Please read these terms and conditions before using this site.

Last Updated: April 24, 2012

Don Johnston Incorporated offers and provides this interactive web service on the world wide web portion of the Internet (“Website”), also known or collectively referred to herein as the “Start to Finish Services,” and the information, products, and services available on this Website, subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. Don Johnston Incorporated reserves the right to change these terms and conditions, and the information, products, and services mentioned in this Website at any time, at its sole discretion, without notice. Don Johnston Incorporated reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

The following guidelines are provided for the use of this Website, Start to Finish Services, the Don Johnston Incorporated software and copyrighted materials, such as display or screen shots, images, box shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by Don Johnston Incorporated and provided under license.

BRIEF SUMMARY

Passwords: Do not share passwords. You are responsible for any activity that occurs with your password and user name. Don’t share it. This is the only way for you to guarantee your account security. Do not log in using fictitious names unless given permission for specific purposes such as professional development. Do not upload any materials that contains illegal content, viruses, malware or promotional materials.

Don Johnston Property: Start to Finish services contains intellectual property protected by copyright and trademark laws. Our terms do not grant you the right to use our trademarks, web domains or other product features.

Fine Print:  The complete terms and conditions of this Legal Terms, Use, & Conditions is set forth below. If you have not already done so, please review the License Agreement that also governs your use of this Website, Start to Finish services and Don Johnston Incorporated software. You can contact your District administrator for a copy of this document or click on the following link to request a copy from Don Johnston Incorporated info@donjohnston.com. These documents clearly specify all the terms that you are responsible for and that the lawyers will use if there is any question!

TERMS AND CONDITIONS

1. Copyright Notice
All of the information and material contained in this Website, Start to Finish Services, and the Don Johnston Incorporated software is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of Don Johnston Incorporated material or licensed material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).

2. Trademark Notice
The names Don Johnston Incorporated, Don Johnston logo, Start to Finish, are registered, pending or common law trademarks of Don Johnston Incorporated. All reference to other brands and products appearing on this site are trademarks of their respective owner.

3. Disclaimers
This Website may be distributed internationally and may contain references to products and services that have not been released in your country. These references do not guarantee that Don Johnston Incorporated intends to release those products and services in your country.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND DON JOHNSTON INCORPORATED, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND THAT USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE START TO FINISH SERVICES, WEBSITE, AND SOFTWARE AND AGREE NOT TO USE THE START TO FINISH SERVICES, WEBSITE, OR SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR. The Start to Finish Services, Website, and Software are provided “AS IS” and without warranty of any kind and DON JOHNSTON INCORPORATED EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DON JOHNSTON INCORPORATED DOES NOT WARRANT INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE CONTENT, START TO FINISH SERVICES, WEBSITE, or SOFTWARE OR THAT THE FUNCTIONS CONTAINED IN THE WEBSITE CONTENT, START TO FINISH SERVICES, WEBSITE, or SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE CONTENT, START TO FINISH SERVICES, WEBSITE, and SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE START TO FINISH SERVICES, WEBSITE, OR SOFTWARE WILL BE AVAILABLE AT ALL TIMES, OR THAT DEFECTS IN THE WEBSITE CONTENT, START TO FINISH SERVICES, WEBSITE, OR SOFTWARE WILL BE CORRECTED. The entire risk as to the results and performance of the Website Content, Start to Finish Services, Website, and Software is assumed by You. FURTHERMORE, DON JOHNSTON INCORPORATED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE Website Content, START TO FINISH SERVICES, WEBSITE, or SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DON JOHNSTON INCORPORATED OR DON JOHNSTON INCORPORATED’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE WEBSITE CONTENT, START TO FINISH SERVICES, WEBSITE, AND SOFTWARE PROVE DEFECTIVE, YOU (AND NOT DON JOHNSTON INCORPORATED OR DON JOHNSTON INCORPORATED’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY HERE. Furthermore, You agree that Don Johnston Incorporated shall not be responsible or liable in any manner for any User Content that is uploaded or posted on the Website or in connection with the Start to Finish Services. Don Johnston Incorporated does not control and is not responsible for what You or other Users upload or post on or through the Start to Finish Services and the Website and is therefore not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that You may encounter on the Website or in connection with any User Content. You also agree that the Don Johnston Incorporated shall not be responsible in any manner whatsoever for Your conduct with respect to the Website, Start to Finish Services, or software.

4. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DON JOHNSTON INCORPORATED, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF OR RELATING TO THE WEBSITE CONTENT, START TO FINISH SERVICES, OR SOFTWARE OR YOUR USE, YOUR RELIANCE ON THE WEBSITE CONTENT, START TO FINISH SERVICES, OR SOFTWARE MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT, START TO FINISH SERVICES, OR SOFTWARE OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF DON JOHNSTON INCORPORATED OR DON JOHNSTON INCORPORATED’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall DON JOHNSTON INCORPORATED’S total liability to You for all damages, losses, and any cause of action whatsoever (whether in contract, tort (including negligence) or otherwise) exceed the price paid by You for the use of the Website Content, START TO FINISH SERVICES, OR SOFTWARE. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE WEBSITE CONTENT. DON JOHNSTON INCORPORATED ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE CONTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

This Website may contain links to third party sites on the Internet that are not under the control of Don Johnston Incorporated. Don Johnston Incorporated is not responsible for the content or availability of any linked third party sites.

5. Download Notice
Any software and accompanying documentation that is available to download from this Website are the copyrighted work of Don Johnston Incorporated. Use of this software is governed by the terms of license agreement(s) as well as any specific guidelines, which accompanies such software. If you download any materials from this Website, you agree to be bound by the license terms as well as the specific guidelines related to the materials you wish to download. If you do not agree to the terms of such license agreement(s), you will not be able to use, download, install, or use the software.

