Terms and Conditions
SWITCHED adapted Toys (“SWITCHED”) has created and maintains www.switchedtoys.org and certain related websites (the “SWITCHED's Websites”) in order to make information about its programs, research and resources available to the public via the internet. By using SWITCHED's Websites and their content, you are agreeing to comply with and be bound by the following Terms and Conditions. These Terms and Conditions may change from time to time, and we encourage you to review them periodically. Your continued use of the SWITCHED's Websites indicates your acceptance of any changes to these Terms and Conditions. (Any changes to these Terms and Conditions are inapplicable to disputes arising, or arising out of events occurring, prior to the posting of such changes here.)
TERMS AND CONDITIONS
Usage: All products and materials provided by SWITCHED are for educational purpose only. All manuals and materials shall not be used to produce products that are sold for profit. Users shall not modify, alter, or reproduce any videos or documents without express written consent of SWITCHED.
Proprietary Rights: As between you and SWITCHED, SWITCHED owns, solely and exclusively, all rights, title and interest in and to the SWITCHED's Websites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the SWITCHED's Websites, and the compilation of the content, code, data and materials on such websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the SWITCHED's Websites does not grant to you ownership of any content, code, data or materials you may access on these websites.
1. All materials on the SWITCHED's Websites are provided "as is" without a warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. SWITCHED assumes no responsibility for damage to your computer or other property resulting from your use of the SWITCHED's Websites. You understand and agree that any downloading or obtaining of material or data through the SWITCHED's Websites is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on the SWITCHED's Websites.
IN NO EVENT SHALL SWITCHED OR ANY OF SWITCHED'S TRUSTEES, EMPLOYEES OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, SWITCHED'S WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.
2. Some pages on the SWITCHED's Websites include links to other websites. SWITCHED has not reviewed all of these websites and is not responsible for the content of these websites. SWITCHED provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by SWITCHED
Applicable Law: Any legal action brought against SWITCHED shall be governed by the laws of the State of Missouri without regard to its conflicts-of-law rules. Any claim asserted against SWITCHED shall be heard and determined in the federal or state courts located in Missouri. Users of the SWITCHED's Websites agree not to commence any litigation relating to the use of any of the SWITCHED's Websites, except in courts located in Missouri. Users also waive any objections to venue of any such litigation in courts located in Missouri and agree not to plead or claim that Missouri is an inconvenient forum.
Indemnity: You agree to defend, indemnify and hold SWITCHED and its Trustees, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to your use of the SWITCHED's Websites, your placement or transmission of any message, content, information, software or other materials through the SWITCHED's Websites, or your breach or violation of the law or of these Terms and Conditions. SWITCHED reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SWITCHED's defense of such claim.
Notices: By using SWITCHED's Websites, you agree to receive electronic communications from SWITCHED, whether addressed to the e-mail address associated with your SWITCHED account or posted on the SWITCHED's Websites. You acknowledge and agree that any communication via e-mail or by postings on the SWITCHED's Websites satisfies any legal requirement that such communications be made in writing.
Severability: The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of SWITCHED to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.