User Agreement

This web site, www.lintonhall.edu (the "Site"), is operated by Linton Hall School ("LHS"). By accessing or using the Site, you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and LHS, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site. You may contact LHS by e-mail with questions about the terms and conditions of this User Agreement.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM.

LHS grants you a limited right to use the Site.

• Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
• At any time and for any reason, LHS may revoke your right to use all or any portion of the Site.
• You may not violate or attempt to violate the security of the Site.

The Site and its Content are owned by LHS.

• The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by LHS.
• Linton Hall School, LHS, and other names and indicia of LHS and its products and/or services are exclusive trademarks and service marks or registered trademarks of Linton Hall School. Other product and company names appearing on the Site may be trademarks of their respective owners.
• You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
• You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
• You may print copies of any accessible portion of the Site only for your own personal use.
• You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.

You make certain representations and warranties regarding your use of the Site. You represent and warrant that:

• You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement and any other agreement that you enter into via the Site;
• You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;
• In connection with your use of the Site, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and
• All information that you provide in connection with your use of the Site is true and complete.

You assume various risks in using the Site.

• We make no guarantees, promises or assurances regarding the Site.
• We make reasonable efforts to provide accurate Content on the Site. However, some Content may be inaccurate, outdated or otherwise inappropriate.
• Some Content and some of the data used in the Content come from third parties. We believe that these third parties are reliable but we are not responsible for any third party information.
• Some Content may require you to input data, and may not function effectively if you input inaccurate data. Information generated by the Content may vary based on the data that you input.
• We may change any portion of the Site at any time without notice to you.
• We are not liable for any damage or loss to you resulting from these or any other risks.

You have various responsibilities when using the Site.

• You alone are responsible for your use of the Site.
• You agree not to create hyperlinks to the Site from any other website without our express written consent.
• We are not involved in any dealings between you and any third party. You release LHS and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with your use of the Site and any dispute between you and any third party.
• YOU AGREE THAT WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE SITE OR THE CONTENT.

If LHS provides you with a password, you must keep your password confidential.

• We may provide you with a password to access certain areas of the Site.
• You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
• You accept full responsibility for any use of your password.
• You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.
• We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

LHS is not liable for any technological problems and any impact that they may have.

• All or any portion of the Site may not be available and may not function properly at any time.
• We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems such as viruses and other damaging computer programming routines or engines.
• We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
• We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
• We are not liable for any defects, delays or errors in or resulting from your use of the Site.

LHS is not responsible for any aspect of any third party web site.

• If you access any third party web site through the Site or otherwise, you do so at your own risk.
• Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by LHS.
• LHS is not responsible or liable for any aspect of any products, services or content appearing on or available through any third party web site.

LHS has the right to monitor and record activity on the Site and respond as it deems appropriate.

• We may monitor and record activity on the Site for any reason or no reason.
• We may investigate any complaint or reported violation of our policies.
• We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
• We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.

LHS respects your privacy.

Personal nonpublic information that we gather from you will be governed by our Privacy Policy.

LHS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.

• THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF
  • MERCHANTABILITY,
  • FITNESS FOR A PARTICULAR PURPOSE AND
  • NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
• WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT.

LHS' LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

• IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
• OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
• UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF LHS AND ITS RESPECTIVE AFFILIATES, AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE AND THE CONTENT IS $100.
• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

You will be responsible for any liability to LHS that arises out of your breach of this User Agreement or your use of the Site.

You agree to indemnify, defend and hold harmless LHS and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:

• your use of the Site,
• your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
• your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.

You agree to resolve by arbitration any controversy arising between you and LHS and/or any of our respective control persons, predecessors, subsidiaries, affiliates, successors, assigns and employees.

• With respect to the resolution of any such controversy, you further acknowledge that:
• Arbitration is final and binding on the parties.
• The parties are waiving their right to seek remedies in court, including the right to jury trial.
• Pre-arbitration discovery is generally more limited than and different from court proceedings.
• The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
• Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate, which demand or notice shall include an election of one of the foregoing forums for arbitration. If you fail to make such election by registered mail addressed to one of the foregoing forums for arbitration, before the expiration of five days after you deliver to LHS a written demand for arbitration or a written notice of intention to arbitrate, LHS may make such election on your behalf.
• Any arbitrator(s) selected to resolve an arbitration shall be bound exclusively by the laws of the State of New York without regard to its choice of law rules.
• No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
  • the class certification is denied;
  • the class is decertified; or
  • the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.

You will be bound by revised versions of this User Agreement that we post on the Site.

• Modifications will be effective immediately upon posting unless we indicate otherwise.
• Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.

You are bound by certain other general conditions.

• This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and LHS concerning the subject matter hereof.
• LHS may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
• If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.