ACCEPTANCE OF TERMS
Esperanzahs.com makes available for your use on this Web site (the "Site")
information, documents, software and products (collectively, the "Materials")
and various services operated by Esperanzahs.com (collectively, the "Services"),
subject to the terms and conditions set forth in this document (the "Terms of
Use"). By accessing or using this Site, which includes your access to or use of
any of the Services, you agree to the Terms of Use. Esperanzahs.com reserves the
right to change the Terms of Use from time to time at its sole discretion. Your
use of the Site will be subject to the most current version of the Terms of Use
posted on the Site at the time of such use. In addition, when using particular
Services or Materials on this Site, you shall be subject to any posted
guidelines or rules applicable to such Services or Materials that may contain
terms and conditions in addition to those in the Terms of Use. All such
guidelines or rules are hereby incorporated by reference into the Terms of Use.
If you breach any of the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately destroy any Materials
downloaded or printed from the Site.
COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other
intellectual property laws and any unauthorized use of the Materials or Services
at this Site may violate such laws. Except as expressly provided herein,
Esperanzahs.com and its suppliers do not grant any express or implied right to
you under any patents, copyrights, trademarks, or trade secret information with
respect to the Materials and Services. Except as specifically permitted herein,
no portion of the information or documents on this Site may be reproduced in any
form or by any means without the prior written permission of Esperanzahs.com.
Use of Software. The software and accompanying documentation that are
made available to download from this Site are the copyrighted work of
Esperanzahs.com and/or its suppliers. Use of the software is governed by the
terms of the end user license agreement that accompanies or is included with
such
software. You will not be able to download or install any software that is
accompanied by or includes an end user license agreement unless you agree to the
terms of such end user license agreement. If you do not agree to such terms, you
will not be able to use the software. You may not decompile, reverse engineer or
otherwise attempt to discover the source code of the software available on the
Site.
Use of Site Information. Except as otherwise indicated elsewhere on this
Site, you may view, download and print the documents and information available
on this Site subject to the following conditions:
1. The documents and information may be used solely for personal, informational,
internal, non-commercial purposes.
2. The documents and information may not be modified or altered in any way.
3. The documents and information on the Site may not be distributed.
4. You may not remove any copyright or other proprietary notices contained in
the documents and information.
5. Esperanzahs.com reserves the right to revoke the authorization to view,
download and print the documents and information available on this Site at any
time, and any such use shall be discontinued immediately upon written notice
from Esperanzahs.com.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and
information available on this Site are not applicable to the design or layout of
this Site. Elements of this Site are protected by trade press and other laws and
may not be copied or imitated in whole or in part.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number
and/or password, if applicable. You are responsible for all uses of your
account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
Esperanzahs.com, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, Esperanzahs.com MAKES NO
WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET
YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE
WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY
IMPLIED WARRANTIES ARE LIMITED TO ONE (1) DAY.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. Esperanzahs.com MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND Esperanzahs.com MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
Esperanzahs.com ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE
INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND
PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED.
IN NO EVENT SHALL Esperanzahs.com OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Esperanzahs.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Esperanzahs.com OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links to third-party Web sites that are not under the control
of Esperanzahs.com. Esperanzahs.com makes no representations whatsoever about
any other Web site to which you may have access through this Site. When you
access a non-Esperanzahs.com Web site, you do so at
your own risk and Esperanzahs.com is not responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements made on
these sites or for the quality of any products or services available on such
sites. Esperanzahs.com provides these links merely as a convenience
and the inclusion of such links does not imply that Esperanzahs.com endorses or
accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain
references to Esperanzahs.com products, services, and programs that have not
been announced in your country. These references do not imply that
Esperanzahs.com intends to announce such products, services or programs in your
country.
PERSONAL INFORMATION AND PRIVACY
Please note that any non-personal information or material sent to
Esperanzahs.com will be generally be deemed to NOT be confidential and BE in
public domain.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied
information, materials or communications (collectively, 'User Content').
Depending upon the nature of the Service, by submitting User Content to this
Site you grant Esperanzahs.com one of the following two types of licenses:
1. For User Content that is the result of your creative efforts, such as
examples of work you have done using Esperanzahs.com products, you hereby grant
Esperanzahs.com a worldwide, royalty-free, non-exclusive license to reproduce
and modify (for purposes of formatting, maintenance or Site administration only)
such User Content. You also grant Esperanzahs.com the right to distribute and
publicly display and perform such User Content for the purpose for which such
User Content was submitted to the Service. This license will be in effect until
such User Content is removed from the Site.
2. For User Content such as comments to the Esperanzahs.com User to User Forums,
bug reports, piracy reports or product suggestions, you grant Esperanzahs.com an
unrestricted, worldwide, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute such User Content, and you also agree
that Esperanzahs.com is free to use any ideas, concepts, know-how or techniques
that you send us for any purpose. However, we will not release your name or
otherwise publicize the fact that you
submitted such User Content to us unless: (a) you grant us permission to do so;
(b) we first notify you that the User Content you submit to a particular part of
the Site will be published or otherwise used with your name on it; or (c) we are
required to do so by law.
