Terms & Conditions of Use
Your use of the Web site constitutes acceptance of the following terms and conditions. The Lumina Foundation reserves the right at its sole discretion, to modify and update these terms and conditions from time to time. Therefore, you should check these terms periodically for changes. If you do not agree with these terms and conditions, you should not review information or download files from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (the "Agreement") with respect to the Lumina Foundation Web site (the "Site"). This Agreement constitutes the entire and only agreement between the Lumina Foundation and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by the Lumina Foundation at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Proprietary Rights. The content, organization, text, "look and feel," layout, graphics, images, logos, icons, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights and are owned by the Lumina Foundation. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use. Subject to the terms and conditions herein, you are granted a limited, nonexclusive license to view, print, use, download, reproduce, publicly display or reprint, solely for your personal or other noncommercial purposes, the materials listed in Section 2 provided that the following attribution appears on all copies: "© 2001, Lumina Foundation for Education. All rights reserved.". Permission to reproduce materials for commercial application (e.g. book publishing) must be obtained in writing. The publications, text, images, logos, trademarks, service marks and other content contained in the Site may not be modified in any way.
4. Editing, Deleting and Modification. The Lumina Foundation reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
5. Links to Other Web Sites. The Lumina Foundation may provide on the Site links to Web sites maintained by other organizations for informational purposes only. The Lumina Foundation is not responsible for the content, accuracy or opinions expressed in any Web site to which a link is provided, and such Web sites are not investigated, monitored or checked for accuracy or completeness by the Lumina Foundation. By providing a link to another organization’s Web site, the Lumina Foundation does not imply or intend any approval or endorsement of the other organization or the information, opinions or other content of its Web site. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
6. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to the Lumina Foundation (collectively, "Submissions") shall be deemed and shall remain the Lumina Foundation’s sole property and shall not be subject to any obligation of confidence on the part of the Lumina Foundation. Without limiting the foregoing, the Lumina Foundation shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
7. Indemnification. You agree to indemnify, defend and hold the Lumina Foundation and the providers of information on the Site, the Lumina Foundation’s partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Site.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE DOWNLOADED FROM THE SITE IS DISCLAIMED. THE LUMINA FOUNDATION AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS A LIMITATION, THE LUMINA FOUNDATION AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY LOSS OR INJURY CAUSED IN PROCURING, COMPILING OR DELIVERING THE INFORMATION, FROM ANY ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION, OR FROM YOUR INABILITY TO USE THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE LUMINA FOUNDATION. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LUMINA FOUNDATION THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY INFORMATION OR FILES OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURTS SITUATED IN MARION COUNTY, INDIANA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION AND VENUE IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MARION COUNTY, INDIANA, IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by the Lumina Foundation for Education in the State of Indiana, USA. As such, the laws of Indiana, excluding its choice of law provisions, will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
