User Agreement

This User Agreement ("Agreement") is between the User and the Great Schools Partnership, Inc. ("Great Schools") and governs your use of this Site (this "Site") and the services offered on the Site. This Site is made available to User conditioned on acceptance, without modification, of all of the terms and conditions in this Agreement. This Agreement may be updated or revised at any time by posting the amended Agreement on the Site. Please check the Site periodically for changes to this Agreement. User´s use of the Site and services included herein following the posting of any changes to the terms of this Agreement constitutes acceptance of those changes. Also, the services available may be added to, deleted or modified at any time in Great Schools´ sole discretion.

  1. User represents that he/she is authorized to enter into this Agreement on behalf of him/herself and agrees to be bound by these terms and conditions. Access to and use of the Site and software is achieved through a combination of a user name and password. User will be assigned a unique user name and password. The user name and password provide authorized use of the software and allows user to conclude a range of transactions. Neither User nor any other person is permitted to access the Great Schools software using the user name and password of any other entity. User shall not provide access to the Great Schools software to other persons through use of User´s user name or password. Great Schools is not responsible for the use of User´s user name or password by another party, except to the extent due to the gross negligence of Great Schools.
  2. User agrees not to use the Site or the Great Schools software in any manner as would violate any criminal or civil laws, and agrees to hold harmless and indemnify Great Schools from and against all cost and expense arising from any such violation.
  3. In connection with transacting over the Site, Users may upload or post content or other information. User agrees that it is User´s sole obligation to ensure that any information provided in using the software and Site will be accurate. User also agrees that User´s information must not: (a) be fraudulent; (b) infringe any third party´s rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; © violate any applicable law, statute, rule or regulation, (d) be obscene, indecent or contain pornography; (e) be defamatory, libelous, threatening or harassing; or (f) be outdated or inaccurate in any way that could mislead any other party. User agrees it shall be responsible for any liability associated with the publication and distribution of any such information and content on the Site and User agrees to indemnify and hold harmless Great Schools from any and all claims whatsoever that may arise from User´s information. Great Schools is not obligated and undertakes no responsibility to review the User information and to determine whether it is accurate. However, Great Schools may take any action with respect to any information that it deems necessary or appropriate in its´ sole discretion if Great Schools believes such information may give rise to liability to Great Schools or other parties.
  4. GREAT SCHOOLS PROVIDES THE SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. USER AGREES THAT USE OF THE SOFTWARE IS AT USER´S SOLE RISK. GREAT SCHOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. GREAT SCHOOLS MAKES NO WARRANTY AS TO THE ACCURACY OR VIABILITY OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR OBTAINED IN CONNECTION WITH USE OF THE SITE OR SOFTWARE.
  5. As between the parties, all right title and interest in and to the Site, the software and any information provided by Great Schools and displayed or contained therein is retained and owned by Great Schools and their licensors, as applicable.
  6. In consideration of User´s right to use the Site and software, User agrees that neither Great Schools, nor or any officer, affiliate, director, shareholder, agent, licensor or employee of Great Schools will be liable to User or any third party for any indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, lost data, interrupted communications, damages, expense, or costs resulting directly or indirectly from or otherwise arising in connection with the use, availability or any third party unavailability of the Site or software. Great Schools´ cumulative liability to User or any third party for any and all claims or causes of action relating to this Agreement shall, in the aggregate, be limited to an amount equal to a one month User fee for User.
  7. Disputes regarding this Site and its use shall be governed by and construed in accordance with the laws of the State of Maine without regard to its conflict of law provisions. Any such controversy or claim shall be settled by binding arbitration conducted in Portland, Maine under the then-current commercial rules of the American Arbitration Association and all expedited procedures prescribed by that organization shall apply. The prevailing party shall be entitled to recover all its costs and expenses incurred in connection with such proceedings, including without limitation reasonable attorney´s fees.





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