Agreement Between You and The School Boards
The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers and notices contained herein. Use of the content, services, and/or products presented in any and all areas of the Web Site constitutes your agreement that you will not use the Web Site for any unlawful purpose and that you will abide by the following terms and conditions and those posted in specific areas of the Web Site. This agreement between you and The School Boards (hereinafter "Agreement") is effective until terminated by The School Boards, and may be terminated or changed by The School Boards at any time without notice.
You are responsible for your use of the Web Site, for any Content you post to the Web Site, and for any consequences thereof. The Content you submit, post, or display can be viewed and be used by other users of the Web Site and third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
The Web Site is always evolving, and the form and nature of the Web Site may change from time to time without prior notice to you. In addition, The School Boards may stop (permanently or temporarily) providing the Web Site (or any features within the Web Site) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
As part of providing you the Web Site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Web Site and your TSB account (if you have one), which you may not be able to opt-out from receiving.
User Registration and Account Security
You are required to create an account with The School Boards if you want to use certain parts of the Web Site. In order to create an account with The School Boards, you must register with The School Boards and supply certain personal information (requirements can be modified from time to time) such as your birth date, a valid email address, your full name, a user name and a password. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Web Site, to any third party. You are also solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Web Site.
In consideration for using the Web Site, you agree to the following:
- You will not provide any false personal information on The School Boards, or create an account for anyone other than yourself without permission.
- You will not use The School Boards if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
The School Boards reserves the right to terminate your account immediately and your right to use the Web Site if you fail to comply with any of the above requirements. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Restriction on Use of the Web Site or Content
The School Boards grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify the Web Site, or any portion of the Web Site, except with The School Boards' express written consent. The foregoing license does not include any resale or commercial use of the Web Site or Content; any derivative use of the Web Site or Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site, Content or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without The School Boards' express written consent. Use of the Web Site that constitutes abuse shall be determined by The School Boards, in its sole discretion. The School Boards reserves the right to terminate your account if The School Boards determines you have not complied with these Terms.
Content Submitted to or Posted on The School Boards
We may not monitor or control the Content posted via the Web Site and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Web Site or obtained by you through the Web Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Web Site or endorse any opinions expressed via the Web Site. You understand that by using the Web Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The School Boards be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Web Site or broadcast elsewhere.
You acknowledge and agree that we reserve the right (but have no obligation) to:
- Evaluate and monitor the submission and posting of any Content
- Alter, remove, or refuse to post or allow to be posted or stored any Content
- Terminate users or reclaim usernames
- Disclose any Content or any communication through the Web Site, and the circumstances surrounding the transmission thereof, to:
- Any third party in order to operate the Web Site;
- Comply with applicable laws, valid legal process, or government request;
- Respond to governmental inquiries or requests;
- Protect the rights, privacy, safety or property of The School Boards, its users or the public;
- Permit us to pursue available remedies or limit the damages that we may sustain;
- Detect, prevent, or otherwise address fraud, security or technical issues; and
- Enforce the Terms, including investigation of potential violations hereof.
You retain your rights to any Content you submit, post or display on or through the Web Site. By submitting, posting or displaying Content on or through the Web Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for The School Boards to make such Content available to other companies, organizations or individuals who partner with The School Boards for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by The School Boards, or other companies, organizations or individuals who partner with The School Boards, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Web Site.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Web Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. The School Boards will not be responsible or liable for any use of your Content by The School Boards in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
The School Boards' Rights
All right, title, and interest in and to the Web Site (excluding Content provided by users) are and will remain the exclusive property of The School Boards and its licensors, if there are any. The Web Site is protected by laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use The School Boards name or any of The School Boards trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The School Boards, or the Web Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Community Standards and Conduct
In order to effectively provide the Web Site, there are standards and good conduct that we strive to maintain in order to provide a better experience for users. We may need to change these rules from time to time and reserve the right to do so and take action against any violation of our Terms.
