Terms & Conditions
Content: The Site includes articles and information which we believe will be of interest to our users. Some of the articles and information have been developed by MUSE. Other articles and information are provided by third-party sources. We cannot ensure that information provided on the Site is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. You are solely responsible for use of and reliance on this information. Information, software, text, photographs, graphics, links and other material (collectively, the "Content") provided on the Site are protected by copyright, trademark or other proprietary rights of MUSE or of third parties. MUSE grants you a limited nonexclusive license to use the information on the Site for your personal and noncommercial use. You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.
Registration: To use portions of the Site, you must be registered and provide personal data including contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify us of any changes in the registration information. This Site is not intended for use by persons under the age of 18. You are fully liable for all use of the Site accessed through your registration information, including any use by a user not authorized by you who accesses the Site using your registration information. You should promptly notify us of any unauthorized use of your registration information or other breach of security.
Contacts with Other Sites: MUSE may include or provide links on the Site to other sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that we have investigated the content of such information, opinions or recommendations, and do not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, sites, individuals, organizations or companies. You acknowledge and agree that MUSE has no control over such sites and is not responsible for the availability of such external sites. You should contact the site administrator or webmaster for other sites if you have any concerns regarding such links or the content located on such other sites.
Exchange of Information: In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. MUSE does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Disclaimer of Warranties and Limitation of Liability: YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE." MUSE AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MUSE OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF BASIS INDEPENDENT SCHOOLS IS ADVISED OF THE POSSIBILITY THEREOF. IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND BASIS INDEPENDENT SCHOOLS AND THE SITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification: You agree to indemnify, defend, and hold MUSE harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys' fees) resulting from your use of the Site or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of the Content shall be entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.
General Terms: This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York governing contracts wholly entered into and wholly performed within New York and any action to enforce these terms and conditions or in any manner related to MUSE shall be brought exclusively in the federal or state courts located in Brooklyn, New York and you agree to submit to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and MUSEwith respect to the Site, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, the terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.