Falcon Middle School PTSA - Terms of Use


	Home Page Your PTSA Participate News Calendar Forms and Flyers Resources Reflections


	Resources For Students. Learn More... For Parents. Learn More... Events Calendar. See it...


	Terms of Use The Terms of Use for FalconPTSA.org is provided below. In general, this Web site is open to the public and serves primarily as a venue for Falcon Middle School PTSA information, resources and interaction between the PTSA Board of Directors and FMS PTSA Members and Non-Members. Everyone is welcome and everyone is asked to respect each other's opinions, views and suggestions. This page states the "Terms of Use" under which you may use FalconPTSA.org, a Web site specifically created as a communications tool for parents, teachers ands students of Falcon Middle School PTSA located in School District 49, Falcon, Colorado. The general public may also wish to view this Web site for informational purposes. “FalconPTSA.org" or "Web Site" may also provide a venue for Web Site users and visitors to share information based on common experiences and interests like membership, interest and volunteering in Falcon Middle School PTSA activities and events. Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services it offers. By using FalconPTSA.org, You are indicating your acceptance and bound by the provisions of these Terms of Use. Falcon Middle School PTSA may revise these Terms of Use at any time by updating the Terms of Use. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. 1. Eligibility. By visiting FalconPTSA.org and accepting these Terms of Use, You represent and warrant to the Falcon Middle School PTSA that You are using the Web site with full permission if You are under the age of 18 years old, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Falcon Middle School PTSA that You will use FalconPTSA.org in a manner consistent with all applicable laws and regulations. 2. Use of FalconPTSA.org Content Falcon Middle School PTSA authorizes You to view and access copies of the content available on or from FalconPTSA.org solely for your personal use. The contents of FalconPTSA.org, and of all other web sites under Falcon Middle School PTSA’s control, whether partial or otherwise (FalconPTSA.org and such other web sites are sometimes collectively referred to as "Sites") such as text, graphics, images, logos, button icons, software and other Falcon Middle School PTSA (collectively, "Content"), are protected under both United States and foreign copyright, intellectual property, trademark and other laws. All Falcon Middle School PTSA Content is the property of the Falcon Middle School PTSA. The compilation (meaning the collection, arrangement and assembly) of all content on the Falcon Middle School PTSA Web site(s) are the exclusive property of Falcon Middle School PTSA and protected by U.S. and international copyright laws. Unauthorized use of Falcon Middle School PTSA Content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original Falcon Middle School PTSA Content on any copy You make of the Falcon Middle School PTSA Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited without exclusive permission of Falcon Middle School PTSA. You shall not copy or adapt the HTML or other code that Falcon Middle School PTSA creates to generate any Content or the pages making up any Falcon Middle School PTSA that is protected by the Falcon Middle School PTSA copyright. FalconPTSA.org 3. FalconPTSA.org Site Restrictions. Users may not use any Falcon Middle School PTSA Site in order to transmit, distribute, store or destroy material, including without limitation Falcon Middle School PTSA Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any Falcon Middle School PTSA Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Falcon Middle School PTSA Site, overloading, flooding, spamming, e-mail attacking or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or visitor room/forum posting. Violations of system or network security may result in civil or criminal liability. The Falcon Middle School PTSA will report and investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 4. Definitive Prohibited Uses. All features of FalconPTSA.org may be used only for lawful purposes by individuals accessing FalconPTSA.org. Visitor forums, Blogs, Message Boards, Calendars and related interactive features may be used only for lawful purposes by individuals to network for FMS PTSA member, personal or volunteer purposes with other like individuals. Falcon Middle School PTSA specifically prohibits any other use of FalconPTSA.org, and all Users agree not to do any of the following: (1) post any obscene comments, remarks or material; (2) Post commercial jobs or content on any Falcon Middle School PTSA Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the volunteer activities of FMS PTSA or are otherwise misleading; (3) create links for the purposes of commercial solicitation; (4) use any Falcon Middle School PTSA Site for any purpose other than as an authorized user as specified in Paragraph 1. “Eligibility” of this Terms of Use, including but not limited to using the information in the forums to sell or promote any products or services; (5) use Falcon Middle School PTSA forums for commercial recruitment (6) post or submit to any Falcon Middle School PTSA Site any incomplete, false or inaccurate biographical information or information which is not your own; (7) post on any Falcon Middle School PTSA Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement. (8) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Falcon Middle School PTSA Site; (9) delete or revise any material posted by any other person or entity; (10) take any action that imposes an unreasonable or disproportionately large load on any Falcon Middle School PTSA Site's server(s); (11) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, virtual dimensional images or intelligent agents) to navigate or search any Falcon Middle School PTSA Site other than the search engine and search agents available from Falcon Middle School PTSA on such Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Firefox, Microsoft Explorer); (12) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Falcon Middle School PTSA Site; (13) aggregate, copy or duplicate in any manner any of the Falcon Middle School PTSA Content or information available from any Falcon Middle School PTSA Site or link to any of Falcon Middle School PTSA Content or information available from any Falcon Middle School PTSA Site without the exclusive authorization of the FalconPTSA.org Webmaster. 