Terms & Conditions
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TERMS OF SERVICE AND USE ("Terms")
Ayusa International ("Ayusa," "we," or "us") provides the "Meet Our Students" site at URL: http://www.ayusa.org/meet_our_students (together, the "Service" or "Services"). Please read the Terms carefully. You understand and agree that the Services and information available therein are provided to you exclusively under these Terms. By using the Services, you are stating that you have read and understand the Terms and that you agree to be bound by them. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You agree not to use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You agree not to access, use, reproduce, duplicate, copy, sell, resell or exploit any part of the Services for any commercial purpose. You further agree that without Ayusa's prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (c) frame the Services site, place pop-up windows over its pages, or otherwise affect the display of its pages. You further agree that all information that you provide to us will be true, accurate and current.
2. MODIFICATIONS TO SERVICES
We reserve the right, in our sole discretion, to modify or discontinue the Services with or without notice to you. You agree that Ayusa shall not be liable to you or any third party for any claim of any nature that may arise based on or in connection with the exercise of our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your consent to such changes and satisfaction with the Services as modified.
Our provision of a link to any other site or location is solely for your convenience and does not signify our endorsement of such other site or location or its contents. We do not control, do not review, and cannot be responsible for, these outside Web sites or their contents. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree that we, in our sole discretion, may terminate your use of the Services for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
5. DISCLAIMER OF WARRANTIES,
You expressly agree that the use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Ayusa expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and noninfringement with respect to the Services. Ayusa makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Ayusa make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of the information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. Ayusa makes no warranty regarding any dealings with or transactions entered into with other persons or parties through use of the Services. The entire risk as to satisfactory quality, performance, accuracy, effort and results obtained through the use of the site or Services is with you. No advice or information, whether oral or written, obtained from Ayusa or through the Services shall create any warranty not expressly made herein.,
6. LIMITATION OF LIABILITY,
You understand and agree that, to the extent permitted under applicable law, in no event will Ayusa, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, assigns or licensors be liable for any direct, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses, arising out of or related to your use of the site or the Services. You further understand and agree to the foregoing limitation of liability regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise; regardless of whether Ayusa or the foregoing persons or parties were advised of, knew of or should have known of the possibility of such damages; and notwithstanding the failure of essential purpose of any limited remedy. If you are dissatisfied with any portion of this site, your sole and exclusive remedy is to discontinue use of the site and the Services.
7. EXCLUSIONS AND LIMITATIONS
Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit or exclude Ayusa’s liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Ayusa, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, assigns or licensors from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that they may incur as a result of or arising from (1) any information submitted, posted or transmitted through the Services by you (or anyone accessing the Services by using your password or account), (2) use of the Services by you (or anyone accessing the Services by using your password or account), (3) violation of these Terms by you (or anyone accessing the Services by using your password or account), (4) violation of any rights of any other person or entity by you (or anyone accessing the Services by using your password or account) or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines or devices input into the Services by you (or anyone accessing the Services by using your password or account).
Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You understand and agree that you are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
10. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services ("Our Content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is (1) copyrighted by Ayusa and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Ayusa or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You understand and agree that you must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
The Terms constitute the entire, exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and Ayusa shall be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Services must be instituted exclusively in the federal or state courts located in San Francisco County, California, and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action alleged to arise out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to firstname.lastname@example.org