|
The following Terms of Use contain the complete
terms and conditions that apply to an individual's or entity's
use of The Ritop School for Mobile Electronics site. As
used in this Agreement, "We," "Us" or
"Our" refers to The Ritop School for Mobile
Electronics, and
"You" or "Your" refers to the user.
"Site" means any The Ritop School for Mobile
Electronics site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and
conditions and Your waiver of any and all claims against The
Ritop School for Mobile Electronics, its parents, subsidiaries,
affiliates, contractors, agents, officers, directors or
employees arising out of Your use of Our Site or any materials,
information, opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of
Use, at any time and in Our sole discretion, by posting a change
notice or a new user agreement on Our Site. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR
USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES
BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content Included on Our Site, such as text, graphics, logos,
button icons, images, audio clips and software, is Our property
or that of Our content suppliers and is protected by U.S. and
international copyright laws. The compilation (meaning the
collection, arrangement and assembly) of all content on Our Site
is Our property protected by U.S. and international copyright
laws. All software used on Our Site is Our property or that of
Our software suppliers and is protected by U.S. and
international copyright laws. You may electronically copy and
print in hard copy portions of Our Site for the limited purpose
of placing an order with Us or using it as a shopping resource.
Any other use-Including reproduction for purposes other than
those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site
without Our prior written permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with
the above restrictions, may result in severe civil and criminal
penalties. Unauthorized duplication of the software constitutes
copyright infringement and, in the United States, is punishable
in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal
civil penalties allow the recovery of actual damages based on
the number of copies produced plus the profits of the infringer,
or statutory damages of up to U.S.$100,000 for willful copyright
infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES
WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION,
CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE
OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR
SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product
suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite
this policy you submit any such Materials, We will deem it Our
property. We will not treat the Materials as confidential, and
We will not be liable for any use or disclosure of such
Materials. Without limitation, We will own the exclusive rights
to the Materials and will be entitled to unrestricted use of the
Materials for any purpose, commercial or otherwise, without
compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL
NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR
SITE.
7. INDEMNIFICATION
You will defend and hold harmless The Ritop School for
Mobile Electronics, its parents, subsidiaries, affiliates,
contractors, agent, officers, directors and employees against
all claims, losses, damages, liabilities, costs and expenses
(Including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of
this Site, Including, without limitation, any claim arising out
of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict
performance of any provision or right under the terms and
conditions of these Terms of Use, it will not be construed as a
waiver of any provision or right; rather, the same will be and
remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted,
construed and enforced in all respects in accordance with the
laws of the State of Massachusetts to the exclusion of any other
law which may be imputed in accordance with choice of law rules
applicable in any jurisdiction. The 1980 U.N. Convention on
Contracts for the International Sale of Goods or any successor
thereto does not apply to these Terms of Use. For any suit or
claim pertaining to these Terms of Use or any information
furnished hereunder, You irrevocably consent to the jurisdiction
and venue of any state or federal court sitting in Middlesex
County, Massachusetts, USA, and You will not commence an action
or proceeding relating to the subject matter of these Terms of
Use in any other jurisdiction.
8.3 English Language Governs. It is the
express wish of the parties that these Terms of Use be drawn up
in English. C'est la volonté explicite des parties que ces
termes d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership,
joint venture or franchise relationship among the parties or as
imposing any partnership or franchiser obligation or liability
on either party.
8.5 Compliance With Laws. You will comply at Your own expense
with all statutes, regulations, rules, ordinances and orders of
any governmental body, department or agency that apply to or
result from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use will
be unlawful, void or for any reason unenforceable, then that
provision will be deemed severable from and will not affect the
validity and enforceability of any remaining provisions.
OUR ADDRESS:
Ritop School for Mobile Electronics
200 Dexter Ave.
Watertown, MA, 02472
617/923-4043
fax: 617/923-4886 |
Mail: