The following terms apply to your use of and access to this Site, as well as any electronic transmission sent, received, posted, accessed, or stored on the Site. Certain products or services offered through our Site may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
These terms explain the policies that govern your access to and use of our Site, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Site, including through a registration process or other means. In the event of a conflict between the Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
GENERAL TERMS AND RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are protected by United States and international trademark and copyright laws, and except where otherwise noted, are owned or controlled by the GSA and must only be used for certain limited purposes. You may only view or download material from this Site for your own personal use and you must keep all copyright and other proprietary notices attached to the viewed or downloaded material.
The GSA hereby grants each User a limited, non-exclusive, non-sublicensable and non-transferable license to access the GSA’s content and information available on the Site according to the provisions contained herein, and subject to the payment of the applicable registration or subscription fees and adherence to these Terms. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED without the prior written consent of the GSA or unless expressly permitted or intended by this Site or other written agreement with the GSA. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by the GSA (“GSA Content”) or any User (“User Content”, and collectively with the GSA Content, “Content”). The use of Content from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site, or to otherwise make GSA Content available to any third party, can be made by contacting the GSA in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
If you do not comply with the Terms at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or Content. We may discontinue or alter any aspect of the Site or GSA Content, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User’s right to use the Site or the GSA Content, at our sole discretion and without prior notice or liability.
You acknowledge and agree that the GSA may preserve and disclose User Content if required to do so by law or if the GSA believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of the GSA, any Users of the Site, and the public.
As a service to our Users, we provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by the GSA. Furthermore, the GSA expressly disclaims any liability associated with material posted by third parties. Please be aware that when you exit our Site, you are subject to the policies of the new web site. You further acknowledge and agree that the GSA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource. Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and the GSA is not responsible for any material posted by third parties.
You shall not (nor cause any third party to) use the Site to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
- capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- permit or provide others access to the Site using Your user name and password or otherwise, or the name and password of another authorized User.
- remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- violate or attempt to violate the GSA’s security mechanisms, access any data or server. Users are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- utilize the Site or any GSA content in or for advertising or commercial content;
- interfering with or disrupting the Site;
- disrupting the activities or enjoyment of the Site for other Users; or
- collecting, or storing personal data about other Users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.
The GSA is not responsible for unintended people using your account ID, password or and reference IDs and view your references. The GSA is not responsible for the unauthorized access to or use of your references. If you are or become aware of any unauthorized use of your account, it is your responsibility to determine the perpetrators and take legal action against them. Though the destination of confidential references is checked manually, the GSA is not responsible if confidential references are sent to incorrect or unintended e-mail addresses. Comments or opinions expressed in references are those of the individual evaluators only, and do not represent the views of the GSA or its employees. Users of the Site are not allowed to copy and redistribute references to people other than those intended.
RELEASE / INDEMNIFICATION
You agree to release the GSA, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, including fraudulent references or other abuses of the Site.
You agree to defend, indemnify and hold the GSA, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any services or products offered by the GSA.
EXCLUSION OF WARRANTIES / DISCLAIMER
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE IS AS ACCURATE AS POSSIBLE, WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE. FURTHER, THE GSA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THE SITE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE GSA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, GSA CONTENT OR ANY SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IF THE GSA IS INFORMED OF ANY INACCURACIES ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLY CAN. IF YOU OBTAIN A PRODUCT OR SERVICE FROM THE GSA FROM THE SITE THAT IS PROVIDED WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED ON AN “AS IS” BASIS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GSA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE GSA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
The validity and effect of the Terms shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in or serving St. Louis County, Missouri, as the GSA selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE GSA, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
CHANGES TO OUR POLICIES
Our Terms are intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Terms at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at [email protected] Any changes in THE GSA’s policies will be communicated on this page.
This Site is operated by the GSA. All inquiries may be directed to:
German School Association
German School Association of Greater St. Louis
PO Box 31092
St. Louis, MO 63131
Email: [email protected]