Terms of Service

Revision: July 24, 2009

Introduction

Steward House (SH) and the Steward House Educational Partnership Group (EPG), referred to herein as "we", "us", "Publisher", "House", or "Company", provides this Web site ("site") including the services offered on and through this Web site, data service, and/or application (the "Offerings") to you subject to the following terms and conditions. Please read them carefully. By using the Offerings, you agree to be bound by the terms and conditions of this agreement (the "Agreement"). If you would like to print this Agreement, please use the print function.

License

You must be thirteen (13) years or older to use the Offerings. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Offerings.

Limited License

Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings including without limitation directory listing data, the Company logo, and all designs, text, graphics, pictures, information, data, sound files, software, and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to the Company or its affiliates or licensors and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable, and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise to (i) access and use the Offerings, (ii) cause the Materials to be displayed from a single computer or mobile device, and (iii) use the Materials, solely as permitted under this Agreement (the "License"). The Company and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.

General Restrictions

You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials.

You will not:

Termination of License

The Company may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other Company service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission.

Termination of Services

The Company may discontinue, terminate, suspend, or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension, or shut-down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension, or shut-down. Upon any such action by the Company, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings.

Accounts

Account Creation

In order to access to certain Offerings, you may be asked to create a user account (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current, and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current, and complete; and (iii) that the Company may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current, or incomplete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges, and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify the Company of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.

Information

Privacy

The Company is committed to protecting your privacy. The personal information you provide to us as part of any Offerings is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Offerings.

Content You Provide or Transmit

In the course of using the Offerings or Materials, you may transmit or otherwise make available certain content (including information about yourself). Unless otherwise stated in this Agreement or our Privacy Policy, by submitting such content, you represent and warrant that: (i) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (ii) such content is accurate and not misleading; and (iii) transmission or providing such content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a world-wide, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, store, and archive such content. Also, you understand and agree that the Company retains the right to reformat, excerpt, or translate any content provided or transmitted by you. Any content provided or transmitted by you will be treated in accordance with our Privacy Policy. You understand and agree that the Company will not be liable for any content, publicly posted or privately transmitted, on the Offerings.

Feedback

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of the Company (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, and distribute the Feedback to others without limitation or obligation.

DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION

DISCLAIMER OF WARRANTY

THE OFFERINGS AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE OFFERINGS OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE OFFERINGS OR MATERIALS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OFFERINGS OR MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE OFFERINGS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN, ANY OF THE OFFERINGS OR MATERIALS, (II) ANY INABILITY TO USE THE OFFERINGS OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY OFFERINGS, IN EACH CASE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THE USE OF THE OFFERINGS OR MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE OFFERINGS OR MATERIALS.

Indemnification Obligations

You agree to hold harmless, defend, and indemnify the Company from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against the Company that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. The Company may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with the Company in such event.

Miscellaneous

Copyrights

Contents © 2009, Steward House. All Rights Reserved.

All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of the Company and protected by U.S. and international copyright laws.

The Offerings are also copyrighted works of the Company. Use of the Offerings may be governed by the terms of an end-user license agreement or terms of use agreement (or another type of agreement) that may accompany or be included with the Offerings.

Any rights not expressly granted herein are reserved by the Company.

Trademarks

STEWARDHOUSE.COM and other Company graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company or its affiliates in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.

Time Limitation on Claims and Causes of Action

You agree that regardless of any statute or law to the contrary, any claim, or cause of action arising out of or related to this Agreement or your use of the Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

Severability

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Governing Law; Venue

YOUR USE OF THE OFFERINGS AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KITSAP COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OFFERINGS OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Relation to Other Agreements; Changes to the Agreement

The Company may operate, individually or jointly, with third parties, other Web sites, products, or services that incorporate the Offerings or Materials. Also, the Company may provide its Offerings on Web sites operated and owned by third parties. These other Web sites, products, or services may operate under a different user agreement than the Offerings (the terms and conditions of other such user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review applicable policies and agreements when you visit any Web site or use any product or service, including this Web site.

In the event that an Offering is governed by its own terms of service and user agreement, that terms of service and user agreement shall supersede this Agreement to the extent that they are inconsistent.

The Company reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the Offerings. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Offerings. Your use of the Offerings following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Offerings to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Offerings or Materials.

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