The following Terms govern your use of the GSBANDS.ORG Site. Please read the following carefully; by accepting the Terms and using the Site you are agreeing to abide by the Terms.
OWNERSHIP OF WEBSITE ————————
GSBANDS.ORG is not owned, maintained or officially endorsed by the Greensburg Salem School District. All outside links are maintained by third parties, and the GSBANDS.ORG owner is not responsible for the content of these pages. All minors must have parental permission and supervision to access this site and all linked pages.
ONLINE PAYMENTS ———–
(A) Payments can be made on the store section of GSBANDS.ORG using a credit card or your PayPal account. Payments are sent directly to the GSBPA-owned banking account by PayPal, a third party payment processor. GSBANDS.ORG does not receive, hold or transfer any funds.
(B) NO RETENTION OF FINANCIAL TRANSACTION DATA Credit card information is not retained or available on any GSBANDS.ORG system, as it is processed through PayPal.
(C) Use of points account payments by the GSBPA is governed exclusively by the GSBPA by-laws. GSBANDS.ORG is not responsible for the GSBPA’s handling of payments.
(D) Payments are processed immediately through PayPal; however, student’s access to the account balance for use is subject to the information download time by the GSBPA treasurer, communication with the Points chairperson, and the communications systems in general. GSBANDS.ORG does not guarantee or warranty the timeliness of any payments being accessible to your student..
You will create your own username and password to use on GSBANDS.ORG. You shall be responsible for protecting the confidentiality of the user password and should not permit any other person to use your password.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY ————————————————-
(A) THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY (1) THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES, TECHNICAL MALFUNCTIONS OR OTHER DEFECTS OR HARMFUL COMPONENTS, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, (3) AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA AND/OR PROGRAMS AVAILABLE AT, COMMUNICATED BY OR TO, AND TRANSMITTED BY, THIS SITE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION IS PROVIDED, RECORDED AND TRANSMITTED “AS IS”.
(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SITE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UN-TIMELINESS OR NON-AUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SITE.
(C) IN NO EVENT WILL WE BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATIONS RELATED TO THE SITE WHICH ARE OCCASIONED BY OCCURRENCES OR CONTINGENCIES CONSIDERED ‘FORCE MAJEURE’, INCLUDING, BUT NOT LIMITED TO, DELAY CAUSED BY STRIKE, LOCK OUT, LABOR DISPUTES, DISASTERS, FIRE, FLOOD, ACCIDENT, INVASION, RIOT, WAR, REVOLUTION, EMBARGO, RESTRAINT, ACTS OF GOD, DISEASE, EPIDEMIC, PUBLIC HEALTH CRISIS, FAILURE OF ELECTRONIC EQUIPMENT, SOFTWARE AND/OR INTERNET SERVICE, INABILITY TO OBTAIN TRANSPORTATION OR MATERIALS, SHORTAGE OF FUEL, FAILURE OF TECHNOLOGY, BREACH OR DEFAULT BY A SUPPLIER, DEMAND OF THE UNITED STATES OR ANY OTHER GOVERNMENT, YOUR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT, OR ANY OTHER CAUSE OR CONTINGENCY BEYOND OUR CONTROL WHICH SHALL PREVENT OR MATERIALLY IMPAIR US FROM PERFORMING IN THE NORMAL AND USUAL COURSE OF OUR ORGANIZATION.
(D) IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE UPON THE SITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GSBANDS.ORG reserves the right to refuse service or terminate your account at any time. If a user fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by GSBANDS.ORG, this user’s account may be terminated at the discretion of GSBANDS.ORG. Whenever feasible GSBANDS.ORG will attempt to contact the user and resolve any unfavorable circumstances; however, you may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.
GSBANDS.ORG and all related logos, products and services contained in, described in or provided by the website are trademarks or registered trademarks of ours; any unauthorized use of same is strictly prohibited and all rights in same are reserved by GSBANDS.ORG. The website is our property and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are our property. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, or business processes in whole or in part. Nothing contained herein shall be construed as conferring, by implication, estoppels or any other legal theory, a license or right to any patent, trademark, copyright or other intellectual property right of ours.
You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, demands, liabilities, expenses and damages, including reasonable attorneys’ fees, arising out of or resulting, directly or indirectly, from your use of the website, any act or omission by you or your student, or a payment.
MISCELLANEOUS TERMS ——————-
(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the website constitute the entire agreement between you and us with respect to your use of the website, and supersede all prior or contemporaneous understandings or agreements (written or oral) between the parties with respect to such subject matter. If any provision in this Agreement is held by the arbitrator or other applicable authority to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(B) Change in Terms. We reserve the right at any time to change, add to or delete any aspect or feature of the website and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use. We will provide notice of any such changes either by posting notice to the website, by email or as otherwise required by law. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes.
(C) Applicable Laws. This Agreement is governed by the laws of the State of Pennsylvania without regard to its conflict of laws provisions. Any dispute or claim arising out of or in relation to this Agreement or the Site, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Greensburg, PA, under the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and we agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall have no authority to award, punitive or exemplary damages against the other party.
(D) Waiver. Any waiver of our rights must be in writing and signed by us. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.