8.29 Form: End User Online Services Terms & Conditions BY PROCEEDING TO USE THE WEB PORTAL PROVIDED BY Find My School, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE THE Find My School WEB PORTAL. 1. License 1.1 License Grant Find My School is the author and/or authorized sublicensor of certain materials owned and created by Find My School or Find My School's licensors. Find My School grants you a nontransferable, nonexclusive license to use the information, images and other content contained on this web site (the "Materials"), solely for internal use by you or for your own personal use, only with one central processing unit at any one time (except where sourcing from the original source, http://nces.ed.gov, where the government's copyright rules apply). You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials (except where sourcing from the original source, http://nces.ed.gov). You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement (except where sourcing from the original source, http://nces.ed.gov). You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. Find My School and/or Find My School's licensors retains all ownership rights in the Materials (except where sourcing from the original source, http://nces.ed.gov). The Materials are copyrighted and may not be copied, even if modified or merged with other Materials (except where sourcing from the original source, http://nces.ed.gov). You shall not alter or remove any copyright notice or proprietary legend con-tained in or on the Materials. You agree not to remove any proprietary rights notices of Find My School and/or its licensors from the Materials. 1.2 Reservation of Rights Find My School reserves any rights not expressly granted herein. 1.3 Restrictions The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by Find My School. 2. Ownership 2.1 Find My School Material The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without Find My School's prior written consent. Except as expressly provided herein, Find My School does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. 2.1 Third Party Material The Materials published by Find My School on this server may con-tain other proprietary notices or describe products, services, processes or technologies owned by Find My School or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Find My School or any third party, except for the right of use license expressly set forth above in these terms and conditions. Find My School is not responsible for data posted by you the user. Your personal information such as IP address will be released to the warranted party if you have broken any laws. 2.2 Advertisements Find My School does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements. 2.3 Trademarks Other product and company names mentioned herein may be protected by the trademarks of their respective owners. 3. Links to Third Party Sites Linked sites are not under the control of Find My School and Find My School is not responsible for the contents of any linked site or any link contained in a linked site. Find My School is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Find My School of the site. 4. No Warranty Find My School AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NONCOMFORMITIES, DEFECTS OR ERRORS. Find My School AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. 5. Errors and Corrections THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. Find My School AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME. 6. Limitation on Liability IN NO EVENT SHALL Find My School AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF Find My School'S DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT Find My School HAS NO LIABILITY 7. Local Law Find My School makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws. 8. General Find My School reserves the right to discontinue or modify any of the information contained on this server at any time. Find My School shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without Find My School's prior written consent. This Agreement shall be governed by the laws of Kansas, exclusive of conflicts of laws principles. The user shall pay any taxes on the information or transactions, except for those based on Find My School's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right.