|Peyton Wolcott Website - Terms and Conditions of use and legal restrictions
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, AND ANY CONTENT (SUCH AS
TEXT, DATA, INFORMATION, RESEARCH, COMPILATIONS, COMMENTARIES, OVERVIEWS, ROSTER(S), GRAPHICS, OR PHOTOGRAPHS) THAT PEYTON WOLCOTT ("PW") MAY MAKE
AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”). THE SITE AND CONTENT ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “PW WEBSITES.”
Use of PW Websites
PW authorizes you to use the PW Websites only for your own personal, individual, non-commercial purposes for the general goal of increasing grassroots transparency among American public school districts with the
larger goals of helping keep America's public schools strong, fiscally sound and locally controlled with the result of educating schoolchildren better and for less money. If you or your employer are organized as a 501(c)3,
501(c)4 or 501(c)6 or any other 501 series Internal Revenue Service category, or if you plan to send this information to or share it with any person or entity associated with a 501-category organization, your use of PW
Websites is prohibited until PW has granted you specific license to use specific information including names and numbers of entities you have obtained from PW Websites; when writing PW for permission, please specify
the exact information you wish to use, including location and font size of the information and of the attribution to PW relative to the information you are using, including where on the page you will attribute, and your specific
plans to link to PW Websites. Until you have obtained such permission, you are prohibited from entering or using PW Websites. Use of PW Websites for any public or commercial purpose (including, without limitation, on
another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the
original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Peyton Wolcott, Peyton Wolcott owns the PW Websites. The PW Websites is protected under
United States and international copyright laws. Any unauthorized use of
the PW Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the PW Websites. When you contact Peyton Wolcott through the PW Websites for the purpose of sending or
receiving information, PW Websites may collect certain personal information about you. PW Website's use of such information is governed by the provisions of the PW Websites Online Privacy Statement for the Site. You
agree to provide true, accurate, current, and complete information (and, for as long as you continue to access PW Websites, to update such information to keep it true, accurate, current, and complete). You agree to notify
PW Websites immediately of any breach of security related to the PW Websites.
You agree not to use the PW Websites (including, without limitation, any Services you may obtain through your use of the PW Websites): (a) in a manner that violates any local, state, national, foreign, or international
statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(d) to interfere with or disrupt the PW Websites or servers or networks connected to the PW Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection
with the PW Websites; or (y) attempt to gain unauthorized access to any portion of the PW Websites or any other accounts, computer systems, or networks connected to the PW Websites, whether through hacking,
password mining, or any other means.
THE PW WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PW WEBSITES IS WITH YOU. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PW WEBSITES OR AFFILIATED ENTITIES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE PW PARTIES”) SHALL CREATE ANY WARRANTY. PW DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE PW PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES
WHATSOEVER IN EXCESS OF ONE UNITED STATES (US$1.00) DOLLAR (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF
GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE PW WEBSITES (INCLUDING, WITHOUT
LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PW WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY
OTHER LEGAL THEORY AND EVEN IF ANY PW PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To
the extent that any PW Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the PW Party’s liability shall be the
minimum permitted under such applicable law.
Modifications to PW Websites
PW reserves the right to modify, suspend, or discontinue the PW Websites at any time without notice to you. For example, PW may make changes to the PW Websites at any time without notice.
You may wish to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to
PW an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly
display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for
any purpose (including, without limitation, commercial purposes) that PW deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in
part, into any technology, product, or service). You agree that you are solely responsible for all of your User Submissions. PW is not required to host, display, or distribute any User Submissions on or through the PW
Websites and may remove at any time or refuse any User Submissions for any reason. PW is not responsible for any loss, theft, or damage of any kind to any User Submissions. PW does not want to receive any User
Submission that is confidential unless you certify that you are (1) not breaking any laws, or (2) lying; you must prominently state in the subject line of your email or mail that your correspondence is "Confidential." You
understand and agree that any User Submission will be considered non-confidential and non-proprietary and that PW will be free to disclose your User Submission to any third party absent any obligation of confidence on
the part of the recipient. PW does not guarantee that you will have any recourse through PW or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old; (b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or,
alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to PW the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of
eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to PW described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to
any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the PW Websites to third-party websites are provided solely as a public service and as a convenience to you. If you use these links, you will leave the PW Websites. PW is not obligated to review such third-
party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, PW does not endorse or make
any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party
websites linked to from the PW Websites, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent PW’s written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any PW logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that PW endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with PW;
(e) shall not present false or misleading information about PW or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
PW, any other information or service name or slogan or logo contained in the PW Websites are copyrights of PW and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PW or
the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with PW or the applicable trademark holder. You may not use any metatags or any other "hidden text"
utilizing any name, trademark, or product or service name of PW without PW’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the
service mark, copyright and/or trade dress of PW and may not be copied, imitated, or used (in whole or in part) without PW’s prior written permission. Reference to any products, services, processes, or other information,
by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PW.
You agree to indemnify, defend, and hold harmless the PW Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may
incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.
When you visit the Site or send e-mails to PW, you are communicating with PW electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other
communications that PW provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the PW Websites, constitute the entire and exclusive and final statement of the agreement between you and PW with
respect to the subject matter hereof, superseding any prior agreements or negotiations between you and PW with respect to such subject matter. The PW Parties are third party beneficiaries with respect to the provisions in
these Terms that reference them. These Terms and the relationship between you and PW shall be governed by the laws of the State of Texas as applied to agreements made, entered into, and performed entirely in Texas
by Texas residents, notwithstanding your actual place of residence. The failure of PW to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of
these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of PW and you as reflected in the provision, and that the other
provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any
termination of your use of the PW Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or PW. These Terms, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by PW without restriction.
Modifications to these Terms
PW may, in its sole and absolute discretion, change these Terms from time to time. PW will post such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the PW
Websites. Continued use of the PW Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain
provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the PW Websites and, in such circumstances, the expressly-designated legal notice or term shall
be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Revised December 2008 Peyton Wolcott
|P E Y T O N W O L C O T T
How we take back our children's education:
one person, one question, one school at a time.
|FAIR USE NOTICE:
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to
advance understanding of education issues vital to a republic. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C., Chapter 1, Section 107 which states: the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any
other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright," the material on
this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
If you wish to use copyrighted material from this site for purposes of your own that go beyond "fair use" you must obtain permission from the copyright owner.
|ATTENTION EDUCATORS AND ADMINISTRATORS:
Every attempt possible has been made to verify all sources and information. In the event you feel an error has been made, please contact us immediately. Thank you.
|Copyright 1999-2009 Peyton Wolcott
and carry a big stick."
-- Teddy Roosevelt
"Trust but verify."
-- Ronald Reagan
|Just because you can
doesn't mean you should.
|Conservative Commentary - Terms & Conditions
|H o w w e t a k e b a c k o u r c h i l d r e n ' s e d u c a t i o n: o n e p e r s o n , o n e q u e s t i o n , o n e s c h o o l a t a t i m e.
|LEGAL: By accessing, browsing and/or using the pages in this Site you agree that you have read the following Terms and Conditions and fully agree to abide by all.
If you do not agree to the following Terms and Conditions, do not access, browse or use this Site. If you agree to the following Terms and Conditions, please enter