Welcome to the eSCORE.com Web site (the "Site"), the official Web site of SCORE! Educational Centers, Inc. and its parents and affiliates (hereinafter "SCORE!"). Please read the terms of use carefully before using the Site. By using the Site, you signify your consent and agreement to these terms. SCORE! may at its sole discretion change these terms and conditions from time to time. Upon any change in the terms and conditions of the Site and/or Privacy Policy, SCORE! will notify you by posting the notification on the site. Your continued use of the Site indicates your acknowledgement of and agreement to any such modifications.

You agree and continue to agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. SCORE! reserves the right to block or terminate any user membership for any reason whatsoever.

1. COPYRIGHT--RESTRICTIONS ON USE OF MATERIALS

No material from SCORE! or any Web site operated, licensed, or controlled by SCORE! may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of SCORE! copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. You acknowledge that SCORE! remains the owner of the posted materials, and that you do not acquire any of those ownership rights by downloading copyrighted material.

2. DISCLAIMER, LIMITATION OF LIABILITY, AND WARRANTY

YOU AGREE THAT USE OF ANY OR EVERY PART OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SCORE SITES ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCORE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCORE DOES NOT WARRANT THAT THE SITE OR MATERIALS IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR THE SITES PROVIDED THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT AS USERS OF THE SCORE SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT SCORE HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST SCORE WITH RESPECT TO SUCH SITES.

This disclaimer of liability applies to any direct or indirect damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

You specifically acknowledge that SCORE! 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.

Neither SCORE! nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the Site, or inability to gain access to or use the Site, or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.

3. CONFIDENTIALITY AND SECURITY

You are entirely responsible for any and all information that you submit to the site. You agree to immediately notify SCORE! of any unauthorized submission of your information to the Site.

We will take all commercially reasonable steps to prevent third parties from illegally accessing the information that you send us. However, there is always some risk that a third party will improperly access your information during your use of the Site. By using this Site you agree to accept this risk and agree to hold SCORE! harmless from any claims resulting from improper access to your information.

4. TRADEMARKS & COPYRIGHT

Trademarks:^† SCORE!, the Jumper character/symbol, the SCORE!, SCORE! Educational Centers, and other symbols and graphic elements in and on the Site are the registered trademarks of SCORE! Educational Centers, Inc., Score Learning, Inc., and their affiliate companies.^† Elements of this web site are protected by trade dress and other laws, and this web site and its contents may not be copied or imitated in any way without the express written consent of SCORE.

Copyright:^† 1999-2004 SCORE! Educational Centers, Inc.^† All rights reserved.^† The contents of the Site, including but not limited to text, graphics, and icons are copyrighted materials owned or controlled by SCORE! and its affiliate companies.^† You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring SCORE! services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials.^†

5. INDEMNIFICATION

You agree to indemnify SCORE! and its respective employees, agents, and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your submissions, from your unauthorized use of materials obtained through the Site, or from your breach of the terms of this Agreement, or from any such acts through your membership account, your equipment, and your facilities. You further agree that SCORE! is not responsible, and shall have no liability to you, with respect to any material posted by others.

6. ADDITIONAL SPECIFIC RELEASE OF LIABILITY

Your participation in this Site therefore is solely at your own risk. In addition, you hereby release and agree to hold SCORE!, its directors, officers, employees, agents, successors, and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by the advisors. You agree to fully indemnify and hold SCORE!, its directors, officers, employees, agents, successors, and assigns, and separately and individually, the advisors accessed through the Site, harmless from any and all claims, demands, losses, liabilities, damages, or expenses for investigation or reasonable attorney's fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of SCORE! or from some other cause. Furthermore, SCORE!'s aggregate liability arising under or with respect to your use of the Site shall in no event exceed the total fees paid by you to SCORE!.

7. OTHER

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving any effect to any principles of conflicts of law. Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all previous agreements. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.

I understand and agree to the Terms of Site and want to access the Site.