Terms of Use
PLEASE READ THE COMPLETE AGREEMENT THAT FOLLOWS:
Acceptance
Welcome to School Calendars Now web site. These Terms of Use govern your use of schoolcal.org (the "Site"). By visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use visit or browse the Site. These Terms of Use constitute a binding legal agreement between you and School Calendars Now ("SCN," "we," "us," and "our"). Please read them carefully before accessing or using the Site. By entering your personal information on the Site, you agree that you are at least 18 years old.
2. Modifications
We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
3. Trademark; Copyright
All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of SCN. Any trademarks not owned by SCN that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SCN. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, and data compilations is the property of SCN, its licensors, or its collaborators, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
4. Usage Guidelines and Restrictions
You agree not to use the Site to upload, post, send email to, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party, or intentionally or unintentionally violate any applicable local, state, national, or international law, "stalk" or otherwise harass another, or collect or store personal data about other users; or use any automated means to access the Site or collect any information from the Site including, without limitation, robots, spiders, or scripts; or frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
5. Privacy
Any information, including User Content, submitted on the Site, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please review our Privacy Policy carefully. Except as provided in our Privacy Policy, SCN will not disclose your personally identifiable information (ȁCUser ContentȁD) to third parties without your express written permission, or where we believe, in good faith, that the law requires us to disclose the information.
6. Disclaimers of Warranties; Limitations on Liability
The Site (including all Content) is provided "as is"; SCN makes no representations or warranties of any kind with respect to the Site, or any contents therein. SCN assumes no liability or responsibility for any errors or omissions in providing the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. SCN expressly disclaims all representations and warranties relating to the software, the services, the content, and the site, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, SCN does not represent or warrant that the information on or accessible via the Site is complete or current.
7. Limitations on Liability
SCN AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. SCN AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SCN AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
8. Indemnity
You agree to indemnify and hold SCN, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, including without limitation these Terms of Use.
9. Third Party Software
Portions of the logging features of this Site were licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License here. See the License for the specific language governing permissions and limitations under the License. Portions of the voting feature of this Site were licensed from Intand Corporation, and you may not use this feature except with permission from Intand. Unless required by applicable law or agreed to in writing, the Site is delivered on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
10. Links and Advertising
We may provide, or third parties may provide, links to other web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. SCN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
11. Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
12. Release
In the event that you have a dispute with one or more users of the Site, you release SCN (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
13. General
SCN's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site, you consent to receiving electronic communications from SCN. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. SCN is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use compose the entire agreement between you and SCN and supersede all prior agreements between the parties regarding the subject matter contained herein.
Questions
Please contact us with any questions regarding these Terms of Use.
