Terms and Conditions of Use The Chesapeake Public Schools Website is provided to you as a service of the Chesapeake Public Schools subject to the following conditions. Please carefully read and review these Terms and Conditions of Use before using this website. By using the website, you are agreeing to be bound by the Terms and Conditions of Use, and as a result, you should not use the Chesapeake Public Schools Website if you are not in agreement with its Terms and Conditions of Use.Chesapeake Public Schools reserves the right, at its discretion, to modify, add, or delete provisions of the Terms and Conditions of Use. It is your responsibility to periodically review the Terms and Conditions of Use for such changes. Your continued use of the website after such changes have been made and posted on the website indicates your acceptance of such changes.If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, then those conditions shall be deemed serveable and shall not affect the validity and enforceability of any of the remaining terms and conditions of use. If you have any questions regarding the Terms and Conditions of Use, please contact Chesapeake Public Schools at: Chesapeake Public Schools P.O. Box 16496 312 Cedar Road Chesapeake, VA 23328 Email IT Help Desk If you have any questions regarding specific information found on this website, please call the appropriate department for additional information. Chesapeake Public Schools last revised its Terms and Conditions of Use on September 20, 2001. INTERNET Terms and Conditions of Use STATEMENT Chesapeake Public Schools’ policy is to respect the privacy of its users. Please review our Internet Terms and Conditions of Use Statement in order to understand our privacy practices. Our Guidelines for Internet Privacy Statement are incorporated by reference into the Terms and Conditions of Use. USER CONDUCT In order to have access to this website, you must agree that you will not use the Chesapeake Public Schools website for any purpose that is unlawful under any applicable local, state, national, and international law and/or regulation or any purpose that is strictly prohibited by these terms and conditions. By way of example, but not as a limitation, you agree that you will not do the following in reference to the Chesapeake Public School website: provide false, inaccurate or misleading information, including but not limited to misrepresenting your age or personal characteristics; impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity; defame, harass, stalk, threaten or otherwise violate the legal rights of others;< violate any applicable laws or regulations applying to the website and/or its users; harm minors in any way; knowingly solicit or collect personal information from minors; upload, publish, post or otherwise transmit or disseminate any information which infringes any trademark, trade secret, copyright, or other proprietary right of any party; upload, publish, post or otherwise transmit or disseminate any materials containing viruses, corrupt files, junk mail, vulgar and unlawful material, material harmful to minors, or any other harmful or damaging programs; upload or change information provided on the Chesapeake Public Schools website; harvest, collect or store personal information about other users; interfere with or disrupt the website and its services in any way which affects the ability of other users to participate with or use the website; and use data mining, robots, or similar data gathering and extraction tools. Students and employees of the Chesapeake Public Schools also are required to comply with the Guidelines for Acceptable Telecommunications and Internet Use for Faculty, Employees and Administrative Staff, and such Guidelines are incorporated by reference into the Terms and Conditions of Use for students and employees of the Chesapeake Public Schools. TERMINATION In its sole discretion, Chesapeake Public Schools reserves the right to modify or terminate your use and access to the Chesapeake Public Schools website temporarily or permanently at any time. The Chesapeake Public Schools website cannot be held liable to any user or third party for modifying or discontinuing a user’s access to the Chesapeake Public Schools website. If either you or Chesapeake Public Schools decides to terminate your use of the website, the disclaimers and limitations of liability set forth in these terms and conditions still survive. PROPRIETARY RIGHTS Information on the Chesapeake Public Schools’ website generally is considered public information and may be distributed and copied. Nevertheless, the Chesapeake Public Schools’ logo is trademarked and should not be displayed or used without the permission of Chesapeake Public Schools. In addition, any photos, images or other writings and works of students which are displayed on the Chesapeake Public Schools’ website are not public information and cannot be used without permission. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Chesapeake Public Schools ON AN “AS IS” AND “AS AVAILABLE” BASIS. Chesapeake Public Schools MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. ANY MATERIAL THAT YOU OBTAIN FROM THE WEBSITE IS DONE AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Chesapeake Public Schools DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Chesapeake Public Schools DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE, TIMELY, SUITABLE OR CORRECT; (B) THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SERVICE SHALL BE UNINTERRUPTED OR CONTINUOUS; (C) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; OR (E) THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPECIFICALLY, INFORMATION PROVIDED BY THE CHESAPEAKE PUBLIC SCHOOLS WEBSITE REGARDING ATTENDANCE ZONES AND BUS SCHEDULES IS INFORMATIONAL ONLY AND IS NOT INTENDED TO BE RELIED UPON BY THE USERS. IT IS THE RESPONSIBILITY OF EACH USER TO VERIFY THE INFORMATION PROVIDED BY THE WEBSITE. CHESAPEAKE PUBLIC SCHOOLS DO NOT MAKE ANY REPRESENTATIONS THAT THE INFORMATION PROVIDED BY THIS WEBSITE REGARDING ATTENDANCE ZONES AND BUS SCHEDULES IS CURRENT, COMPLETE OR ACCURATE. ALL USERS OF THIS WEBSITE ASSUME ALL RISKS OF USE OF SUCH INFORMATION, AND CHESAPEAKE PUBLIC SCHOOLS DISCLAIMS ALL RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM THE USERS’ USE OF THE INFORMATION PROVIDED BY THE WEBSITE. Chesapeake Public Schools WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICE OR LOSS OF DATA THAT IS CAUSED BY USE OF THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICE OR LOSS OF DATA THAT IS CAUSED BY SUCH DOWNLOADING, AND YOU ALSO ARE SOLELY RESPONSIBLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. Chesapeake Public Schools WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ADVICE