Islanders@School Program Website Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the website located at www.islandersatschool.com and other affiliated domain names (collectively, the "Site"), you agree to these terms and conditions. If you do not agree, you should not use this Site. The paragraphs that follow describe the agreement entered into by using this Site, as between "you" (the visitor to this Site) and the New York Islanders (the "Club"). The Site is owned, provided and operated by the New York Islanders. The Club allows you to access and use the Site subject to the following terms and conditions ("Terms"), which may be changed by us from time to time. As used in these Terms and on the Site, "we," "our," and "us" means the Club unless otherwise indicated.

The Islanders@School Program ("Program") is available to educators across Queens, Brooklyn, Nassau and Suffolk Counties, and features classroom-ready lesson plans to teach various strands of the curriculum in areas such as language, math, and health/physical education.

This Site provides you with access to an online collection of information, materials and services related to the Club and certain aspects of its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through this Site ("Software"), all of which are subject to these Terms. Unless stated otherwise, any new Content and Software added to this Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by these Terms effective upon the date of each such addition. This Site is intended for use only by U.S. residents; those under 13 only with parental consent and supervision.

OUR PROPRIETARY MATERIALS
We welcome you to our Site and we invite you to use it within the following rules: You may use the Site and the Contents and Software solely as and for the purposes stated on the Site. You may make multiple copies of relevant Content for your non-commercial (educational) use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying this Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of the Club. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from this Site, in any manner, without your receipt of the prior written authorization of the Club. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying this Site to a human perceivable form. The information on this Site, the design and layout of the Site, the Content and Software contain elements protected by trademark, copyright, and/or other laws, and may not be copied or imitated in whole or in part, except as expressly permitted on the Site or in these Terms. All Content, Software and materials on and underlying this Site is property of the New York Islanders or are licensed or otherwise used by the Club with permission. Except where noted otherwise in these Terms of Use, all rights to these materials are reserved by the Club or their respective owners. The Club name, distinctive logo, the words

"IslandersAtSchool" and all representations and/or variations thereof, its distinctive logo and any and all other marks and graphics associated with the Club (including but not limited to the name and all graphic representations of the Club's mascot, "Sparky") and Islanders@School program are all trademarks and service marks of the Club, which reserves all rights to its marks and logos. Individuals appearing on this Site do so with permission. Names and photographs of individuals may not be copied, downloaded or otherwise used except as expressly stated in these Terms and/or for the purposes stated on the Site. None of the logos, trademarks or service marks described above may be excerpted, copied and/or imitated, in whole or in part, without the prior, written permission of the owner thereof.

All Site Content and functionality, and all Software underlying this Site, may be changed or updated by us from time to time, without notice. Although the Club cannot monitor the conduct of users of the Site, it is a violation of these Terms to use the Site or any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site.

The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as expressly permitted by these Terms. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable state and federal regulations and statutes.

PERSONAL INFORMATION
We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy at insert hyperlink for details.

DISCLAIMERS
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. The Club retains the right to restrict use of this Site in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. THE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CLUB MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERROS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CLUB, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, SPONSORS, ADVISORS AND VOLUNTEERS OR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES (COLLECTIVELY "THE CLUB & AGENTS") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGE TO OR LOSS OF PRODUCTS, USE OF DATA OR

OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, OR INABILITY TO USE THE SITE, CONTENTS OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE CLUB & AGENTS AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE.

YOU UNDERSTAND AND AGREE THAT THE CLUB & AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT THE CLUB & AGENTS WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY THE CLUB OR AN AUTHORIZED CLUB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE CLUB NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF CONTENT, SOFTWARE OR ANY OTHER MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

THIRD-PARTY WEBSITES
This Site may provide links to other websites which are not maintained by the Club as a convenience to you. The Club is not responsible for the content, products, services or policies or activities of those websites. The inclusion of any link to such website does not imply endorsement of such website by the Club.

THIRD-PARTY WEBSITES SEEINKG TO HYPERLINK TO THE SITE
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of this Site and the Club. If this is not the case, please do not link to our Site. The Club reserves the right to rescind the right to link to this Site at its sole discretion. Use of the Club mark and logos provided by the Club for a hyperlink to the Site is permitted and licensed by the Club solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such code, materials or marks nor any photographs appearing on this Site. Upon request by the Club, you shall immediately remove any hyperlink to the Site, and discontinue use of any code, materials or marks provided by the Club.

GOVERNING LAW; JURISDICTION; VENUE SEVERABILITY OF PROVISIONS
These Terms and the relationship between you and the Club through your use of the Program shall be governed by the laws of the state of New York without regard to its conflict of law provisions. Regardless of your place of residence or the location from which you use the Program, the Content and/or the Software, these Terms constitutes an agreement made in the state of New York. Any court of competent jurisdiction sitting within Nassau or Suffolk County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the use of the Site or Program. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient.

ENTIRE AGREEMENT
These terms and other policies and notices the Club may post on the Site from time to time constitutes the entire agreement between the Club and you in connection with your use of the Site, hyperlinks to and from the Site and the contents and Software displayed on the Site, and supersedes any prior agreements between the Club and you regarding such matters, including prior versions of these Terms. The Club may update these Terms from time to time by posting revised Terms on this Site, without prior notice to you, and your subsequent use of the Site is governed by those new Terms. The Terms are effective until terminated by the club, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in these Terms shall survive.