Nichols Website Terms of Use

Nichols Website Terms of Use

General

These Terms and Conditions of Use (the “Terms”) govern your access and use of the website accessed through the domain nicholsschool.org, the applications, content and services provided there and all related subdomains, (collectively the “Website"). By accessing the Website you are agreeing that you are accepting all of these Terms, including all terms of the Nichols Privacy Policy (https://www.nicholsschool.org/privacy-policy/). If you do not agree or accept these Terms, you must immediately leave the Website without further accessing it.

The Website is owned and operated by Nichols School (“Nichols”). These Terms are subject to change by Nichols, without notice. Nichols may change or make improvements to the Website, including in any products, services, features, and programs that may be offered, without notice to you. Nichols also reserves the right to suspend or terminate the Website, at any time, without notice or liability to you or any third parties.

These Terms are not intended and are not to be construed to amend, modify, or supersede any other terms agreed to and accepted by you in connection with any other services offered by Nichols.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by Nichols. This Website is 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 this Website without the express written permission of Nichols.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to Nichols that you will not use this Website for any purpose that is unlawful or prohibited by these Terms. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Harassment in any manner or form on this Website or through this Website is strictly forbidden. Impersonation of others on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the intellectual property or other rights of any third party or which may otherwise give rise to liability or violate any law.

Copyright

The entire content included in this Website, including but not limited to text, graphics logos, icons, images, audio or software is copyrighted under the United States and/or international copyright laws, and is the property of Nichols, its content suppliers or Nichols’ use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this Website is the exclusive property of Nichols. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of engaging with any of the services offered by Nichols. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this Website is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this Website or to modify such materials in any way.

Trademarks

All trademarks, service marks and trade names used herein are proprietary to Nichols and/or are licensed to Nichols. Such trademarks, service marks and trade names are protected by common law and/or federal or international trademark law and may not be used in violation of the Nichols’ or any of its licensors' rights.

Disclaimers

NICHOLS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE OR INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS. NICHOLS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER WHICH MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE AND ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NICHOLS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEBSITE AND SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ACCORDANCE WITH APPLICABLE LAWS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL NICHOLS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NICHOLS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

User Submissions

Generally, any communication which you post to the Website’s social media sections (including but not limited to the Nichols blog, forum, and/or alumni class notes) is considered to be non-confidential. By posting communications to the social media sections of the Website, you automatically grant Nichols a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Nichols does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users of this Website or endorse any opinions expressed by such users. You acknowledge that any reliance on material posted by other users of this Website will be at your own risk.

Nichols does not screen communications in advance and is not responsible for screening or monitoring material posted by other users of this Website. If notified by a user of communications which allegedly do not conform to these Terms, Nichols may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Nichols has no liability or responsibility to users of this Website for performance or nonperformance of such activities. Nichols reserves the right to remove communications which, in its sole discretion, are abusive, illegal, or disruptive.

Access Restriction

Nichols reserves the right, in its sole discretion, to terminate or refuse your access to this Website and the related services or any portion thereof, or to terminate your accounts, without notice, if Nichols believes that your conduct violates the Terms contained herein or applicable law or is harmful to the interests of Nichols. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability, and indemnification shall survive termination.

Miscellaneous

Your use of this Website shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Erie County, New York (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises. Nichols’ failure to insist upon or enforce strict performance of any provisions of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Nichols may assign its rights and duties under these Terms to any party at any time without notice to you.

If any part of these Terms 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 superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless otherwise specified herein, the Terms specified herein constitute the entire agreement between you and Nichols with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nichols. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright © 2018 Nichols School. All Rights Reserved.

If you have any questions, you can email us at support@nicholsschool.org or call 716-332-5170.