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The
following Terms of Use contain the complete terms and conditions that
apply to an individual's or entity's use of French
Communication Institute site. As used in this Agreement, "We," "Us" or
"Our" refers to French Communication Institute, and "You" or "Your" refers to
the user. "Site" means any French Communication Institute 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 French Communication Institute,
its parents, subsidiaries, affiliates, contractors,
agents, officers, directors or employees arising out of Your use of Our
Site or any materials, information, 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, audio clips 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 Our property or that of Our software suppliers and is
protected by U.S. and international copyright laws. You may
electronically copy and print in hard copy portions of Our Site for the
limited purpose of placing an order with Us or using it as a shopping
resource. Any other 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 the
software, or failure to comply with the above restrictions, may result
in severe civil and criminal penalties. Unauthorized duplication of the
software 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, MERCHANTABILITY,
NONINFRINGEMENT, 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 OR FOR THE SITES OF
OTHERS THAT LINK TO 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.
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 French
Communication Institute,
its parents, subsidiaries, affiliates, contractors, agent,
officers, directors and employees 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 Nonwaiver. 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 Washington 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 King County, Washington, 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.
Severability. If any provision of these Terms of Use will be unlawful,
void or for any reason unenforceable, then that provision will be
deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
OUR
ADDRESS: French Communication Institute 2133 Arch
Street Philadelphia, PA, 19103
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