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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on July 10, 2008.
This Terms of Use Agreement sets forth the standards of use of the SMc Curriculum
LLC. By using the oregonfocus.com website you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective immediately upon being
posted at www.oregonfocus.com. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties.
The site is provided by SMc Curriculum LLC on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, SMc Curriculum LLC makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy, reliability,
or otherwise. SMc Curriculum LLC shall have no liability for any interruptions in
the use of this Website. SMc Curriculum LLC disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
2. Limitation of Liability
SMC CURRICULUM LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
SMC CURRICULUM LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF SMC CURRICULUM LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Member agrees to indemnify and hold SMc Curriculum LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
4. Modifications and Interruption to Service
SMc Curriculum LLC reserves the right to modify or discontinue the Service with
or without notice to the Member. SMc Curriculum LLC shall not be liable to Member
or any third party should SMc Curriculum LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that SMc Curriculum LLC does not guarantee
continuous, uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by other third parties. You acknowledge that we are not responsible for
the availability of, or the content located on or through, any third-party site.
You should contact the site administrator or webmaster for those third-party sites
if you have any concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and privacy policies
of each site, and we are not responsible therein. We encourage all Members to review
said privacy policies of third-parties’ sites.
6. Governing Jurisdiction of the Courts of Oregon
Our website is operated and provided in the State of Oregon. As such, we are subject
to the laws of the State of Oregon, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no representation that
our website or other services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you agree to do so subject
to the internal laws of the State.
7. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2008 SMc Curriculum LLC,
with all rights reserved, or is the property of SMc Curriculum LLC and/or third
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of SMc Curriculum LLC is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written permission
of an authorized officer of SMc Curriculum LLC.
SMc Curriculum LLC™ and oregonfocus.com™ are proprietary marks of SMc Curriculum
LLC. SMc Curriculum LLC’s trademarks may not be used in connection with any product
or service that is not provided by SMc Curriculum LLC, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
SMc Curriculum LLC.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, SMc Curriculum LLC designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
SMc Curriculum LLC
Trademark Agent
769 West Chestnut Street
Washougal, WA 98671
By Telephone: 503-550-4298
By Email: mccaws@smccurriculum.com
10. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by SMc Curriculum LLC, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member.
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