PROHIBITED COMMUNICATIONS
You may only submit to the Site, User Content that is (a) owned by you, (b)
submitted with the express permission of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or other
materials that would violate any law or the rights of others, including without
limitation, laws against copyright infringement. Violation of these restrictions
may result in limitations on access by you to this Site.
MANAGING USER CONTENT AND COMMUNICATIONS
Esperanzahs.com reserves the right, in its sole discretion, to delete or remove
your User Content from the Site and to restrict, suspend or terminate your
access to all or part of this Site, at any time for any reason without prior
notice or liability.
Esperanzahs.com may establish general practices and limits on the use of any
Service, including, but not limited to, limits on retention time, file size, and
storage space for User Content. Esperanzahs.com shall have no liability or
responsibility for the deletion or failure to store any information or materials
in connection with any Service.
Esperanzahs.com may, but is not obligated to, monitor or review (i) any areas on
the Site where users transmit or post User Content, including but not limited to
areas where Services are available, or chat rooms, bulletin boards or other user
forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, Esperanzahs.com will have no liability
related to User Content arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Esperanzahs.com also disclaims all liability with
respect to the misuse, loss, modification, or unavailability of any User
Content.
USER FORUMS
In addition to these Terms of Use, users of the Esperanzahs.com User-To-User
Forums must agree to a separate legal agreement located within the Forums
Registration area of the Site. Your access to the User to User Forums will be
denied for violation of the prohibitions set forth in this Terms of
Use under the Section entitled PROHIBITED COMMUNICATIONS.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Esperanzahs.com will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others. If you believe
that your work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on this Site or on sites linked
to from this Site, please provide Esperanzahs.com's Copyright Agent a Notice
containing the following elements:
1. A physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work or works that you claim have been
infringed and identification of what material in such work(s) is claimed to be
infringing and which you request to be removed or access to which is to be
disabled;
3. A description of where the material that you claim is infringing is located
on the Esperanzahs.com site;
4. Information sufficient to permit Esperanzahs.com to contact you, such as your
physical address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
6. A statement by you that the information in your Notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act on the
copyright owner's behalf. Esperanzahs.com's Copyright Agent for Notice of claims
of copyright infringement can be reached as follows:
By email:
Webmeister@esperanzahs.com
THE COPYRIGHT AGENT SHOULD ONLY BE
CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT
CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS
SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED
TO.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements or
information with respect to (i) the projection of Esperanzahs.com's revenues,
income, earnings per share, capital expenditures, dividends, capital structure,
or other financial items; (ii) the plans, objectives and/or projections of
Esperanzahs.com for future operations, including those relating to the products
or services of Esperanzahs.com; (iii) Esperanzahs.com's future economic
performance; (iv) assumptions underlying or relating to any of the forgoing
statements or information; and (v) any other projections, estimates or
forward-looking statements. All such statements and information are
forward-looking statements within the meanings of Section 27A of the Securities
Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such
forward-looking statements are based upon, or will be based upon,
Esperanzahs.com's judgment with respect to future events and are subject to a
number of uncertainties and risks that could cause actual results or
circumstances to differ materially from those expressed in the forward-looking
statements. Esperanzahs.com wishes to caution you that such forward-looking
statements are only predictions and that actual events or results may differ
materially.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of Esperanzahs.com software products are controlled by
the United States Export Administration Regulations and such software may not be
exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria
or any country to which the United States embargoes goods. In addition,
Esperanzahs.com software may not be distributed to persons on the Table of
Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading an Esperanzahs.com software product you are certifying that you
are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or
any country to which the United States embargoes goods and that you are not a
person on the Table of Denial Orders, the Entity List, or the List
of Specially Designated Nationals.
All Esperanzahs.com products and publications are commercial in nature. The
software and documentation available on this Site are "Commercial Items," as
that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation," as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with
48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software Documentation
are licensed to U.S. Government end users
(A) only as Commercial Items and (B) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
INDEMNITY
You agree to indemnify and hold Esperanzahs.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of content you submit, post to
or transmit through the Site (including, without limitation, any User Content),
your use of the Site, your connection to the Site, your violation of the Terms
of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Esperanzahs.com from its
offices within the United States of America. By accessing this Site, you agree
that all matters relating to your access to, or use of, this Site shall be
governed by the statutes and laws of the United States of America, without
regard to the conflicts of laws principles thereof. You also agree and hereby
submit to the exclusive personal jurisdiction and venue of the Supreme Court of
United States of America with respect to such matters. Esperanzahs.com makes no
representation that Materials or Services available on this Site are appropriate
or available for use in other locations, 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.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the
property of Esperanzahs.com or other third parties. You are not permitted to use
the Marks without the prior written consent of Esperanzahs.com or such third
party which may own the Marks. Esperanzahs.com and the
Esperanzahs.com logo are trademarks of Esperanza High School, 1830 North
Kellogg, Anaheim, CA 92807.