SCHOOL FAMILY MEDIA, LLC | TERMS OF SALE FOR SERVICES AND PRODUCTS 2024
SCHOOL FAMILY MEDIA, LLC’S
TERMS OF SALE FOR SERVICES AND PRODUCTS
Last Updated: June 5, 2024
• ACCEPTANCE OF THE TERMS OF SALE
• EFFECTIVE DATE/CHANGES TO THESE TERMS OF SALE
• TEXT MESSAGING TERMS & CONDITIONS
• PRIVACY
• ORDER ACCEPTANCE AND CANCELLATION
• PRICES AND PAYMENT TERMS
• REFUNDS FOR SERVICES AND/OR PRODUCTS
• GOODS NOT FOR RESALE OR EXPORT
• GEOGRAPHIC RESTRICTIONS
• DISCLAIMER OF WARRANTIES
• LIMITATION OF LIABILITY
• FORCE MAJEURE
• INDEMNIFICATION
• GOVERNING LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL
• ARBITRATION
• LIMITATION ON TIME TO FILE CLAIMS
• ASSIGNMENT
• WAIVER AND SEVERABILITY
• NO THIRD-PARTY BENEFICIARIES
• NOTICES
• ENTIRE AGREEMENT
• CONTACT US
ACCEPTANCE OF THE TERMS OF SALE:
These terms and conditions of sale are entered into by and between you and School Family Media, LLC, and its parent, subsidiaries, its affiliates, or business lines, including TeacherLists, EduKit, PTOtoday and College Checklists (“School Family Media,” “we,” “its” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Sale”) apply to the purchase and sale of services and Products from our Websites (as such term is defined in our Privacy Policy). For the purposes of these Terms of Sale, “Products” means any tangible and intangible good offered for sale on our Websites, including, but not limited to, prepackaged school supply kits, e-books and digital publications, digital downloads, online courses and educational materials, subscriptions to digital content or services.
PLEASE READ THESE TERMS OF SALE carefully prior to placing an order for services and/or Products from our Websites. By using our Websites, and placing an order for services and/or Products from our Websites, you accept and agree to be bound and abide by these Terms of Sale, the Terms of Use, and, if you have enrolled into our Text Messaging Program, to our Text Messaging Terms & Conditions, without modification and you consent to our Privacy Policy. For the avoidance of doubt, our Privacy Policy is incorporated by reference, and any terms used that are not defined in these Terms of Sale, shall have the meaning assigned to them in our Privacy Policy.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SALE, OUR PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH OUR TERMS OF USE, OR IF YOU DO NOT CONSENT TO PROVIDE US YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN OUR PRIVACY POLICY, THEN PLEASE DO NOT PLACE AN ORDER FOR SERVICES AND/OR PRODUCTS FROM OUR WEBSITES AND PLEASE DO NOT VISIT OUR WEBSITES.
BY PLACING AN ORDER FOR SERVICES AND/OR PRODUCTS FROM OUR WEBSITES, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER (AS SUCH TERM IS DEFINED IN OUR TERMS OF USE), ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SCHOOL FAMILY MEDIA, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE, WITHOUT MODIFICATION. IF YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR WEBSITES, NOR PLACE AN ORDER SERVICES AND/OR PRODUCTS FROM OUR WEBSITES.
EFFECTIVE DATE/CHANGES TO THESE TERMS OF SALE:
These Terms of Sale are effective as of the Last Updated date set forth at the top of these Terms of Sale. By purchasing services and Products through our Websites, you agree to these Terms of Sale, our Terms of Use, our Privacy Policy, and, if you have enrolled into our Text Messaging Program, our Text Messaging Terms & Conditions. We reserve the right to update, revise, and/or modify these Terms of Sale at any time and at our sole discretion. All changes are effective immediately when we post them. Whenever possible, we will provide you with advance written notice of material changes to these Terms of Sale, by notifying you by e-mail if you have provided your email address to us or if you have a user account with us. In the event we make a material change to these Terms of Sale, and such change would materially and adversely affect your rights hereunder, we will provide you advance notice including by posting a notice of material changes to these Terms of Sale on the Websites homepage. Upon the effective date of the Last Updated date set forth at the top of these Terms of Sale, your continued purchase of services and/or Products shall constitute your acceptance of the amended Terms of Sale. Any amended Terms of Sale supersede all previous versions. You are responsible for periodically visiting our Websites and these Terms of Sale to check for any changes. If you do not agree with the amended Terms of Sale or if you do not wish to be bound by such amended Terms of Sale, you should stop purchasing services and/or Products from us. Notwithstanding the foregoing, no change to Arbitration below, or the provisions set out in Governing Law; Consent To Jurisdiction; Waiver Of Jury Trial below, shall apply to any disputes for which the you and School Family Media have actual notice on or before the effective date of the Last Updated date posted on our Websites.
