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Terms and Conditions of Use
Please carefully read these terms and conditions before using these
Harcourt Religion Publishers World Wide Web pages (the "Harcourt
Site"). By using the Harcourt Site you indicate your agreement to
these terms and conditions. Please do not use the Harcourt Site if you
do not agree with these terms and conditions.
1. Copyright and Proprietary Rights
The Harcourt Site is the property of Harcourt, Inc. ("Harcourt")
and its licensors and is protected by United States and International
Copyright laws. All copyright, trademark and other proprietary rights
in the Harcourt Site and in the software, text, graphics, design elements,
audio, music and all other materials originated or used by Harcourt on
the Harcourt Site (the "Harcourt Information") are reserved
to Harcourt and its licensors.
You may not reproduce, upload, post, transmit, download or distribute
any part of the Harcourt Information or information on sites accessible
through links on the Harcourt Site ("Other Sites") other than
printing out or downloading portions of the text and images for your own
personal, non-commercial use provided that (i) you keep intact all copyright
and other proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an association
with any of our products, services, or brands, and (iv) you do not download
quantities of materials to a database that can be used to avoid future
downloads from the Harcourt Site and/or Other Sites. You may not modify
the Harcourt Site, Other Sites, or any material residing on such sites.
You shall observe copyright and other restrictions imposed by Other Sites.
You may not use the Harcourt Site or Other Sites in any manner that infringes
the rights of any person or entity.
Domain names and trademarks of Other Sites, or contained in information
accessed at Other Sites, are the sole property of their respective owners.
No affiliation with, endorsement of, or sponsorship by Harcourt should
be inferred.
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2. Responsibility for Content
Harcourt does not screen, edit or review material submitted by users.
Therefore, Harcourt accepts no responsibility or liability for any material
which may reside in or is accessed by the Harcourt Site other than Harcourt
Information. Harcourt has no responsibility with respect to the Other
Sites.
You may not link, upload, post or transmit any illegal, obscene, offensive,
gambling or otherwise inappropriate material to the Harcourt Site. While
Harcourt has no duty to review or edit the materials submitted by users,
any such material may be removed by Harcourt at any time for any reason.
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3. Exclusions Of Warranties
No warranties of any kind are made with respect to the Harcourt Site,
Harcourt Information, or Other Sites. HARCOURT DOES NOT WARRANT THAT THE
HARCOURT SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THE HARCOURT SITE OR THE SERVERS MAKING
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. HARCOURT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE
OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE HARCOURT
SITE, INCLUDING WITHOUT LIMITATION DATA MISAPPROPRIATION, LOSS OR CORRUPTION,
REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
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4. Submissions
All concepts, ideas, comments, manuscripts, illustrations, and all other
materials disclosed or offered to Harcourt on or in connection with this
Site are submitted without any restrictions or expectation of confidentiality.
Harcourt shall not have any financial or other obligation to you when
you submit such information, and you waive the right to assert any proprietary
or moral right of any kind with respect to such submissions. Harcourt
shall have the right to use, publish, reproduce, transmit, download, upload,
post, display or otherwise distribute your submissions in any manner without
notice or compensation to you.
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5. Links to Other Sites
Links to Other Sites may appear from time to time on the Harcourt Site.
These links have been established to offer additional resources on subjects
you find of interest on the Harcourt Site. In some instances, such links
are a result of cooperative projects with organizations that own, operate
or maintain the Other Sites.
Harcourt has no control over content that appears on Other Sites. Such
content is subject to change and/or elimination. Harcourt assumes no responsibility
for content, including factual errors and continuing availability, appearing
on Other Sites.
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6. Links to the Harcourt Site
Teachers, parishes, schools and educators may establish a link or links
to the Harcourt Site, subject to compliance with the following requirements:
- You may not frame or alter the appearance of the Harcourt Site.
- You may neither state nor imply that Harcourt endorses, sponsors or
otherwise approves your site or any Other Sites.
- You must abide by all of the other terms and conditions of use set forth
in this document. For example, you may not reproduce or host Harcourt
Information on your Website.
- You agree not to portray Harcourt or Harcourt Information in any negative
or derogatory manner.
- Your site may not contain any (i) vulgar, obscene, pornographic or indecent
language or images, (ii) material that is untrue, defames, abuses, harasses
or threatens others, (iii) statements that are bigoted, hateful, mean
spirited, ethnically offensive or racially demeaning, (iv) material violating
any person's right of privacy, (v) material involving or encouraging gambling
activities, and (vi) unauthorized copyrighted material.
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7. Destructive Devices
It is your responsibility to take precautions to ensure that your computer
and/or network is protected from viruses, worms, Trojan horses, or any
other devices with destructive intent. In no event will Harcourt be liable
for any direct, indirect, incidental, special or consequential damages
to you from the use of the Harcourt Site or the Other Sites.
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8. Parental/Teacher Direction Children are encouraged to check with their parents or teachers before
visiting Websites. Parents and teachers should closely monitor the online
activities of children.
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9. Modification of Terms and Conditions Harcourt reserves the right to change, modify, add, or remove portions
of these terms and conditions at any time. Please review these terms and
conditions periodically for changes. Your continued use of the Harcourt
Site following the posting of changes to these terms and conditions will
mean you accept all such changes.
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10. . Export Controls You agree that your use of the Harcourt Site will comply with all applicable
laws, rules and regulations that govern the export of technical data.
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11. Choice Of Law, Jurisdiction and VenueThis Harcourt Site is operated from our offices in the State of Florida,
United States of America. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida, without reference
to any conflict of law principles. You agree that any action at law or
in equity arising out of or relating to these terms and conditions shall
be filed only in the state or federal courts located in Orange County,
Florida. You further consent and submit to the personal jurisdiction of
these courts for the purposes of litigating any such action.
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12. Compliance with Laws Harcourt endeavors to ensure that the Harcourt Site complies with the
requirements of United States laws as well as the foreign laws of any
country where it is intended for the Harcourt Site to be viewed. In the
event that a foreign country's law may not be fully satisfied, then Harcourt
shall be deemed not to be directing the Harcourt Site to that particular
country.
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13. IndemnificationYou hereby indemnify, defend, and hold us and our affiliates and our
officers, directors, employees, agents and representatives (collectively,
the "Indemnified Parties") harmless from and against any and
all liabilities and costs (including reasonable attorneys' fees') incurred
by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement. You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
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14. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE HARCOURT
SITE OR MATERIALS OR FUNCTIONS ON THE HARCOURT SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW
DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) WILL NOT EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE HARCOURT SITE.
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15. Limitation of ClaimsThe user must bring any action on any claim against Harcourt within one
(1) year following the date the claim first accrued, or it shall be deemed
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16. General Provisions If any of these terms and conditions shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between the
parties and may not be modified except in writing signed by both parties.
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17. Terms and Conditions of Use of Harcourt Affiliated CompaniesDue to the diverse nature of our businesses, companies within the Harcourt
family may have terms and conditions of use that differ from this policy.
In such cases, the terms and conditions of use of the particular Harcourt
company will be posted and will supersede the provisions of this document
in the event of a conflict.
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