PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY WEBSITE ON-LINE FORUM AVAILABLE AT JOSHUASCHOOL.ORG (“SITE”). BY USING AND PARTICIPATING IN THIS SITE, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT THE SITE. THE JOSHUA SCHOOL RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ON-LINE AT THIS SITE OR ELSEWHERE ON-LINE. BY CONTINUING TO ACCESS A SITE AFTER NOTICE OF SUCH MODIFICATIONS HAS BEEN PUBLISHED, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.

DISCLAIMER

Site may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Any links to other web sites are not screened, approved, reviewed or endorsed by the The Joshua School (“The Joshua School”).

The text and other material of third parties on this Site are the opinion of the specific author and are not statements of advice, opinion, or information of The Joshua School. If you feel you might be offended by the content of the Site, you should not continue.

RULES FOR ONLINE CONDUCT

You agree to use the Site in accordance with all applicable laws. Because The Joshua School is a nonprofit, tax-exempt organization, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on the Site, or on any other The Joshua School computing resources:

• Content that defames or threatens others
• Statements that are bigoted, hateful or racially offensive
• Content that discusses illegal activities with the intent to commit them
• Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
• Material that contains vulgar or obscene language or images
• Advertising or any form of commercial solicitation

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material. The Joshua School respects the intellectual property rights of others. If you believe your copyright has been violated on a The Joshua School site, please give notice to the Webmaster.

Although The Joshua School does not routinely screen or monitor content posted by users to the Site, The Joshua School reserves the right to remove content that violates the above rules of which it becomes aware, but is under no obligation to do so and is not responsible for any failure or delay in removing or disabling access to such material.

Finally, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site.

PERMISSION TO USE MATERIALS

In consideration for your agreement to the terms and conditions contained here, The Joshua School grants you a personal, non-exclusive, non-transferable license to access and use the Site. User may download material from the Site only for User’s own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User.

LIMITATION OF USE

You may use the Site for legal purposes only. Although The Joshua School does not routinely screen or monitor the content of the Site, The Joshua School has the right to remove material from the Site, block access, or take other action with respect to the Material in its sole discretion, although The Joshua School is under no obligation to do so. You may not use The Joshua School computing resources or Site to disseminate unsolicited advertising or promotional material of any kind.

LINKS TO OTHER SITES

The Joshua School’s Site may include hyperlinks to websites maintained or controlled by others, including but not limited to content offered by faculty, staff, students and parents. The Joshua School is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

CHOICE OF LAW/FORUM SELECTION

Site is hosted by The Joshua School on computing resources located on The Joshua School campus or elsewhere in Denver County, Colorado. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Colorado, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver County, Colorado as the legal forum for any such dispute.

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

THIS SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

The Joshua School does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, or link to a Site. The Joshua School does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk.

YOU AGREE THAT THE JOSHUA SCHOOL WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, THE JOSHUA SCHOOL WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

The Joshua School makes no representation regarding your ability to transmit and receive information from or through the Site and you agree and acknowledge that your ability to access the Site may be impaired. The Joshua School disclaims any and all liability resulting from or related to such events.

TRADEMARKS

The logo and name on the Site of The Joshua School or any of their affiliates are trademarks of The Joshua School or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of The Joshua School or its affiliates is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners.

YOUR ACCOUNT

We are providing access to your account as a service only for use by (i) employees of the The Joshua School and (ii) others whom the The Joshua School has authorized, including parents of students at the The Joshua School. If authorized by The Joshua School, you must create a user name and password to access your account. We want you to know that use of an account is completely voluntary. By using your account, you represent and warrant that you (1) are an employee of the The Joshua School or otherwise are a parent of a student who has been authorized by The Joshua School to access your account and (2) agree to abide by all of the terms and conditions of these Terms.

If you use this Site, or your account on this Site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that registration information you provide on the Sites will be accurate and complete. The Joshua School and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.

We do not share, sell or rent your account information with anyone without your advance permission or unless ordered by a court of law, provided, however, that we may provide such account information, without your advance permission, to (i) a contractor in connection with our provision of services to you or (ii) a party with which we merge or to whom we sell all or substantially all of our assets.

OTHER

The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice.

GENERAL

These Terms constitute the entire agreement between you and The Joshua School and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.