TEXT MESSAGING TERMS & CONDITIONS:
As better described in our Text Messaging Terms & Conditions, if you have enrolled or opted in to the Text Messaging Program you expressly consent to receive marketing and/or non-marketing text messages from School Family Media and any and all others Text Messaging on School Family Media’s behalf, including, but not limited to, its service partners, including Text Messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an ATDS, and/or any other type of system, software, hardware, or machine (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending Text Messages, at the mobile telephone number associated with your OPT-IN.
YOU CAN WITHDRAW YOUR CONSENT OR OPT-OUT OF THE TEXT MESSAGING PROGRAM AT ANY TIME. Your consent or express OPT-IN to receive Text Messages is not required and is not a condition to purchase our Services or Products from us.
Your use of and access to our Websites and our services and Products acts as your binding electronic signature.
PRIVACY:
School Family Media respects your privacy and is committed to protecting it through compliance with our Privacy Policy. Our Privacy Policy applies in all respects to your access and use of our Websites, including, but not limited to, any Personal Information you provide to us via our Websites or our Services (as such term is defined in our Privacy Policy). Our Websites are only intended for individuals who are Authorized Users, and is not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation or any other foreign privacy law.
ORDER ACCEPTANCE AND CANCELLATION:
You agree that your order is an offer to buy, under these Terms of Sale, all services and Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the services or Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS:
Prices
All prices, discounts, and promotions posted on our Websites are subject to change without notice. The price charged for a service or Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, if applicable. All such taxes will be added to your purchase price total, and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Promotions/Discounts
We may offer from time to time promotions on our Websites that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA, MASTERCARD, AMERICAN EXPRESS, CHECK or WIRE PAYMENT for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on our Websites at the time of your order.
REFUNDS FOR SERVICES AND/OR PRODUCTS:
We do not offer refunds on services and/or Products.
Only Applicable to Products Purchased on EduKit
This limited return exchange policy is only applicable to prepackaged school supply kits (“Kits”) purchased on EduKit. We understand that circumstances can change in the busy lives of our parents and students. If you find that you no longer require the Kit you ordered, or if you need a different one, we're here to assist you with those changes. If you wish to cancel a Kit before it has been shipped to your school or home, we'll promptly issue a credit upon request. Should you require a different Kit, we'll facilitate the exchange to ensure your student receives exactly what they need. Even if your order has already been shipped we're committed to providing hassle-free service without any additional fees. To initiate a refund, please submit your request by October 1st, and ensure that the returned Kit(s) reach our warehouse no later than October 15th. Once we receive the Kit(s), we will promptly process your refund and credit your card accordingly. We cannot accept returns after these dates. Please note that all items must be returned in new and unused condition. If you opt for an exchange, we'll swiftly process your new kit order. Feel free to reach out to us if you need to return or exchange a kit to ensure smooth processing.
GOODS NOT FOR RESALE OR EXPORT:
You represent and warrant that you are not purchasing the services or Products for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
GEOGRAPHIC RESTRICTIONS:
School Family Media, the owner of the Websites, is based in the Commonwealth of Massachusetts in the United States. We provide the Websites, the services and Products for use only by Authorized Users (as such term is defined in our Terms of Use). We make no claims that our Websites or any of its content, services, or Products, is accessible or appropriate outside of the United States or any of its territories or possessions. Access to our Websites, the services and the Products may not be legal by certain persons or in certain countries. If you access our Websites, services, or the Products from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws, including the General Data Protection Regulation.
