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Terms
of Use Agreement
Read These Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on
11/30/2009
This Terms of Use Agreement sets forth the standards of use of
the MYSMDA.org Online Service. By using the www.MYSMDA.org
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.MYSMDA.org website. 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.
Description of Service
MYSMDA.org is providing Member with disseminated information
posted by CSUS students. Member must provide (1) all equipment
necessary for their own Internet connection, including computer
and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
Disclaimer of Warranties.
The site is provided by MYSMDA.org on an “as is” and on an
“as available” basis. To the fullest extent permitted by
applicable law, MYSMDA.org 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. MYSMDA.org shall have no
liability for any interruptions in the use of this Website.
MYSMDA.org disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement.
Limitation of Liability
MYSMDA.org SHALL NOT be liable for any damages whatsoever, and
in particular MYSMDA.org 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 MYSMDA.org 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.
Indemnification
Member agrees to indemnify and hold MYSMDA.org, 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.
Modifications and Interruption to Service
MYSMDA.org reserves the right to modify or discontinue the
Service with or without notice to the Member. MYSMDA.org shall
not be liable to Member or any third party should MYSMDA.org
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that MYSMDA.org 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.
Third-Party Sites, Images, Advertisements and More
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and 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.
Disclaimer Regarding Accuracy of Vendor Information including
postings made by Students
Product specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. While MYSMDA.org makes every effort to ensure that the
information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability
of any information provided on this website.
MYSMDA.org makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor,
and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California.
As such, we are subject to the laws of the State California, 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 California.
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 personal or a
criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international
law or regulation.
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 MYSMDA.org, with all rights
reserved, or is the property of MYSMDA.org 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 MYSMDA.org 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 MYSMDA.org.
MYSMDA.org™ and MYSMDA.org are proprietary marks of
MYSMDA.org. MYSMDA.org’s trademarks may not be used in
connection with any product or service that is not provided by
MYSMDA.org, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
MYSMDA.org.
All other trademarks displayed on MYSMDA.org’s website are the
trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition,
such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those
Vendors endorse or have any affiliation with MYSMDA.org.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, MYSMDA.org
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement. |
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