Washburn High School
Class of 1959

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TERMS AND CONDITIONS OF USE

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:

  1. 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
  2. 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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