You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way except as expressly authorized by Don Johnston Incorporated in the License Agreement.

You acknowledge that Don Johnston Incorporated reserves the right to revoke the license, authorization to view, download, and print the materials available on this Website at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site. You will, however, still be responsible for any and all license fees incurred to date.

You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Don Johnston Incorporated copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.

6. Website Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Start to Finish Services or Website (“Submissions”), provided by you to Don Johnston Incorporated are non-confidential and shall become the sole property of Don Johnston Incorporated. Don Johnston Incorporated shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques, without acknowledgment or compensation to you.

In addition, You are prohibited from using the Website, Start to Finish Services, or software in the following manner:

(a) use the Website Content, Start to Finish Services, or software in any unlawful manner or in any other manner that may cause damage or disruption to the Website;
(b) register an account for any other person, group, or entity other than themselves, or create a false or fictitious account;
(c) use or attempt to use the Website Content, Start to Finish Services, or software under another User’s account;
(d) obtain personal information from any other User of the Website Content, Start to Finish Services or software for commercial or other unlawful purposes;
(e) obtain contact information regarding other Users of the Website Content, Start to Finish Services or the software, whether directly or indirectly from another User or by any other means, for the purpose of sending unsolicited emails or communications;
(f) threaten, intimidate or harass any other User;
(g) upload, post, or otherwise make available:

(1) any content that Don Johnston Incorporated deems to be libelous, defamatory, abusive, inflammatory, harassing, hateful, vulgar, obscene, harmful, fraudulent, threatening, infringe the privacy or publicity rights of another, or racially, ethnically offensive, or otherwise deemed objectionable, infringing, or unlawful;
(2) any content that is used for unsolicited or unauthorized advertising including but not limited to “junk mail,” “spam,” “chain letters,” or any other improper type of advertising or solicitation;
(3) any unauthorized content of any third party;
(4) any unauthorized content which violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
(5) any content that contains software viruses, trap doors, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website Content, Start to Finish Services, or software or any other computer software or hardware of another;
(6) any content that would foster, constitute, or enable a crime or other criminal offense; and/or
(7) any content that, in the sole judgment of Don Johnston Incorporated, is objectionable or which prevents, in any manner, another User from using the Website Content, Start to Finish Services, or Software and/or which may expose Don Johnston Incorporated or its Users to any harm or liability of any type.

7. Duty to Back Up Computer System, Data, and User Content
YOU AGREE THAT IT IS YOUR RESPONSIBILE TO MAINTAIN BACKUP COPIES OF YOUR COMPUTER SYSTEM AND ANY AND ALL DATA OR ELECTRONIC FILES OF INCLUDING BUT NOT LIMITED ANY AND ALL DOCUMENTS, INFORMATION, PROGRAMS, USER CONTENT, OR OTHERWISE THAT ARE USED, POSTED, STORED, OR HOSTED BY DON JOHNSTON INCORPORATED, OR OTHERWISE USED IN CONJUNCTION WITH THE WEBSITE, START TO FINISH SERVICES, AND SOFTWARE (“DATA”). YOU FURTHER AGREE THAT DON JOHNSTON INCORPORATED IS NOT RESPONSIBLE FOR ANY DATA (AS DEFINED HEREIN).

8. Family Educational Right to Privacy Act.
You agree to comply with the Family Educational Right to Privacy Act (Buckley Amendment), 20 U.S.C. § 1232g, where applicable.

9. License Agreement
In addition to the terms and conditions contained herein in this Legal Terms, Use & Conditions document, Your use of this Website, Start to Finish Services, the Don Johnston Incorporated software and copyrighted materials is further governed by the License Agreement entered into with Don Johnston Incorporated by your District and you agree that this License Agreement has been made available to you, you have read and understand the terms and conditions of this License Agreement, and agree to be bound by them.

10. Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, this Website shall be governed by, construed and enforced in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You likewise further consent to jurisdiction of the courts of the State of Illinois with respect to any claim or dispute arising out of or relating to your access to, or use of, this Website.

Don Johnston Incorporated makes no representation that information on this Website are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.

11. Export Control Laws
All products, software, documentation and information available on this Website are subject to export controls administered by the United States, and other countries. Diversion contrary to U.S. law, where applicable, is strictly prohibited. Export, re-export or import of certain products, software, documentation and information may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, provincial, state, regional and local laws, and regulations, including any applicable import and use restrictions. By downloading or using product from this Website, you are agreeing to the foregoing and all applicable export control laws.

12. Updates or Changes
Don Johnston Incorporated reserves the right to change these terms and conditions at any time, at its sole discretion, without notice. When Don Johnston Incorporated updates or changes this document, Don Johnston Incorporated will also revise the “Last Updated” date at the top of this document. For material changes to this Legal Terms, Use & Conditions document, Don Johnston Incorporated shall notify you by placing a prominent notice on the home page of its Don Johnston Incorporated Web Site. Don Johnston Incorporated encourages you to periodically review this document to stay informed about the terms and conditions of your use of the Don Johnston Incorporated Web Site. Your continued use of the service constitutes your agreement to this Legal Terms, Use & Conditions and any updates.

13. Contact Information
Don Johnston Incorporated welcomes your comments regarding the legal terms. If you have any questions or comments regarding the legal terms, please contact us electronically or via postal mail at the address provided below and Don Johnston Incorporated will use commercially reasonable efforts to promptly determine and remedy the problem.

Don Johnston Incorporated Legal Terms
Don Johnston Incorporated
26799 W. Commerce Drive
Volo, Illinois 60073

14. Contact Website
For any information regarding Legal Terms, Use & Conditions, please contact info@donjohnston.com.

For any information regarding this Website, please contact support@donjohnston.com.

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