School Wishes Registration

User Agreement

SCHOOL WISHES TERMS OF USE:
 
BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE SIGN UP PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF SCHOOL WISHES ONLINE SERVICE (THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A K-12 PUBLIC OR PRIVATE SCHOOL RESIDING IN THE UNITED STATES, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
 
        As part of the Service, School Wishes will provide you with use of the Service, including a browser interface, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the School Wishes website incorporated by reference herein, including but not limited to School Wishes’s privacy policy.  For reference, a Definitions section is included at the end of this Agreement.
 
1. Privacy
 
        School Wishes privacy policy may be viewed at http://www.schoolwishes.org.  School Wishes reserves the right to modify its privacy policy at its reasonable discretion from time to time.  
 
2. License Grant Qualifications & Restrictions
        
        To qualify to use School Wishes, you must (i) represent a K-12 public or private school located in the United States; (ii) have principal approval to begin a School Wishes program in your school;  (iii) designate a School Champion who approves wishes and manages your School Wishes program at the school level; (iv) agree to the display of education appropriate sponsorship/advertisements on your School Wishes website.

School Wishes hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your school’s community giving program, subject to the terms and conditions of this Agreement.  School Wishes reserves all rights not expressly granted to you in this Agreement.
 
        You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.  
 
3. Your Responsibilities
 
        You are responsible for all activity occurring under your School User accounts and shall abide by all applicable local, state, and national laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, and the transmission of technical or personal data.  You shall: (i) notify School Wishes immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to School Wishes immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another School Wishes user or provide false identity information to gain access to or use the Service.  
 
4. Account Information and Data
 
        School Wishes does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data").  You, not School Wishes, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and School Wishes shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. School Wishes reserves the right to withhold, remove and/or discard Customer Data without notice for any breach. Upon termination for cause, your right to access or use Customer Data immediately ceases, and School Wishes shall have no obligation to maintain or forward any Customer Data.
 
5. Intellectual Property Ownership
 
        School Wishes alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the School Wishes Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the School Wishes Technology or the Intellectual Property Rights owned by School Wishes. The School Wishes name, the School Wishes logo, and the product names and logos associated with the Service are trademarks of School Wishes.

6. Education Appropriate Advertising
 
 School Wishes reserves the right to display education appropriate advertisements and sponsorships to your School Wishes website.  You will notify School Wishes immediately in the case that an advertisement or sponsorship is deemed inappropriate.
        
7. Termination for Cause
 
        Any unauthorized use of the School Wishes Technology or Service will be deemed a material breach of this Agreement.  School Wishes, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, School Wishes may terminate a free account at any time in its sole discretion. You agree and acknowledge that School Wishes has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement.
 
8. Representations & Warranties
 
        Each party represents and warrants that it has the legal power and authority to enter into this Agreement.  School Wishes represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online School Wishes help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that you agree to the display of education appropriate sponsorship/advertisements on your School Wishes website.
 
9. Mutual Indemnification
 
        You shall indemnify and hold School Wishes and subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement,  provided in any such case that School Wishes (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release School Wishes of all liability and such settlement does not affect School Wishes business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
 
        School Wishes shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by School Wishes of its representations or warranties; or (iii) a claim arising from breach of this Agreement by School Wishes; provided that you (a) promptly give written notice of the claim to School Wishes; (b) give School Wishes sole control of the defense and settlement of the claim (provided that School Wishes may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to School Wishes all available information and assistance; and (d) have not compromised or settled such claim. School Wishes shall have no indemnification obligation, and you shall indemnify School Wishes pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s). 
 
10. Disclaimer of Warranties
 
        SCHOOL WISHES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SCHOOL WISHES DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SCHOOL WISHES.
 
11. Internet Delays
 
        SCHOOL WISHES SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  SCHOOL WISHES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.  
 
12. Limitation of Liability
 
        IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 
13. Additional Rights
 
        Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 
 
14. Modification to Terms
 
        School Wishes reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.  
 
15. Assignment
 
        This Agreement may not be assigned by you without the prior written approval of School Wishes but may be assigned without your consent by School Wishes to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
 
20. General
 
        This Agreement shall be governed by Kentucky law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Louisville, Kentucky. No text or information set forth on any other document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and School Wishes as a result of this agreement or use of the Service. The failure of School Wishes to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by School Wishes in writing. This Agreement comprises the entire agreement between you and School Wishes and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
 
24. Definitions
 
        As used in this Agreement now or hereafter associated herewith: "Agreement" means these online terms of use and any materials available on the www.schoolwishes.org website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by School Wishes from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "School Wishes" means School Wishes, Inc., a Kentucky corporation, having its principal place of business at 12606 Ridgemoor Drive, Prospect, Kentucky 40059; "School Wishes Technology" means all of School Wishes, Inc.'s proprietary technology  (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by School Wishes in providing the Service; "Service(s)" means School Wishes online community giving system developed, operated, and maintained by School Wishes, accessible via http://www.schoolwishes.org, http://www.schoolwishes.com or another designated web site or IP address, or ancillary services rendered to you by School Wishes, to which you are being granted access under this Agreement, including the School Wishes Technology and the Content; "User(s)" means all of your educators, employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by School Wishes at your request).
 
Questions or Additional Information:
 
If you have questions regarding this Agreement or wish to obtain additional information, please send an email to help@schoolwishes.org.
 
© 2008. School Wishes. All rights reserved.

By clicking the 'I Accept' button you are stating that you have read and agree to the stated User Agreement, at which time your account will be setup.