2. Disclaimer of Warranty
2.1. Excelencia in Education makes no representations with respect to the information, services, products or messages on the Website and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
2.2. Excelencia in Education makes no warranties of any kind regarding the operation of the Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
3. Copyright and Trademark
3.1. Unless otherwise indicated, all information contained on the Website, such as text, graphics, logos, button icons, images, audio and video clips, is copyrighted by and proprietary to Excelencia in Education and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent Use or otherwise Used in whole or in part in any manner ("Use") unless permission is granted by Excelencia in Education in writing.
3.2. If User is granted written permission to Use any of the content of the Website by Excelencia in Education, User shall clearly attribute the creation and ownership to Excelencia in Education. Specifically, User shall at least provide one (1) conspicuous notice of Excelencia in Education copyright ownership.
3.3. The names and marks Excelencia, Excelencia in Education, EdExcelencia.org, ALASS, Achieving Latino Student Success, Latino Student Success Inquiry Model, Excelencia Action Network, Examples of Excelencia, Celebración de Excelencia and their attendant logos, domain names and taglines, are trademarks of Excelencia in Education and may not be used or reproduced without the express written consent of Excelencia in Education.
4.1. Excelencia in Education makes no representation, warranty or endorsement, express or implied, as to any of the information, services, products or messages on any other websites which may be accessed through a hyperlink on the Website. In particular, these links are provided for convenience of reference only and are not intended as an endorsement by Excelencia in Education of the organization or individual operating the website or a warranty or endorsement of any type regarding the website or the information, services, products or messages posted on or available from such website.
4.2. Excelencia in Education is not responsible for the information or materials contained on websites linking to this Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by Excelencia in Education of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
5. Limitation of Liability
5.1. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Excelencia in Education and its vendors/suppliers. Accordingly, Excelencia in Education assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with Use of the Website.
5.2. The Website are provided on an "as is" basis. Excelencia in Education, ITS officers, directors, agents, employees, volunteers, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Excelencia in Education, its officers, directors, agents, employees, volunteers, licensees licensors, and suppliers make no representations or warranties about the following:
5.2.1. The accuracy, reliability, completeness, or timeliness of the content, and where applicable, software, text, graphics, links, or communications provided on or through the Website.
5.2.2. The satisfaction of any government regulations requiring disclosure of information on the approval or compliance of any software tools with regard to the contents of the Website.
5.3. In no event shall Excelencia in Education, its officers, directors, agents, employees, volunteers, licensees licensors, and suppliers, or any third parties mentioned in the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the Use of or inability to Use the Website or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Excelencia in Education, its officers, directors, agents, employees, volunteers, licensees licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages. Excelencia in Education, its officers, directors, agents, employees, volunteers, licensees licensors, and suppliers, or any third parties mentioned in the Website are not liable for any personal injury, including death, caused by User's Use or Misuse of the Website.
5.4. User agrees to hold harmless Excelencia in Education and its officers, directors, agents, employees, licensees, and volunteers from all claims arising out of or related to your Use, or your inability to Use, the Website or the information, services, products or messages contained in the Website or other websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Excelencia in Education or the contributors of information to the Website be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Excelencia in Education, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.
7. Equitable Relief
9. Governing Law
User and Excelencia in Education agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to Use of the Materials. User and Excelencia in Education also agree and hereby submit to the exclusive personal jurisdiction and venue of New York County, New York and the United States District Court for the Southern District of New York with respect to such matters.