TERMS AND CONDITIONS OF USE
Copyright 2007 Southwest Home Educators Association All Rights Reserved
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use are applicable to the Southwest Home Educators Association network of Web sites. Hereafter in this documentation, Southwest Home Educators Association and its affiliates, partners, representatives, employees, and contractors will be referred to as "SHEA." When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site. IF YOU DO NOT AGREE TO THEM, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM IT. Please note that when you enter any sub-site accessible through this homepage or any other page, such sub-site may have its own terms and conditions of use, which is specific to such sub-site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including the Privacy Policy) will constitute your acceptance to such changes.
USE OF MATERIALS
This site is owned and operated by SHEA. No material from any SHEA Web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of SHEA, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home 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 SHEA 's copyright and other proprietary rights and may be subject to civil and/or criminal penalties. SHEA may terminate this license at any time if you are in breach of the terms of these Terms and Conditions of Use. Upon termination, you will immediately destroy the Materials.
There may be a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, SHEA is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Except as expressly provided herein, SHEA and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by SHEA in writing or incorporated elsewhere in the Materials.
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of any SHEA Web site, whether by paid subscription or not. You shall not upload to, distribute through, or otherwise publish through any SHEA Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of SHEA and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by SHEA including, but not limited to any so-called "expert", "moderator", "blog-editor" or other individual functioning in a similar capacity. SHEA reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.
SHEA is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. SHEA reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.
By communication in any Public Forum, you hereby represent that you have all necessary rights in the materials, communications, or other information that you have provided, transmitted or sent to the Public Forum
SHEA DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
MATERIALS AND COMMUNICATIONS SENT TO SHEA
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way SHEA uses such material. SHEA will have no obligations with respect to the Communications. SHEA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by SHEA anywhere in the world, in any medium, forever. Furthermore, SHEA is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that SHEA is not obligated to use any such ideas or materials and you have no rights to compel such use.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to SHEA does not cause SHEA to have any special responsibility to you.
LINKS
This Site may contain links to other Internet sites on the World Wide Web. SHEA provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that SHEA approves of, endorses or recommends that site. SHEA reserves the right to terminate any link or linking program at any time. SHEA disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
CONTESTS
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
E-mail the Site, or ask us to e-mail anything to you;
Send in any information;
Enter any contest or game that requires information about you or offers a prize;
Buy anything online.
ONLINE PRICING, SPECIFICATIONS, AVAILABILITY
Prices, specifications and availability of products sold on southwest-home-education.com are subject to change without notice. SHEA is not liable for any typographical, photographic or specification error in product, pricing or offers which are all subject to correction.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the Site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We are not involved in any actual transaction between any Site user (including any so-called "expert", "moderator", "blog-editor" or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Site user and third party relating to or arising out of any transaction between such parties. We urge Site users and third parties to cooperate with one another to resolve any such disputes.
STATEMENT ON DIVERSITY
SHEA understands that most home educators are generally on the same path – trying to do right and learning morals, values, and virtues – each according to his or her own conscience. SHEA is not formed as a religious organization and believes that religion should be taught in the home and worship should be done at the church, synagogue, or temple of the family’s choice. The members of SHEA are diverse. SHEA does not encourage or promote one religion over another, and believes everyone should worship how, where and what their conscience dictates is right for them.
One does not have to completely abolish all structured curriculum or all ties to public schools to be welcome in the SHEA community. Homeschoolers, unschoolers, cyberschoolers, and anyone who wishes to embark on the academic journey with their children is welcome to membership and all the privileges that come with the benefits of membership. No matter what type or level of home education one chooses, it is still home education and will reap a bountiful harvest as long as it is nurtured by a heart with good intent. For the purposes of promoting SHEA, we generalize the term Home Educators for all members and prospective members, while leaders are discouraged from allowing social division among members due to academic choices that may or may not involve use of public school curriculum - whether full time or part time.
DISCLAIMERS
Merchant and service availability, price and time-related information appearing on the SHEA Web sites are subject to change. SHEA is not responsible for any such changes and advises you to confirm all specific terms appearing on the SHEA Web sites before acting in reliance on such terms.
Third-party products and services represented on any SHEA Web site are not necessarily endorsed or recommended by SHEA and SHEA disclaims all responsibility regarding the performance or the use of third-party products and services.
SHEA does not necessarily endorse or sanction the content, products or actions of Web sites that are linked to or from SHEA Web sites.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SHEA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHEA and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. SHEA may make changes to these materials, or to the products described therein, at any time without notice. SHEA makes no commitment to update the Materials.
INDEMNIFICATION
You agree to indemnify, defend and hold SHEA and all of its agents, directors, officers, employees, information providers, licensors and licensees, affiliates and subsidiaries, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will cooperate as fully as reasonably required in SHEA 's defense of any claim. SHEA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SHEA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHEA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SHEA OR AN SHEA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHEA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
TRADEMARKS
Southwest Home Educators Association, Today’s Home Educator Magazine, “Catch the Wave of the West…A Step Above the Rest”, represent a partial list of trademarks associated with SHEA alI of which are protected by law. Other trademarks not listed here, but which are associated with SHEA, are protected by law as well. Duplication, tampering or unauthorized use in any way of any SHEA trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution.
USE OF PERSONABLY IDENTIFIABLE INFORMATION
Information submitted to SHEA through forms on the website are subject to SHEA 's Internet Privacy Policy.
SHEA’s Right to Change These Terms and Conditions of Use or Content on the Site
SHEA may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. SHEA may add, change, discontinue, remove or suspend any other Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
GENERAL TERMS
This site is controlled by SHEA from its offices within United States of America. SHEA makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Arizona, United States of America. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Mohave County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
© Copyright 2007, Southwest Home Educators Association. All rights reserved.
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