Terms of Use
The following Terms of Use contain the complete terms and
conditions that apply to an individual's or entity's use of First Base Home
School Association of South Carolina site. As used in this Agreement,
"We," "Us" or "Our" refers to First Base Home
School Association of South Carolina, and
"You" or "Your" refers to the user. "Site" means
any First Base Home School Association of South Carolina site posted on the
World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and
Your waiver of any and all claims against First Base Home School
Association of South Carolina, its parents, subsidiaries, affiliates,
contractors, agents, officers, directors or members arising out of Your use of
Our Site or any materials, information, programs, downloads, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time
and in Our sole discretion, by posting a change notice or a new user agreement
on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF
THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos, button icons,
images, video/audio clips, forms and software, is Our property or that of Our
content suppliers and is protected by U.S. and international copyright laws. The
compilation (meaning the collection, arrangement and assembly) of all content on
Our Site is Our property protected by U.S. and international copyright laws. All
software used on Our Site is the property of the software suppliers and is
protected by U.S. and international copyright laws. You may not electronically
copy or print in hard copy Our Site without the explicit written consent
from Our Director. Any use-including reproduction for purposes other than
those noted above, modification, distribution, transmission, republication,
display or performance-of the content on a Site without Our prior written
permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of Our site, or failure to comply with the above
restrictions, may result in severe civil and criminal penalties. Unauthorized
duplication of the site constitutes copyright infringement and, in the United
States, is punishable in a federal criminal action by a fine of up to
U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal
civil penalties allow the recovery of actual damages based on the number of
copies produced plus the profits of the infringer, or statutory damages of up to
U.S.$100,000 for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR
SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, NON INFRINGEMENT, OR ANY
IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE
USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY
FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE, PRODUCTS OR DOWNLOADS
PROVIDED THROUGH OUR SITE, FOR THE SITES OF OTHERS THAT LINK TO OUR SITE OR FOR
THE SITES OF OTHERS THAT ARE LINK TO FROM OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or
original or creative ideas (collectively, "Materials") submitted
through Our Site. If despite this policy you submit any such Materials, We will
deem it Our property. We will not treat the Materials as confidential, and We
will not be liable for any use or disclosure of such Materials. Without
limitation, We will own the exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials for any purpose, commercial or
otherwise, without compensation to the submitter of such Materials.
5.1. First Base Home School Association of South Carolina has an expectation of
privacy and confidentiality by anyone that calls or contacts First Base Home
School Association of South Carolina using any electronic communications device
to include internet, email, cellular and cordless phone conversations.
First Base Home School Association of South Carolina reserves the right to share
information obtained from or by NON-home school entities, with other home school
associations operating under SC ST SEC 59-65-47, when deemed necessary for the
protection of SC ST SEC 59-65-47 home schools and SC ST SEC 59-65-47 law. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, make public or sell
any information obtained from First Base Home School Association of South
Carolina web site, email, any electronic communications device to include
cellular and cordless phone conversations, or membership paperwork without the
explicit written permission of First Base Home School Association of South
Carolina! You may not send, or cause to be sent, any part or anything
posted on First Base Home School Association of South Carolina web site, email,
any electronic communications device to include internet, email, cellular and
cordless phone conversations, or membership paperwork without the explicit
permission of First Base Home School Association of South Carolina! First
Base Home School Association of South Carolina is not a legal authority.
All postings on First Base Home School Association of South Carolina site,
email, phone conversation (s) to include internet, email, cellular and cordless
phone conversations, or membership paperwork are opinions of First Base Home
School Association of South Carolina members. First Base Home School Association
of South Carolina mandates all members consult PPL-Prepaid Legal (Legal
Insurance Company) [http://www.prepaidlegal.com
] and/ or your own private home school attorney, and/or HSLDA [http://hslda.org
] (Home School Legal Defense) about
SC Law Section 59-65-47 for any and all legal matters. You should refer to PPL-Prepaid
Legal (Legal Insurance Company) [http://www.prepaidlegal.com
], and/ or your own private
home school attorney, and/or HSLDA [http://hslda.org
] (Home School Legal Defense) for all home school legal clarifications
and/or legal matters.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY
LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE
OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT
EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless First Base Home School Association
of South Carolina, its parents, subsidiaries, affiliates,
contractors, agent, officers, directors and members against all claims, losses,
damages, liabilities, costs and expenses (including reasonable attorneys' fees
and costs) made due to or arising out of a violation of these Terms of Use or
Your use of this Site, including, without limitation, any claim arising out of
unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Non waiver. If We fail to insist upon or enforce strict performance of any
provision or right under the terms and conditions of these Terms of Use, it will
not be construed as a waiver of any provision or right; rather, the same will be
and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of South
Carolina to the exclusion of any other law which may be imputed in accordance
with choice of law rules applicable in any jurisdiction. The 1980 U.N.
Convention on Contracts for the International Sale of Goods or any successor
thereto does not apply to these Terms of Use. For any suit or claim pertaining
to these Terms of Use or any information furnished hereunder, You irrevocably
consent to the jurisdiction and venue of any state or federal court sitting in
Berkeley County, South Carolina, USA, and You will not commence an action or
proceeding relating to the subject matter of these Terms of Use in any other
jurisdiction.
8.3 English Language Governs. It is the express wish of the
parties that these Terms of Use be drawn up in English. C'est la volonté
explicite des parties que ces termes d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be interpreted or
construed to create or evidence a partnership, joint venture or franchise
relationship among the parties or as imposing any partnership or franchiser
obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with all statutes,
regulations, rules, ordinances and orders of any governmental body, department
or agency that apply to or result from Your use of Our Site.
8.6. Sever ability. If any provision of these Terms of Use will be unlawful,
void or for any reason unenforceable, then that provision will be deemed sever
able from and will not affect the validity and enforceability of any remaining
provisions.
Note:
Nothing we say or post is intended to be legal advice and is distributed for the
informational purposes only. It is not intended to be, and does not constitute
the giving of legal advice. For more information about the laws and regulations
in this state please contact your own attorney.
NBHSA Attention: FBHSA SC Support Services 975 Bacons Bridge Road Unit 148 #189
Summerville, SC, 29485-4189
