TRIO Quest Terms and Conditions for Participants

Each student and coach should print out the Terms and Conditions below, sign it, and give it to the program contact. Program contacts should keep these forms on file.

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TRIO THINKQUEST TERMS AND CONDITIONS

Introduction

Thank you for choosing to view and use materials hosted on the TRIO Quest Program site. The TRIO Quest site contains information about the TRIO Quest Program and hosts numerous web sites created by student participants in the TRIO Quest Program ("TRIO Quest Materials"). You must agree to the Terms and Conditions in order to
participate in the TRIO Quest Program. If you are a minor (generally less than 18 years of age), your parent or guardian must approve your participation in the TRIO Quest Program. If your TRIO program has a signed form from your parent or guardian stating that you may participate in all activities of the program, that will be accepted in lieu of their
signature on this document.

TRIO Quest Materials include web sites created by pre-collegiate students from around the world. These web sites are designed to stimulate your thinking, but they may not necessarily be authoritative sources of information. Like all pre-college students, TRIO Quest participants are not yet professionals in any field. These web sites may also contain contributions from viewers who are unknown to the TRIO Quest staff or any TRIO Quest participant. You should bear this in mind whenever you use any TRIO Quest Materials, and you should not rely on any of these materials without conducting your own research or consulting an expert in the field.

Terms and Conditions

General Conditions. You agree (a) to comply with U.S. law, any other applicable law, and these Terms and Conditions ("Terms"), regarding your use of any data or other materials that are part of the TRIO Quest Materials, (b) not to use any TRIO Quest Materials for any illegal purpose or in a manner not authorized by these Terms, and (c) not to interfere with or disrupt networks connected to, or hosting, TRIO Quest Materials.

Access Outside the United States. If you access the TRIO Quest Materials from outside the United States, you are responsible for complying with non-U.S. and local laws and with United States export laws.

Intellectual Property. (1) TRIO Quest Materials are protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the US and other countries. TRIO Quest Materials are also protected as a collective work or compilation under US copyright and other laws and treaties. You acquire no rights or licenses in or to any TRIO Quest Materials other than the limited right to use these materials in accordance with these Terms. You agree to abide by all posted copyright notices or restrictions relating to TRIO Quest Materials.
(2) Coaches of Quest teams must also agree to the following term: The material your team submits must be either the team's original material or something that the team has the right to use for its purposes. If the material is not the team's original material, then you as the Coach warrant that, to the best of your knowledge, (a) your team has obtained written permission to use the material from the copyright owner, (b) the material is in the public domain, or (c) you have concluded in good faith that your team's use is a fair use under US copyright law. You further warrant that to the best of your knowledge your team's materials contain nothing that is libelous or defamatory, or that infringes the statutory or common law rights of any third parties in any part of the world.

Restrictions on Use. TRIO Quest Materials have been developed by Quest, the University of Washington, TRIO Quest participants, and Contributors who have consented to having their materials included in TRIO Quest Materials. You agree to use TRIO Quest Materials solely for your own non-commercial use and benefit, and not for resale or for the benefit of, any other person or entity. YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE TRIO THINKQUEST PROGRAM MATERIALS, EXCEPT THAT YOU MAY DOWNLOAD TRIO THINKQUEST MATERIALS AND MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, IF YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.

Contributions. By contributing materials in any form to TRIO Quest, (a) you warrant that you have all necessary intellectual property rights in the contributions that you have provided, (b) you authorize the University of Washington and TRIO Quest participants to use, and to authorize others to use, the contributions without limitations, (c) if the University of Washington publishes your materials or posts your materials on the web, you authorize the University of Washington to edit your materials for spelling and punctuation, or for materials that the University considers offensive or inappropriate for the purposes of TRIO Quest, (d) you represent that all materials are suitable for use in schools by students aged 12 through 19, and (e) you authorize the University of Washington to use your name and likeness in conjunction with your materials.

Disclaimers of Warranties. (1) TRIO Quest materials are provided "AS IS," and you agree to use TRIO Quest Materials and the sites hosting those materials at your sole risk. Neither the University of Washington nor any TRIO Quest participant or contributor to TRIO Quest Materials (a) makes any warranty to you of any kind, express or implied, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use, or (b) guarantees the accuracy, completeness, usefulness, or adequacy of any TRIO Quest Materials.
          (2) Neither the University of Washington, nor any TRIO Quest participant or contributor warrants that TRIO Quest Materials are compatible with your equipment or are free of errors or viruses, worms or "Trojan Horses," and neither the University of Washington nor any TRIO Quest participant or contributor shall be liable for any damage you may suffer as a result of your access to or use of TRIO Quest Materials.
           (3) The University of Washington does not maintain or control other web sites that may be linked to the TRIO Quest site. The University of Washington is not responsible for the availability or content of any other sites, services, or goods that may be linked to TRIO Quest Materials. The University of Washington does not make any warranty, express or implied, concerning the links available from TRIO Quest Materials, or endorse any other web site that may be linked to the TRIO Quest Materials.

Limitation of Liability. Neither the University of Washington nor any TRIO Quest participant or contributor shall be responsible or liable to you or any other person using TRIO Quest Materials for any injury or damage, whether caused by the negligence of the University of Washington or any contributor to TRIO Quest Materials, or the employees or agents of either, or otherwise arising in connection with TRIO Quest Materials. Further, none of them shall be liable for any lost profits, revenue, or business, or for punitive, direct, indirect, incidental, consequential, special, or exemplary damages or any claim against any party. Additionally, neither the University of Washington nor any TRIO Quest participant or contributor shall be liable to you or any person for any fault or other failure of TRIO Quest Materials that damages any of your property.

Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless the University of Washington and the TRIO Quest participants against any claim, suit, action, or other proceeding brought by a third party against the University of Washington or its employees and agents, or the participants or their employees and agents, to the extent that such claim, suit, action, or other proceeding is, in whole or in part, based on or arises in connection with your use of or contributions to TRIO Quest Materials.

Governing Law and Arbitration. These Terms shall be governed and construed in accordance with the laws of the United States and the State of Washington. Venue of any lawsuit relating to this Agreement shall be in King County, Washington. Any unresolved dispute, controversy, or claim arising out of or relating to this Agreement shall, upon the request of the University of Washington, be submitted to and settled by arbitration to be conducted in Seattle, Washington, pursuant to the rules of the American Arbitration Association. The expenses of the arbitration shall be borne equally by the parties, but each party shall pay for the costs of its own counsel, witnesses, and other personal expenses.

Modification of Terms. The University of Washington reserves the right to modify these Terms at any time within its sole discretion. You accept these modifications by continuing to use any TRIO Quest Materials after these modifications have been posted on the TRIO Quest Program site. If, at any time, you do not accept these Terms, you may no longer use the TRIO Quest Materials.

Severability. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.

Entire Agreement. These Terms constitute the entire agreement between you and the University of Washington concerning the subject matter of this agreement.

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Signature of student or coach         Date