Terms and Conditions
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Terms and Conditions of Use
This Web site ("Web Site") is provided by Education Specialty Publishing, LLC, for use by its customers, potential customers, and employees. This agreement ("Agreement") states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. BY ACCESSING THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not accept the Terms and Conditions stated here, do not use this Web Site. Education Specialty Publishing, LLC may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you. If you violate any of these Terms, your permission to use the Materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the Materials.
Use of Materials
Education Specialty Publishing authorizes you to view, copy, and reproduce for your own noncommercial use any of the Materials on this Web Site provided that you agree to and abide by the terms and conditions contained here and in any separate agreement you enter into with Education Specialty Publishing.
The contents of this Web Site, such as text, graphics, images, trademarks, and other content ("Materials"), are protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Materials may violate applicable laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other Web site or in a networked computer environment for any purpose is prohibited. Except as specifically stated here, nothing on this Web Site shall be construed as granting any license under any of Education Specialty Publishing, LLC's intellectual property rights, whether by estoppel, implication, or otherwise. Education Specialty Publishing, LLC prohibits the use of any Education Specialty Publishing, LLC trademark, or any related graphic, as a "hot" link to any Web site unless approved by State of Louisiana. All rights not specifically granted herein are hereby reserved by Education Specialty Publishing, LLC.
Education Specialty Publishing Liability
The Materials may contain inaccuracies or typographical errors. Education Specialty Publishing makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this Web Site or the Materials. The use of the Web Site and the Materials is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
EDUCATION SPECIALTY PUBLISHING DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EDUCATION SPECIALTY PUBLISHING IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EDUCATION SPECIALTY PUBLISHING AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. EDUCATION SPECIALTY PUBLISHING AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, GRAPHICS, AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF EDUCATION SPECIALTY PUBLISHING IS LIMITED, IN EDUCATION SPECIALTY PUBLISHING'S SOLE DISCRETION, TO EITHER (i) REPAIR OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED MATERIALS OR PART THEREOF.
Disclaimer of Consequential Damages
IN NO EVENT SHALL EDUCATION SPECIALTY PUBLISHING, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EDUCATION SPECIALTY PUBLISHING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites; Third-Party Content, Products, and Services
The Web Site may contain links to third-party Web sites or information about the products or services of a third party. These links and information are provided solely as a convenience to you and not as an endorsement or sponsorship by Education Specialty Publishing of the contents on such third-party Web sites or the products or services of such third parties. Education Specialty Publishing is not responsible for the content of linked third-party Web sites or the products or services of such third party and does not make any representations regarding the content or accuracy of materials on such third-party Web sites or the products or services of such third party. If you decide to access linked third-party Web sites or use products or services of any third party, you do so at your own risk. Some links may expire or move over time, and access to the sources of some links may require registration and/or fee-based subscriptions.
You agree to defend, indemnify, and hold harmless Education Specialty Publishing, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Materials or your breach of the terms of this Agreement. Education Specialty Publishing shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Education Specialty Publishing may use the information it obtains relating to you, including your IP address, name, mailing address, e-mail address, and use of the Web Site, for its internal business and marketing purposes, subject to the terms and conditions of its Privacy Statement.
This Web Site was created, and is maintained, in St. Rose, Louisiana. Education Specialty Publishing makes no claims that the Materials are appropriate for access or use outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Louisiana, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the State of Louisiana and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and the State of Louisiana with respect to the use of the Web Site and the Materials.