We are glad you have decided to use the services we offer on our Site and we hope you find them useful. For both your protection and ours, we have established the following Terms of Use document that we expect all parents, students, teachers, administrators, and other visitors, registered or otherwise, to follow while in (or at) our site. Your continued use of our Site means that you acknowledge these Terms and agree to abide by them at all times. Because we reserve the right to modify these Terms of Use at any time, please check them regularly. We will also notify you as described below if any material terms should change. Please note that you will be referred to as "User" from time to time in this Agreement.

GENERAL RULES

You agree and continue to agree to use our Web Site (further referred to as the Site) in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions set out in the policies and guidelines outlined below.

RULES OF CONDUCT FOR USE OF OUR MESSAGE BOARDS AND OTHER INTERACTIVE AREAS

We strive to provide the best user experience possible by ensuring that our community fosters learning in a safe and respectful manner. The KMS&T Community provides an atmosphere of trust in which users are encouraged to teach and learn from each other while having fun. We encourage you to model positive community behavior and to let us know when you feel that another user is not doing so. In order to maintain our community standards, certain behaviors will not be tolerated. By continuing to use our Site, you are agreeing that you will not post any of the following material on any of our Message Boards, Galleries, or other interactive posting areas found at (or in) the Site:

1. Advertising or any form of commercial solicitation

2. Material that personally identifies a child or a student

3. Material that is untrue, defames, abuses, harasses, or threatens others

4. Statements that are bigoted, hateful, mean-spirited, or ethnically or racially offensive

5. Material that advocates illegal activity or discusses illegal activities with the intent to commit them

6. Unauthorized copyrighted material (including, but not limited to, text, sound, or graphic files)

7. Material that contains vulgar, obscene, pornographic, or indecent language or images

Statements or postings that violate the above terms or that we believe in our sole and absolute discretion should not be posted will either not be posted, will be edited prior to posting, or will be removed from the Message Boards or other Postings upon discovery. Furthermore, such User will be responsible for all of our damages arising from such posting. Depending on the nature and extent of the violation, we may, at our sole discretion, terminate such User's account.

E-COMMERCE TRANSACTIONS

We make certain products available to you through our online Store. To protect your online order information, KMS&T uses Secure Sockets Layer (SSL) technology provided by VeriSign. This technology is the industry standard for providing secure online transactions. Please see our Security page and our Privacy Policy for more information.

LICENSE TO USE OUR SITE

KMS&T, Inc. grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the services made available on the Site on any machine(s) of which you and/or members of your family or class(es) are the primary User(s). Except for items on the Site that registered users are expressly authorized to copy or use in accordance with the Fair Use Guidelines, or use of the Site specifically in classroom or home projects where KMS&T is given attribution, or use of our logo(s) including those on our Link to Us page to link back to our Site, unauthorized copying or duplication of the services in any manner, including software that has been modified, merged, or included with the services, or the written materials associated therewith is expressly forbidden. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the services received thereunder. Any attempt to sublicense, transfer, sell, or assign this license is void.

Unauthorized access to subscription areas of the Site by non-subscribed Users is prohibited.

LIMITATION OF LIABILITY AND WARRANTY YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KMS&T, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

KMS&T'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT FOUND TO BE DEFECTIVE OR RETURN OF YOUR MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION WITH US.

NEITHER KMS&T, INC. NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES ON THE SITE.

SERVICE MARKS AND TRADEMARKS

KMS&T.com, KMS&T, kmsandt.com are all service marks and/or trademarks of KMS&T, Inc. Other trademarks appearing on the Site are trademarks of their respective owners. Except as permitted through our Link to Us page and our partners page, you shall not display, disparage, dilute, or taint our trademarks and service marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our service marks or trademarks by you or your classroom shall inure to the benefit of KMS&T.

INDEMNIFICATION

Upon our request, you agree to defend, indemnify and hold us harmless from any dispute that may arise from your breach of the terms of this Agreement. You agree to hold KMS&T and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including the Rules of Conduct or any information, software, files, messages, or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.

TERMINATION OF SERVICE

User may terminate this Agreement and User's right to use our Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site.