TERMS AND CONDITIONS OF USE AGREEMENT
Read these Terms and Conditions before using or registering on the SCHOOLOUTFITTERS.COM Web site. Your access to and use of this site is provided subject to this Terms and Conditions of Use Agreement (“Agreement”).
Effective Date: This Agreement was last updated on, and is effective as of December 3, 2010.
The Web site is owned and operated by Schoolhouse Outfitters, LLC (“We”, “Us”, the “Company” or “School Outfitters”). We would like to thank you for using our Site and services.
This Agreement sets forth the standards of use of the SCHOOLOUTFITTERS.COM Web site and the School Outfitters blog site (collectively, the “Site” or “SCHOOLOUTFITTERS.COM”) for Registered Members and users. By using any part of SCHOOLOUTFITTERS.COM, you (the “Member” or “you”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of SCHOOLOUTFITTERS.COM.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the SCHOOLOUTFITTERS.COM site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
I. Description of Service
With this Site, we provide the ability to purchase school furniture at great prices. We also provide a blog for educators and our customers to connect with each other and with us. In order to post a comment or blog posting, users must register on the Site and become a Member. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection. You are not permitted to use this Site if you are under the age of 13.
This site is intended for use within the United States. We make no representation that such services are appropriate or available for use in other locations. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local U.S. laws are applicable.
III. Disclaimer of Warranties and Limitation of Liability
WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE.
THE SITE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCHOOLOUTFITTERS.COM, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS, MEMBERS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OUR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR USER CONDUCT, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT UNDER ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE, EXISTING AS OF THE DATE OF THIS AGREEMENT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE.
IN NO EVENT WILL OUR LIABILITY OR THE LIABIILITY OF OUR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $10.00.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
IV. Modifications and Interruption to Service
We reserve the right to modify or discontinue the Site or any part of it with or without notice to the Member. We shall not be liable to Member or any third party should we exercise our right to modify or discontinue the Site. Member acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
V. Members’ Account
All Members of the Site shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify us of any unauthorized use of Member’s account or any other breach of security known or which should be known to the Member. Member’s right to use the Site is personal to the Member. Member agrees not to resell or make any commercial use of the Site without our express written consent.
VI. Intellectual Property
You own all of the content and information you post on the Site, and you can control how it is shared through your privacy settings. We own all of the content and information that we post to the site, including without limitation all trademarks and copyrights for materials and text we post to the Site.
For content that is covered by intellectual property rights, like photos, videos and audio (“IP content”), subject to your privacy settings, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
VII. Your Responsibilities
You acknowledge that you are responsible for whatever material you submit, including its legality, reliability, appropriateness, originality, or copyright. If we make available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
You will not use the Site if you are under the age of 13.
Without limitation, you may not submit or transmit through this Site any material, or otherwise engage in any conduct that:
(1) violates or infringes the rights of School Outfitters or others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
(2) is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts,
(3) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, or other characteristics protected by applicable state or federal law,
(4) impersonates any person, business or entity, including School Outfitters and our employees and agents,
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,
(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
(7) violates these Terms and Conditions of Use, guidelines or any policy we post on the Site, or
(8) interferes with the use of the Site by others.
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of this Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions of Use.
You take full responsibility and liability for the content and for any mistakes, discrimination, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter.
Member agrees to indemnify and hold us, our parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, Member’s violation of this Agreement, or infringement by Member, or other user of the Site using Member’s computer and/or account, of any intellectual property or any other right of any person or entity.
Your right to use the Site automatically terminates if you violate these Terms and Conditions of Use or any rules or guidelines posted in connection with the Site. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
XI. Third-Party Sites
XII. Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
XIII. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, employee, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
XIV. Copyright and Trademark Information
Consistent with § VI, all content posted to the Site by or at the direction of School Outfitters, including names, images, logos and pictures identifying services of School Outfitters or any of its Web sites, site design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of the School Outfitters protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of School Outfitters, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of School Outfitters.
SCHOOL OUTFITTERS and our other trademarks, service marks, and logos are proprietary marks of School Outfitters and may not be used in connection with any product or service that is not provided by School Outfitters, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us or SCHOOLOUTFITTERS.COM.
XV. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as its agent for receipt of notifications of claimed copyright infringement.
School House Outfitters, LLC
Attn: David Horn
3736 Regent Avenue
Cincinnati, Ohio 45212
Telephone: (800) 260-2776
We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
XVII. Other Terms