2. Online Payment Service
3. User Conduct
While using the Online Payment Service, you may not:
a. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Online Payment Service or any portion thereof without the prior written permission of the District;
b. upload, post, publish, transmit, reproduce, or distribute through the Web site any material that infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
c. engage in conduct, during use of the Web site, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
d. upload, post, publish, transmit, reproduce or distribute through this Web site any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
e. upload, post, publish, transmit, reproduce, distribute through this Web site, or place any links on this Web site to any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
f. alter, interfere, or disrupt the content or functioning of the Website or the District's service, including but not limited to uploading, posting, or transmitting an material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriated the Web site or any data contained therein; or (b) disproportionately burdens the operation of the Web site;
g. use the Services to gain unauthorized entry or access to other computer systems or networks;
h. "mirror" the Services or any of its content on any other server without the express prior written permission of the District;
i. Impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us via the Web site; or
j. Upload, post, publish, transmit, reproduce or distribute through this Web Site any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order.
In our sole and absolute discretion, we may, without notice, restrict or terminate any person's use of the web site or Online Payment Service,. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web Site and/or Online Payment Service. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.
5. Disclaimer of Warranties
a. The Web Site, Services and/or any content, information, software, functions, and applets provided on or through the Web Site and/or Online Payment Service are made available on an "as is" and "as available" basis. The District does not warrant that the Web site, Online Payment Service and/or any content or service provided in connection with the Web Site and/or Online Payment Service will be timely, secure, uninterrupted, or error-free, or that defects in the Web Site, Services and/or in any content or service provided on or through the Web site and/or Online Payment Service, if any exist from time to time, will be corrected. The District will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Web Site, Online Payment Service and/or related content, for communication line failures, or for computer viruses associated with the operation of the Web site. The District makes no warranty regarding any information made available through or on the Web Site and/or Online Payment Service. THE DISTRICT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND/OR SERVICES IS AT YOUR SOLE RISK.
6. Limitation of Liability
The District, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assignees, will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special, or punitive damages (including without limitation damages resulting from lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Web site or the Online Payment Service. In no event will the liability of the District, its affiliates or subsidiaries, or their officers, directors, employees, agents, successors, or assignees, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEDISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THE PREVIOUS SECTION ("DISCLAIMER OF WARRANTIES") AND THIS SECTION ("LIMITATION OFLIABILITY") MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONALRIGHTS.