links to websites operated by third parties, including access to content, products and services that are not maintained or controlled by Hathaway Brown. Hathaway Brown has no control over any such third party web sites, the contents therein or the products/services offered by such third parties. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Limitation of Damages
IN NO EVENT SHALL HATHAWAY BROWN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S ACCESS OR USE OF OR RELIANCE ON THIS SITE, SITE CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF HATHAWAY BROWN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE, FOR ANY REASON, HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF HATHAWAY BROWN TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING HEREFROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR US$100, WHICH EVER IS LESS.
You agree to defend, indemnify and hold harmless Hathaway Brown, its officers, directors, employees, agents, contractors and suppliers from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Site or breach by you of the Terms.
Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement
This Site is controlled, operated and administered by Hathaway Brown from its offices in the United States of America. By providing personal information to this Site, all users fully understand and consent to the collection and processing of such information in the United States of America. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent such local laws are applicable. You may not use this Site or export Site Content in violation of U.S. export laws and regulations.
Any claims or disputes arising from or related to the Site (including, without limitation, the Terms, the Site Content and the Site Code) shall be brought and governed by the laws of the State of Ohio, without regard to its conflicts of law rules. You expressly and irrevocably consent to the sole and exclusive jurisdiction and venue of the state and federal courts of the State of Ohio, Cuyahoga County, to resolve any dispute between you and Hathaway Brown related hereto, and you hereby agree to waive all rights to contest this exclusive jurisdiction and venue of such courts. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Ohio law, jurisdiction and forums for dispute resolution. If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these Terms and their subject matters.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Hathaway Brown.
The Terms constitute the entire agreement between Hathaway Brown and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and Hathaway Brown agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
How to Contact Us
If you have any questions, comments, or concerns about these Terms or the Site or Site Content, please contact us via e-mail at firstname.lastname@example.org.