5. FalconPTSA.org Registration and Password. You are responsible for maintaining the confidentiality of your login and password. You shall be responsible for all uses of your Web site registrations, whether or not authorized by You. You agree to immediately notify the Falcon Middle School PTSA of any unauthorized use of your account passwords. You also agree to allow Falcon Middle School PTSA officers to access your comments, postings, files and similar items for editing in the event it is necessary to do so. 6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement. If You believe copyrighted work has been uploaded, posted or copied to any Falcon Middle School PTSA Web Site and is accessible on such Site in a way that constitutes copyright infringement, please notify Falcon Middle School PTSA by providing us with the following information: 1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; 2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing; 3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; 4. Your name, address, telephone number and, if You have one, your e-mail address; 5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and 6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner. 7. Falcon Middle School PTSA Liability. FalconPTSA.org is a venue for the general public interested in Falcon Middle School PTSA As a result, Falcon Middle School PTSA has no control over the quality, safety or legality of third-party postings and makes no representations about any guarantees, or User Content on FalconPTSA.org. Any Falcon Middle School PTSA forum (Blog, guest book, etc.) provides a venue for individuals to network for personal purposes and Falcon Middle School PTSA does not screen or censor the Falcon Middle School PTSA Forum except in extreme circumstances deemed necessary. Falcon Middle School PTSA is not always involved in the actual communications between FalconPTSA.org Forum Users. As a result, Falcon Middle School PTSA has no control over the accuracy, reliability, completeness, or timeliness of the Falcon Middle School PTSA Forum Profiles or User Content submitted on FalconPTSA.org and makes no representations about any Falcon Middle School PTSA Forum Profile or User Content on FalconPTSA.org. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through FalconPTSA.org and/or the other Falcon Middle School PTSA Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using FalconPTSA.org and/or all other Internet Sites. Because user authentication on the Internet is difficult, Falcon Middle School PTSA cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of Forum participants on any Falcon Middle School PTSA Site, in the event that You have a dispute with one or more Users, You release Falcon Middle School PTSA (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Falcon Middle School PTSA Site(s) and the Falcon Middle School PTSA Content may contain inaccuracies or typographical errors. Falcon Middle School PTSA makes no representations about the accuracy, reliability, completeness, or timeliness of any Falcon Middle School PTSA Site or the Content. The use of Falcon Middle School PTSA Site(s) and the Content is at your own risk. Changes are made periodically to Falcon Middle School PTSA Site(s) and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any information or material placed by You on Falcon Middle School PTSA Site(s). SCC cannot guarantee and does not promise any specific results from use of FalconPTSA.org or any Falcon Middle School PTSA Site. No advice or information, whether oral or written, obtained by a User from Falcon Middle School PTSA or through or from FalconPTSA.org or any other Falcon Middle School PTSA Site shall create any warranty not expressly stated herein. 8. Disclaimer of Warranty. FALCON MIDDLE SCHOOL PTSA “FMS PTSA” DOES NOT WARRANT THAT ANY FMS PTSA SITE WILL OPERATE ERROR-FREE OR THAT ANY FMS PTSA SITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF ANY FMS PTSA SITE OR FMS PTSA CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FMS PTSA IS NOT RESPONSIBLE FOR THOSE COSTS. THE FMS PTSA SITES AND FMS PTSA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE FMS PTSA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. FMS PTSA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF FMS PTSA SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. 9. Disclaimer of Consequential Damages. IN NO EVENT SHALL FMS PTSA OR ANY THIRD PARTIES MENTIONED ON ANY FMS PTSA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY FMS PTSA SITE AND FMS PTSA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMS PTSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Limitation of Liability. FMS PTSA’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FMS PTSA SITE OR YOUR USE OF FMS PTSA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE MINIMUM AMOUNT ALLOWED BY COLORADO STATE LAW. ALL ANY CLAIMS MUST BE PRESENTED TO FMS PTSA FOR RESOLUTION AND WILL BE SETTLED IN THE COUNTY OF EL PASO, COLORADO, AND CITY OF COLORADO SPRINGS, COLORADO. 11. Links to Other Sites. FalconPTSA.org and certain other FMS PTSA Sites contain links to third party web sites. Links are provided as a convenience to You and not as an endorsement by the Falcon Middle School PTSA of the contents on such third-party Web sites. Falcon Middle School PTSA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk. 12. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Falcon Middle School PTSA Site. 13. Indemnity. You agree to defend, indemnify, and hold harmless the Falcon Middle School PTSA and their respective officers, members, volunteers and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Falcon Middle School PTSA Site, your use of any Falcon Middle School PTSA Content, or your breach of the terms of these Terms of Use. Falcon Middle School PTSA shall provide notice to You promptly of any such claim, suit, or proceeding. 14. General. Falcon Middle School PTSA makes no claims that the Falcon Middle School PTSA Content may be lawfully viewed or accessed outside of the United States. Access to the Falcon Middle School PTSA Content may not be legal by certain persons or in certain countries. If You access a FalconPTSA.org or other U.S.-based Web sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within El Paso County, the city of Colorado Springs, Colorado. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of FalconPTSA.org, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and Falcon Middle School PTSA with respect to the use of FalconPTSA.org. No changes to these Terms of Use shall be made except by a revised posting on this page. 15. Additional Terms of Use. Certain areas of FalconPTSA.org and the other Falcon Middle School PTSA Sites may be subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas. 16. Term and Termination These Terms of Use will remain in full force and effect while You are a User of FalconPTSA.org at any level. Falcon Middle School PTSA reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from FalconPTSA.org and the other Falcon Middle School PTSA Sites and immediate termination of your ability to access FalconPTSA.org and the other Falcon Middle School PTSA Sites and/or any other services provided to You by the Falcon Middle School PTSA, upon any breach by You of these Terms of Use or if the Falcon Middle School PTSA is unable to verify or authenticate any information You submit to FalconPTSA.org. Even after You are no longer a User of FalconPTSA.org, certain provisions of this Terms of Use will remain in effect.