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Terms and Conditions of Use


This website (the "Site") is provided by Gilmour Academy ("Gilmour").  The terms "you," "your" or "yourself" refer to the user who is browsing this Site.

Your use of this Site is governed by the policies, terms and conditions set forth below ("Terms and Conditions of Use") and Gilmour's policies concerning privacy and its practices concerning the collection, use, and disclosure of personally identifiable information that users may provide via the Site Private Policy.  Please read these Terms and Conditions of Use and Gilmour's Privacy Policy carefully before using this Site.  Your use of this site indicates your acceptance of these Terms and Conditions of Use and the Privacy Policy. IF YOU DO NOT AGREE WITH OR DO NOT WANT TO ACCEPT ANY OF THESE TERMS, PLEASE EXIT THIS SITE AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF IT. Gilmour reserves the right to make changes to this Site, these Terms and Conditions of Use and the Privacy Policy at any time.

Intellectual Property Rights

All content and graphics on this Site are the exclusive property of Gilmour, its licensors or third-party content providers. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Site may constitute trademarks, trade names, service marks, trade dress, copyrights or other intellectual property of Gilmour or its licensors. The display of trademarks, trade names, service marks, trade dress, copyrights or other intellectual property on pages at this Site does not imply that a license of any kind has been granted to you or anyone else to use them in any manner. Other products and company names mentioned herein may be the trademarks, trade names or service marks of their respective owners.

You are free to view the material posted on this Site for non-commercial purposes, and to print it solely for your own personal purposes. You agree that you do not acquire any ownership rights in any downloaded content. You may not distribute copies of the material for any purpose or 'frame' it in any site you create or operate. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website.

Any unauthorized downloading, transmission, republication or other copying or modification of material posted on this Site, including trademarks, trade names, service marks, trade dress, copyrights or other intellectual property of Gilmour or its licensors, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.

Gilmour reserves the right to take legal action against any unauthorized use of the trademarks, trade names, service marks, trade dress, copyrights or other intellectual property of Gilmour and its affiliates found on this Site.

Disclaimer of Warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. GILMOUR MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GILMOUR DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GILMOUR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GILMOUR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

This Site is operated by Gilmour from the State of Ohio, United States of America. Gilmour makes no representation that materials in this Site are appropriate or available for use in other jurisdictions.  If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Exclusion of Liability

Gilmour expressly disclaims, and in no event will Gilmour be liable for, any liability for any damages, including without limitation, direct or indirect, special, incidental or consequential damages, loss of profits, opportunities or information or expenses, whether in contract, tort, strict liability or otherwise, arising out of or relating to arising in connection with:

  • the contents of any communication, message, or information provided to Gilmour by you or other third parties;
  • the contents of any website not controlled, owned, or operated by Gilmour that is accessed from or linked to this website by direct or indirect means;
  • any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
  • the use of or inability to use this Site, even if Gilmour has been advised of the possibility of such damages.


Third-Party Websites

Gilmour does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Gilmour provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Gilmour of the linked website or any information contained in it.

Prohibited Use

As a condition of your use of this Site, you warrant to Gilmour that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Although Gilmour may from time to time monitor or review any third-party postings, transmissions and the like which may appear on this Site at any time, Gilmour is under no obligation to do so and assumes no responsibility or liability arising from the content of any such third-party postings, transmissions or communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such postings, transmissions or communications. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Gilmour will fully cooperate with any law enforcement authorities or court order requesting or directing Gilmour to disclose the identity of anyone posting any such information or materials.

Indemnification

You agree to indemnify and hold Gilmour, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to any breach of these Terms and Conditions of Use.

Remedies

Given the nature of these terms, you understand and agree that, in addition to money damages, Gilmour will be entitled to equitable relief upon a breach of them by you.

Law

These Terms and Conditions of Use shall be governed by Ohio law and relevant federal laws, and irrevocable consent is hereby granted by both Gilmour and you to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Cuyahoga County, Ohio. Use of this Site is unauthorized in any jurisdiction that does not affect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.

Survival of Provisions

Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by the competent court.

Changes and Modifications

Gilmour reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site, these Terms and Conditions of Use and all policies and guidelines incorporated herein by reference, including the Privacy Policy, at any time. Any changes to these Terms and Conditions of Use shall become effective immediately after being posted to this Site. Your access to and continued use of this Site after any changes are posted shall constitute acceptance of those changes. 

Contact Information

If you have any questions concerning this site or its policies, please contact us by emailing us at inquiry@gilmour.org.

An independent school in the Catholic, Holy Cross tradition, inspiring students Pre-K-12

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