OR INFORMATION WHICH YOU RECEIVE FROM Chesapeake Public Schools SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED WITHIN THESE TERMS AND CONDITIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTIONS OR ASPECTS OF THE WEBSITE OR WITH ITS TERMS AND CONDITIONS OF USE AND OTHER POLICIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. USE OF SOFTWARE Adobe Acrobat Reader can be downloaded from this website. This software is provided for your convenience, and Chesapeake Public Schools provides no warranties regarding the Adobe Acrobat Reader or your ability to install and/or use the Abode Acrobat Reader in connection with the Chesapeake Public Schools website. If you download software from this website, including but not limited to the Adobe Acrobat Reader, use of the software is subject to the license terms of any software license agreement that accompanies or is provided with such software. LINKS TO AND FROM OTHER SITES Chesapeake Public Schools may provide links on the Chesapeake Public Schools website to third party websites, but the appearance of such links does not constitute endorsement by Chesapeake Public Schools of the other websites or demonstrate any association between Chesapeake Public Schools and the third party websites. Chesapeake Public Schools has not reviewed the third party websites, has no control over the third party websites, cannot exercise editorial control over the information found on the third party websites and is not responsible for the accuracy, availability, security, legality or content of the third party websites. If you decide to access third party websites from the Chesapeake Public Schools website, you are doing so solely at your own risk. Other websites must obtain permission from the Ombudsman for the Chesapeake Public Schools before featuring a link to the Chesapeake Public Schools website. The Ombudsman can be contacted at (757) 547-0153. If a website does not obtain permission from the Chesapeake Public Schools before featuring a link, then it not permitted to feature a hyperlink to the Chesapeake Public Schools website. MONITORING WEBSITE Chesapeake Public Schools do not have an obligation to monitor its website or edit information provided through interactive services. Nevertheless, Chesapeake Public Schools reserves the right at any time to monitor its website and remove any information made available through its website. Chesapeake Public Schools also may collect information for statistical purposes, and it may use software programs to create summary statistics. For security purposes, Chesapeake Public Schools also may use software programs to monitor the network traffic to identify any unauthorized attempts to upload or change information or otherwise cause damage. In addition, Chesapeake Public Schools can disclose any information necessary to satisfy any government requests, legal process or applicable laws or regulations or to protect the interests of Chesapeake Public Schools. Applications for employment and census studies regarding school-age children can be completed on-line at the Chesapeake Public Schools’ website. The information collected by the Chesapeake Public Schools only is used for the limited purpose for which it was collected, and Chesapeake Public Schools does not sell, share, or rent such personally identifiable information to others. INDEMNIFICATION You agree to indemnify and hold Chesapeake Public Schools, its agents and employees harmless from any liability, claim, demand, or damage, including attorneys’ fees, asserted by any third parties due to or arising out of your use of or conduct and behavior related to the Chesapeake Public Schools’ web site. Chesapeake Public Schools reserves the right, at its own expense, to assume the exclusive defense and control of any such matter which would be subject to indemnification by you, and if Chesapeake Public Schools assumes such responsibility, you are obligated to cooperate with Chesapeake Public Schools in preparing the matter and in asserting available defenses. NOTICE OF CLAIMS All of your claims, causes of action or demands arising from these terms and conditions and/or your use of the Chesapeake Public Schools website shall be forever barred unless you give notice thereof to Chesapeake Public Schools within sixty (60) days from the event or omission giving rise to such claim, cause of action or demand. Failure to provide such notice will constitute an absolute bar to such claim, cause of action or demand. RESOLUTION OF DISPUTES You and Chesapeake Public Schools will attempt to settle all disputes, controversies and claims related to these terms and conditions or your use of the Chesapeake Public Schools website through good faith negotiation and mediation. If such attempts fail, then any disputes relating to these terms and conditions or the Chesapeake Public Schools website shall be submitted to confidential arbitration in Chesapeake, Virginia under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator shall not have the power to award damages in excess of actual damages, such as punitive damages. Provided, however, that at Chesapeake Public Schools’ own election, it may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia to the extent that any user violates or threatens to violate in any manner the intellectual property rights of Chesapeake Public Schools. GENERAL The parties agree that the appropriate court for the City of Chesapeake, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, shall be the exclusive forums in which any action in any way relating to these terms and conditions and/or the Chesapeake Public School website shall be brought for any matter which is not subject to the dispute resolution procedure set forth above. The parties hereby expressly consent to jurisdiction of those courts over them and agree to the appropriateness of venue of the courts designated therein. In addition, the parties agree that these terms and conditions, your relationship with the Chesapeake Public Schools and your use of the website have a substantial connection with the Commonwealth of Virginia, and accordingly the parties agree that the substantive law (and not the conflicts of law principles) of the Commonwealth of Virginia shall apply to any such disputes. The choice of law principles of the Commonwealth of Virginia shall not be utilized to cause the law of another jurisdiction to apply. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CONTROVERSIES ARISING OUT OF THESE TERMS AND CONDITIONS OF USE AND/OR YOUR USE OF THE CHESAPEAKE PUBLIC SCHOOLS WEBSITE. The section headings used in the terms and conditions are solely for the convenience of the parties, and they shall not have any legal or contractual significance.