The Website Services are offered and available to users who are 18 years of age or older, or legally emancipated minors, or school district personnel with requisite authority. By using the Website Services, you represent and warrant that you are of legal age, and have the property authority, if applicable, to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website Services.
Accessing Website Services and Account Security
We reserve the right to withdraw or amend the Website Services, and any service or material we provide on or through the Website Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website Services, or the entire WebsiteServices, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
Additionally, you agree not to:
The Website Services may contain personal pages or profiles and other interactive features that allow you to upload and post content or materials regarding you, and, if applicable, your children (collectively, “User Content”) on or through the Website Services.
By providing any User Content to the Website Services, you grant us and our respective licensees, successors and assigns, on behalf of yourself, and, if applicable, your children, the right to distribute and otherwise disclose User Content to third parties you authorize.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website Services.
Various information security laws, regulations, and industry standards apply to us and the data we handle.
Federal and state laws protect your (and, if applicable, your children’s’) personal information, such as Social Security numbers, driver's license numbers, financial account information, health information and other sensitive data. Most states have enacted breach notification laws that require organizations to notify affected individuals if personal information is lost or accessed by unauthorized parties. Some states have enacted data protection laws that require organizations to protect personal information.
We are committed to complying with applicable laws, regulations, and standards governing the information we receive from you.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS YOU OR YOUR CHILDREN MAY HAVE RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the Website Services
We may update the content on the Website Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Content
Disclaimer of Warranties
YOUR USE OF THE WEBSITE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU OR YOUR CHILDREN, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT YOU UPLOAD TO OR ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Third Party Technology
YOU ACKNOWLEDGE THAT THERE MAY BE PARTICULAR SERVICES, SOFTWARE, DEVICES OR OTHER TECHNOLOGY THAT COMPANY RECEIVES FROM THIRD PARTIES, INCLUDING HOSTING OF DATA ON THIRD PARTY SERVERS. COMPANY SHALL NOT BE HELD RESPONSIBLE FOR INTERRUPTIONS IN SERVICE, DATA LOSS OR BREACH DUE TO ANY FAILURE OR LOSS CAUSED BY OR RESULTING FROM SUCH THIRD PARTY SERVICES, SOFTWARE, DEVICES OR OTHER TECHNOLOGY. WE WILL NOTIFY YOU IN ACCORDANCE WITH APPLICABLE LAW IN THE EVENT OF A DATA LOSS OR BREACH.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
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