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A. "CSIonline.org" is the interactive on-line service operated by Christian Schools International. ("CSI") on the World Wide Web of the Internet, consisting of information services and content provided by CSI, affiliates of CSI and other third parties.
B. "Subscriber" means each person who establishes or accesses a connection ("account") for access to and use of CSIonline.org.
This Agreement, which incorporates by reference other provisions applicable to use of CSIonline.org, including (but not limited to) supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in CSIonline.org, sets forth the terms and conditions that apply to use of CSIonline.org by Subscriber. By using CSIonline.org (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use CSIonline.org is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. CSI shall have the right at any time to change or discontinue any aspect or feature of CSIonline.org, including (but not limited to) content, products, hours of availability, and equipment needed for access or use.
3. Modify Terms
CSI shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of CSIonline.org, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on CSIonline.org, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of CSIonline.org by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of CSIonline.org and all charges related thereto.
5. Subscriber Conduct
A. Subscriber shall use CSIonline.org for lawful purposes only. . Subscriber shall not post or transmit through CSIonline.org any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CSI's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in CSI's sole discretion restricts or inhibits any other Subscriber from using or enjoying CSIonline.org will not be permitted. Subscriber shall not use CSIonline.org to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become Subscribers of other on-line information services competitive with CSIonline.org or CS.
B. CSIonline.org contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of CSIonline.org are copyrighted as a collective work under the United States copyright laws. CSI owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of CSI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. Subscriber shall not upload, post or otherwise make available on CSIonline.org any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. . Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CSIonline.org, Subscriber automatically grants, or warrants that the owner of such material has expressly granted CSI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants CSI the right to edit, copy, publish and distribute any material made available on CSIonline.org by Subscriber.
D. The foregoing provisions of Section 5 are for the benefit of CSI, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSIONLINE.ORG IS PROVIDED TO SUBSCRIBER "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SUBSCRIBER'S USE OF CSIONLINE.ORG IS AT ITS SOLE RISK. CSI, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO CSIONLINE.ORG AND ITS INFORMATION, SERVICE AND MERCHANDISE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF CSIONLINE.ORG REMAINS WITH SUBSCRIBER.
B. CSI MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) CSIONLINE.ORG WILL MEET SUBSCRIBER'S REQUIREMENTS, (ii) CSIONLINE.ORG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CSIONLINE.ORG WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH CSIONLINE.ORG WILL MEET ITS EXPECTATIONS. FCS UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY CSIONLINE.ORG.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that CSI is not liable for the defamatory, offensive, or illegal conduct of other Subscribers or their parties and that the risk of injury from the foregoing rests entirely with Subscriber.
D. IN NO EVENT WILL CSI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CSIONLINE.ORG OR THE SOFTWARE, BOOKS, MUSIC OR OTHER PRODUCTS AVAILABLE AT CSIONLINE.ORG BE LIABLE FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CSIONLINE.ORG. . SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES ON CSIONLINE.ORG.
E. Subscribers or their parties are solely entitled to the manufacturer's warranty, if any, on any product purchased at CSIonline.org. CSI makes no additional or independent warranties of any kind.
F. In addition to the terms set forth above, neither CSI nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within CSIonline.org, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. . None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Prior to the execution of a stock trade, Subscribers are advised to consult with their broker or other financial representative to verify pricing or other information. CSI, its affiliates, information providers, or content partners shall have no liability for investment decisions based upon the information provided on CSIonline.org. Neither CSI nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
CSI shall have the right, but not the obligation, to monitor the content of CSIonline.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CSI and to satisfy any law, regulation or authorized government request. CSI shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on CSIonline.org. Without limiting the foregoing, CSI shall have the right to remove any material that CSI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless CSI, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of CSIonline.org by Subscriber or under Subscriber's Account.
Either CSI or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, CSI shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which CSI, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Third Party Content
CSI is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, CSI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of CSIonline.org, are those of the respective author(s) or distributor(s) and not of CSI. Neither CSI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through CSIonline.org represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with CSI. CSI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on CSIonline.org by anyone other than authorized CSI employee spokespersons while acting in their official capacities. Under no circumstances will CSI be liable for any loss or damage caused by a Subscriber's reliance on information obtained through CSIonline.org. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CSIonline.org. Subscriber shall seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Linked sites are not under the control of CSI and CSI is not responsible for the content of any linked site or any link contained in a linked site. CSI reserves the right to terminate any link or linking program at any time. CSI provides such links only as a convenience to Subscriber. CSI has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If Subscriber decides to access any third party sites linked to CSIonline.org, Subscriber does so entirely at Subscriber's own risk.
This Agreement and any operating rules for CSIonline.org established by CSI constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
12. Supplemental Terms
As set forth in the CSIonline.org Service Agreement which governs the use of CSIonline.org, please be advised that neither CSI nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within CSIonline.org, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. All products are offered subject to availability. Prices, promotions and/or discounts may be changed without notice.