Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please do not use this
site.
Copyright
The entire content included in this site, including but not limited to all the text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, or licensed to North Hill Elementary PTSA under
specific conditions, and is the property or responsibility of North Hill
Elementary PTSA, unless otherwise specified. The collective work includes works
that are licensed to North Hill Elementary PTSA.
Copyright 2019, North Hill Elementary PTSA ALL RIGHTS RESERVED.
You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with North Hill Elementary PTSA or
to purchase North Hill Elementary PTSA products. Any other use, including but
not limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by North Hill
Elementary PTSA. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of North Hill Elementary PTSA
used in the site are trademarks or registered trademarks of North Hill
Elementary PTSA.
Warranty Disclaimer
This site and the materials and products on this site are provided “as
is” and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, North Hill Elementary
PTSA disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. North Hill Elementary PTSA does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components. North Hill
Elementary PTSA does not make any warrantees or representations regarding the
use of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
North Hill Elementary PTSA shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if North Hill Elementary
PTSA has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Additionally, and without exception, in consideration for the
privilege to distribute these materials, the Highline School District shall be
held harmless from any cause of action, claim, or petition filed in any court
or administrative tribunal arising out of the distribution of these materials,
including all costs, attorney’s fees, and judgments or awards.
Typographical Errors
In the event that a North Hill Elementary PTSA product is mistakenly listed at
an incorrect price, North Hill Elementary PTSA reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. North Hill
Elementary PTSA reserves the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, North Hill Elementary PTSA shall issue a credit to your credit card
account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by North Hill Elementary
PTSA without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
North Hill Elementary PTSA may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to North Hill Elementary PTSA.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Washington, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of North Hill Elementary PTSA products) shall be in the state
or federal courts located in Olympia, WA, U.S.A. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of North Hill Elementary PTSA products) must be commenced within one
(1) year after the claim or cause of action arises. North Hill Elementary PTSA’s
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. North Hill Elementary
PTSA may assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a North Hill Elementary PTSA member or other licensed
employee, host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable which may constitute or encourage a criminal offense,
violate the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site or use
the site to solicit others to join or become members of any other commercial
online service or other organization.
Participation Disclaimer
North Hill Elementary PTSA does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, North Hill Elementary PTSA is merely acting
as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, North Hill Elementary PTSA reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to North Hill Elementary PTSA in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless North Hill Elementary PTSA,
its officers, directors, employees, agents, licensors and suppliers
(collectively the “Service Providers”) from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, North Hill Elementary
PTSA may link to sites operated by third parties. However, even if the third
party is affiliated with North Hill Elementary PTSA, North Hill Elementary PTSA
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of North Hill Elementary PTSA. These
linked sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, North Hill Elementary PTSA seeks to protect the
integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).