Terms of UseThis agreement ("Agreement") that you are entering into with Metropolitan School District of Washington Township ("District") is a legal document that details your rights and obligations. By visiting this website you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our website. This website and related services are offered to you conditioned upon your acceptance without modification of these Terms of Service. From time to time, it may be necessary for us to update or revise certain provisions of the terms of this Agreement. By using this website or accepting the Agreement, you agree that we may change the terms of this Agreement in our sole discretion without specific notice to you. If you don't agree to the changes proposed by us, or to any terms in this Agreement, your only remedy is to discontinue your use of the services offered under this Agreement. This Agreement will be enforced by the District. District is referred to in this Agreement as "we", "us" or "our". In this Agreement, "you" or "your" means any person or entity using the Service. 1. Description of ServiceWe operate this website and associated web pages, which, for purposes of these terms of this Agreement, will be referred to as the "District F&R App Entry Website". We offer you access to the District F&R App Entry Website, which enables you to enter free and reduced application information electronically without the need for paper forms (the "Service"). Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement. 2. License Grant District provides you with a non-exclusive, non-transferable, limited license to use District's and/or its supplier's software, which you agree to use in accordance with this Agreement. You may not sub-license, or charge others to use or access, the software without first obtaining written permission from District. All software is owned by District and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. District and/or its supplier's software, its structure, sequence and organization and source code are considered trade secrets of District and/or its suppliers and are protected by trade secret laws. You may not develop a competitive product that incorporates any features, functions or graphics of District's and/or its supplier's software. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. 3. District F&R App Entry Website RestrictionsYou promise that you will not use the District F&R App Entry Website or the Service in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the District F&R App Entry Website . This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the District F&R App Entry Website or interfere with any other party's use and enjoyment of the District F&R App Entry Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the District F&R App Entry Website. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the District F&R App Entry Website. Unauthorized individuals attempting to access prohibited areas of the District F&R App Entry Website may be subject to prosecution. 4. Information Use of the Service is granted to legally authorized parents, guardians, account holders, and their designees, all to the extent at least 18 years old and a resident of the United States ("Authorized Users"). You must give us the requested information that is current, true, accurate and complete. You are not permitted to use this Service on behalf of another party or use an unauthorized name. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from us for any purpose. If we find or determine that any of the information you provide is outdated, false, inaccurate, or incomplete, we may terminate your use of the Service immediately and for all future use. This action on our part does not limit other remedies at law or in equity we may pursue to recover costs, losses, or other expenses we incur as a result of the information or lack of information you provide. If you use the Service, you are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. 5. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: NO PARTY TO THIS AGREEMENT SHALL BE LIABLE TO ANY OTHER PARTY TO THIS AGREEMENT OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DISTRICT'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. DISTRICT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO INDEPENDENT CONTRACTOR AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISTRICT OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISTRICT'S OBLIGATIONS. 6. Indemnification You agree to indemnify, defend, and hold harmless District, their respective employees, members, directors, managers, officers, agents or suppliers from and against any loss, liability, damage, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any failure by you to comply with the terms of this Agreement; (ii) any warranty or representation made by you being false or misleading; (iii) any representation or warranty made by you to any third person other than as specifically authorized by this Agreement, (iv) negligence of you, or (v) any alleged or actual violations by you of any governmental laws, regulations or rules. 7. Copyright and Trademark Notices All materials on the District F&R App Entry Website (as well as the organization and layout of the District F&R App Entry Website) are owned and copyrighted or licensed by District or its suppliers, as applicable. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the District F&R App Entry Website is permitted without the written permission of District. Any rights not expressly granted herein are reserved. Without District's prior permission, you agree not to display or use in any manner, any of District's trademarks, whether registered or not. 8. Modification We reserve the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that District shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 9. General Terms If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. You may not assign this Agreement without the written consent of District. District may assign this Agreement in its sole discretion without the written consent of you. The section headings contained in this Agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement.
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