The Southeast Polk Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the SEP websites constitutes your agreement to all such terms, conditions and notices. Your use of a particular SEP website included within the SEP websites may also be subject to additional terms outlined elsewhere in this agreement.
In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SEP website, then these terms shall control.
MODIFICATION OF THESE TERMS OF USE
The Southeast Polk Community School District reserves the right to change the terms, conditions and notices under which the SEP Sites/Services are offered, including but not limited to the charges associated with the use of the SEP Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SEP Sites/Services constitutes your agreement to all such terms, conditions and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the SEP Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the SEP Sites/Services without written consent. Email Nicole Lawrence for permission.
LINKS TO THIRD PARTY SITES
The SEP Sites/Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Southeast Polk and Southeast Polk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Southeast Polk is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Southeast Polk responsible if the Linked Site is not working appropriately. Southeast Polk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Southeast Polk of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
However, if the linked site contains inappropriate materials, let us know by email to Nicole Lawrence, and the linked site will be removed from the Southeast Polk Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Southeast Polk Sites/Services, you will not use the Southeast Polk Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Southeast Polk Sites/Services in any manner which could damage, disable, overburden, or impair any Southeast Polk Site/Service(s) (or the network(s) connected to any Southeast Polk Site/Service(s)) or interfere with any other party's use and enjoyment of any Southeast Polk Site/Service(s). You may not attempt to gain unauthorized access to any Southeast Polk Site/Service, other accounts, computer systems or networks connected to any Southeast Polk Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Southeast Polk Sites/Services.
LIABILITY DISCLAIMER
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SEP SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SEP SITES/SERVICES AND TO THE INFORMATION THEREIN. SOUTHEAST POLK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SEP SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SEP SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SOUTHEAST POLK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SEP SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SOUTHEAST POLK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SOUTHEAST POLK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SEP SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SOUTHEAST POLK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SOUTHEAST POLK IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MSN SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL SOUTHEAST POLK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SEP SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SEP SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SEP SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SEP SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUTHEAST POLK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOUTHEAST POLK SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SEP SITES/SERVICES.
SERVICE CONTACT
Nicole Lawrence
TERMINATION/ACCESS RESTRICTION
Southeast Polk reserves the right, in its sole discretion, to terminate your access to any or all SEP Sites/Services and the related services or any portion thereof at any time, without notice.
Southeast Polk may also terminate or suspend your access to SEP Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Southeast Polk. The amount of time that Southeast Polk currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the SEP Site/Service, your right to use the SEP Site/Service immediately ceases.
Southeast Polk shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
GENERAL
This agreement is governed by the laws of the State of Iowa, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or relating to the use of the SEP Sites/Services. Use of the SEP Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Southeast Polk as a result of this agreement or use of the SEP Sites/Services. You agree to indemnify and hold Southeast Polk, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the SEP Sites/Services. Southeast Polk reserves the right to disclose any personal information about you or your use of the SEP Sites/Services, including its contents, without your prior permission if Southeast Polk has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Southeast Polk or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Southeast Polk's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Southeast Polk's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SEP Sites/Services or information provided to or gathered by Southeast Polk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed supers eded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Southeast Polk with respect to the SEP Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Southeast Polk with respect to the SEP Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.