You may not do any of the following while accessing or using the Web Site:
- Post, transmit, or otherwise make available, through or in connection with the Web Site:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortuous; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Impersonate others through the Web Site in a manner that does or is intended to mislead, confuse, or deceive others.
- Publish or post direct, specific threats of violence against others.
- Use the Web Site for any unlawful purposes or for promotion of illegal activities.
- Access, tamper with, or use non-public areas of the Web Site, The School Boards' computer systems, or the technical delivery systems of The School Boards' providers.
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- Access or search or attempt to access or search the Web Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The School Boards (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with The School Boards.
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Web Site to send altered, deceptive or false source-identifying information.
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Web Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Web Site.
- Attempt to gain unauthorized access to The School Boards, other accounts, computer systems or networks connected to The School Boards, through password mining or any other means.
- Engage in any other conduct which, in The School Boards' sole discretion, is considered inappropriate, unauthorized or objectionable.
You must not use any feature of the Web Site for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement that is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by The School Boards. If you use any feature of the Web Site for the purpose of sending Spam, The School Boards reserves the right to immediately terminate your access to the Web Site and to seek appropriate legal recourse, as necessary. If you believe that other users are using the Web Site for Spam, please report abuse by flagging any posting that appears to be Spam for The School Boards' review or by emailing The School Boards at support [at] theschoolboards.com. Please note that by using the Web Site, you are consenting to receive, and authorizing The School Boards to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
Use of Communication Services
The Web Site may include message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services") and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. The School Boards has no obligation to monitor the Communication Services. However, The School Boards reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The School Boards reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The School Boards reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The School Boards' sole discretion.
Links to Third Party Sites
The Web Site may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.
Your Contact with Advertisers or Third Party Vendors
Third parties other than The School Boards and its affiliates operate stores, provide services, advertise, or sell products through our website. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the Web Site, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. The School Boards does not make any representations or warranties with respect to any goods or websites that may be obtained from such third parties, and you agree that The School Boards will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our website or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which The School Boards has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or websites.
Contact and Transactions with Organizations or Individuals
The School Boards shall not be liable for your interactions with any organizations and/or individuals found on or through the Web Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. The School Boards reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Web site.
You agree to indemnify, defend and hold harmless The School Boards and any of its subsidiaries, affiliates, officers, owners, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands (including, but not limited to, attorneys' fees) arising from (i) your use of The School Boards, including, but not limited to, all the Web Site therein and any products or services obtained by you through the Web Site; (ii) the violation of these Terms by you; (iii) the infringement by you (or other user of the Web Site using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation in the United States or your country of jurisdiction.
The School Boards respects the intellectual property rights of others and expects users of the Web Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. You can submit requests to support [at] theschoolboards.com with relevant details such as:
- Signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information including your full name, address, telephone number, and an email address;
- Statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, The School Boards will also terminate a user's account if the user is determined to be a repeat infringer.
Use of The School Boards outside of the United States
The School Boards is controlled and operated from the United States, and is not our intent to subject The School Boards to the laws or jurisdiction of any territory other than that of the United States. The School Boards does not represent or warrant that the Web Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Web Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Web Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Waiver and Severability
The failure of The School Boards to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SCHOOL BOARDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE WEB SITE. THE SCHOOL BOARDS MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE SCHOOL BOARDS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE SCHOOL BOARDS DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO THE SCHOOL BOARDS FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. THE SCHOOL BOARDS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE WEB SITE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE WEB SITE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE WEB SITE. THE SCHOOL BOARDS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SCHOOL BOARDS OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE SCHOOL BOARDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE SCHOOL BOARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE WEB SITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH THE SCHOOL BOARDS OR A THIRD PARTY THROUGH THE USE OF THE WEB SITE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE WEB SITE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT THE SCHOOL BOARDS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE WEB SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Web Site will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding The School Boards, please send an email to support [at] theschoolboards.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Modifications to this Agreement
The School Boards may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site, you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the Web Site, you may contact us at support [at] theschoolboards.com.