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GENERAL INFORMATION
The Washburn High School Class of 1959 is to be referred to hereinafter as "WHS59"
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). If you do
not agree to these Terms of Use, please do not use this site or any of the services or
merchandise offered by WHS59. We reserve the
right, at our discretion, to update or revise these Terms of Use. Please check
the Terms of Use periodically for changes. Your continued use of this site
following the posting of any changes to the Terms of Use constitutes acceptance
of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by WHS59's Rules of User Conduct, including but not limited to,
agreeing not to use this site for any unlawful purpose. To view a copy of the
Rules of Conduct, which you should review regularly, Click
Here.
THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not under the
control of WHS59, and you acknowledge that WHS59 is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply endorsement
of the site by WHS59 or any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site and other
materials owned by WHS59 are protected by copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws. Except as expressly authorized by WHS59,
you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you may print
or download one copy of the materials or content on this site on any single
computer for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly, a
collection, compilation, database or directory without written permission from
WHS59 is prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited without
the express written permission of WHS59. Permission is granted only when certain
limited criteria are met.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- grant WHS59 and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by WHS59 will
not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in
a way that constitutes copyright infringement, you may notify WHS59.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. WHS59, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WHS59, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY
OF WHS59'S WEB HOSTING OFFERINGS OF ANY KIND FOR ANY REASON. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WHS59 HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHS59'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by WHS59, you agree to defend, indemnify, and hold harmless WHS59 and
its subsidiaries and other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of this site. WHS59 reserves
the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with WHS59 in asserting any available defenses.
INTERNATIONAL USE
WHS59 makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on their own initiative
and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of North Carolina, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising
out of or relating to these Terms of Use or your use of this site shall be filed
only in the state or federal courts located in the State of North Carolina, and
you further agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action.
OPTIONS AND OFFERINGS
This site offers several Options and Offerings that each may or may-not have unique
Terms of Use. If at any time there is a conflict or perceived conflict between those
Terms of Use and the site Terms of Use, WHS59 has the right at their sole
discretion to determine if the Terms of Use of the Option or Offering will be
honored or deferred to the site Terms of Use. The decision of WHS59 is final.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and WHS59 with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or
electronic) between you and WHS59 with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain
in full force and effect.
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