Website User Agreement
The following terms and conditions of use apply to everyone who visits this or any other of West Virginia Academy Ltd.’s Web sites (hereinafter West Virginia Academy Ltd. shall be referred to as the “Academy”). Please read these terms. By accessing and using these Web sites, you are agreeing to abide by, and be bound by, the following terms and conditions and any amendments in effect at the time of your visit. Academy may modify these terms and conditions at any time without notice by updating these legal notices, and we encourage you to review the terms and conditions because any such modifications will be binding on you.
Trademarks and service marks on this or any other Academy Web sites are registered and unregistered trademarks of Academy and others. Nothing contained on the Web sites should be construed as granting any license or right to use any such marks without the written permission of Academy or such other party who may own such mark(s). The contents of this or any Academy Web sites (including, without limitation, their arrangement and layout; names and logos; and text, illustrations and artwork used therin; and any Academy apps) are the copyrighted property of Academy or its agents (i.e. the original creator of the material) and are protected under applicable copyright and trademark laws. Academy authorizes you, subject to these terms and conditions, to access and use the Academy Web sites and the copyrighted content solely for personal use, at Academy’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of Academy’s Web sites may violate civil and/or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.
Academy’s Web sites may contain links to third-party Web sites, which are provided as a convenience to users of our sites. Academy makes no claim or warranty of, and is not responsible for, any information found in a linked Web site.
No Representation or Warranty
While Academy uses reasonable efforts to include up-to-date and accurate information on its Web sites, Academy does not make, and expressly disclaims, any representations or warranties of any kind, either express or implied (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement) with regard to any such information, its accuracy or completeness or the frequency that it is updated. You agree that your use of the Academy Web sites and everything on Academy’s Web sites is provided on an “AS IS“ and “AS AVAILABLE“ basis. Academy assumes no liability or responsibility for any errors or omissions in the content of its Web sites. Academy makes no warranties that (i) the Academy Web sites will meet your requirements, (ii) the Academy Web sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Academy Web sites will be accurate or reliable, (iv) the quality of any goods or services available on the Academy Web sites will meet your expectations, (v) any errors on the Academy Web sites will be corrected, (vi) that your use of the Academy Web sites or any material obtained from the Academy Web sites will not damage your computer system or mobile device or that no loss of data will result from obtaining such material.
Limitation of Liability
Your use of Academy’s Web sites is at your own risk. In no event shall Academy or any of its officers, directors/governors, employees or affiliates, be liable, directly or indirectly, for any damages of any kind or nature, including, without limitation, direct, special, incidental or consequential, exemplary, or any claims or losses, resulting from or in connection with the creation or use of, or reliance on, this site, any other Academy Web site or any linked Web site contained in any such sites, or any of the information accessed through any such site or from the inability to use any such site. This limitation includes damage to your computer equipment or any viruses that may infect your computer equipment or other property, loss of profits, goodwill, or other intangible losses (even if Academy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Academy Web sites; (ii) the cost of procuring substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Academy Web sites; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the Academy Web sites; (v) your reliance on content made available by Academy; or (vi) any other matter relating to the Academy Web sites.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the fullest extent possibly by law, Academy’s and any of its officers, directors, employees or affiliates’ maximum liability arising out of or in connection with the Academy Web sites or your use of Academy’s content, regardless of cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100 in the aggregate.
You agree to defend, indemnify, and hold harmless Academy and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Academy content, (iii) your misuse of the Academy Web sites, or (iv) your breach of these terms and conditions. Academy shall provide notice to you promptly of any such claim, suit, or proceeding.
Nothing contained in Academy’s Web sites should be construed as medical, legal, tax, investment, financial or other advice. Notwithstanding the Academy’s purpose as a scientific and educational non-profit organization, without limitation, nothing contained in the sites should replace recommendations from certified educators, legal or tax counsel, or healthcare providers.
You may not alter or attempt to alter the Web site itself. You also may not create a link to the Web site without first obtaining written authorization from Academy. Further, you may not use the Web site services in any manner that could disable, overburden, or impair any of Academy’s servers or servers to which Academy has obtained access, or interfere with any third party’s use and enjoyment of the Web site services, other accounts, computer systems, or networks connected to any Academy server or the Web site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. Your right to use the Web site services may be further limited by international law, federal law, or the laws and regulations of your particular state or locality.
You shall use the Web site services for your own personal, non-commercial purposes only. You shall not use the Web site services to: (i) post user comments containing spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) upload or post infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates a third party’s privacy rights; (iii) upload or post material containing software viruses or other harmful computer codes, files, scripts, agents, or programs; or (iv) solicit, for commercial purposes, any users of the Web site services with respect to their Content, by using any personally identifiable information or communication forums on the Web site.
You shall not circumvent, disable, or otherwise interfere with security-related features of the Web site or features that enforce limitations on use of the Web site services.
Governing Law and Venue
These terms and conditions will be governed by and interpreted pursuant to the laws of West Virginia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in West Virginia in connection with any dispute between you and Academy arising out of these terms and conditions or pertaining to the subject matter hereof. Any matter in state court must be brought in the district court in Monongalia County. The parties to these terms and conditions each agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter of these terms and conditions will be in the state and federal courts located within Washington County, Pennsylvania. You and Academy agree that any cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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