DISCLAIMER OF WARRANTIES:
ALL SERVICES AND PRODUCTS OFFERED ON OUR WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN ADDITION, WE WILL HAVE NO LIABILITY TO YOU FOR ANY CLAIMS, LOSSES OR DAMAGES CAUSED BY ERRORS OR OMISSIONS IN INFORMATION PROVIDED TO US BY YOU OR ANY ACTIONS TAKEN BY US AT YOUR DIRECTION.
AS BETTER DESCRIBED IN THE DISCLAIMER OF WARRANTIES SECTION OF OUR TERMS OF USE, WE WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY PRODUCTS, SERVICES, SOFTWARE OR WEBSITES THAT ARE ACCESSED VIA LINKS FROM OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, SCHOOL FAMILY MEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCHOOL FAMILY MEDIA, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS, SERVICE PROVIDERS BE LIABLE TO YOU OR ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, THE SERVICES, OR THE PRODUCTS, 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.
IN NO EVENT SHALL SCHOOL FAMILY MEDIA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SALE OR IN CONNECTION WITH THE SERVICES OR THE PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU TO SCHOOL FAMILY MEDIA FOR THE SERVICES OR PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FORCE MAJEURE:
School Family Media shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in fulfilling or performing any term of these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation (i) acts of God; (ii) national disasters such as flood, fire, earthquake, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) governmental order, law or actions; (v) import or export restraints, disruptions in transportation including, but not limited to, closure of shipping routes or significant changes to shipping schedules; (vi) national, international or regional emergency; (vii) strikes, labor stoppages or slowdowns, lock-outs, or other industrial disturbances; (viii) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, equipment damages, or inability or delay in obtaining supplies of adequate or suitable materials; (ix) failure of School Family Media’s supplier to deliver the Products in time and any event which prevents the normal supply of its Products as well as similar circumstances that affect School Family Media’s subcontractors or suppliers; (x) pandemic or epidemic officially declared by the World Health Organization or relevant governmental authority, including but not limited to outbreaks of infectious diseases such as COVID-19; or (xi) other events beyond the reasonable control of School Family Media.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless School Family Media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of any third party claim, demand or action arising out of (i) your misuse of our Websites or our official social media pages; (ii) your violation of any term of these Terms of Sale; or (iii) your improper use of the services or the Products other than as expressly authorized in these Terms of Sale. This indemnification obligation will survive the termination of these Terms of Sale and your misuse of our Websites or our official social media pages.
GOVERNING LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL:
All matters relating to our Websites and these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale or our Websites shall be instituted exclusively in the Federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in Worcester, Massachusetts, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING OUR WEBSITES AND THESE TERMS OF SALE AND FOR ANY COUNTERCLAIM THEREIN.
ARBITRATION:
School Family Media reserves the right to invoke the jurisdiction of any competent court to remedy or prevent violation of these Terms of Sale or use of our Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or to otherwise protect our interest. Any dispute with you in connection with these Terms of Sale may, at School Family Media’s sole discretion, be resolved through binding arbitration in the Commonwealth of Massachusetts, pursuant to the commercial arbitration rules of the American Arbitration Association (“Arbitration”) applying Massachusetts law. Absent School Family Media’s express written authorization, in the exercise of its sole discretion, in favor of a judicial forum for dispute resolution, your only forum is Arbitration. The results of Arbitration shall be final, binding and nonappealable, except as allowed by law.
LIMITATION ON TIME TO FILE CLAIMS:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ASSIGNMENT:
You may not assign any of your rights or delegate any of your obligations under these Terms of Sale without the prior written consent of School Family Media. Any purported assignment or delegation in violation of this section of the Terms of Sale is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
WAIVER AND SEVERABILITY:
No waiver by School Family Media of any term, provision or condition hereof shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term, provision or condition. No waiver by School Family Media shall operate or be construed as a waiver in respect of any failure, breach or default. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Sale shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
NO THIRD-PARTY BENEFICIARIES:
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person, or entity, other than you.
NOTICES:
To You
We may provide any notice to you under these Terms of Sale by notifying you: (i) by e-mail if you have provided it to us or if you have a user account with us; (ii) if you have enrolled into our Text Messaging Program, by Text Message to the mobile telephone number associated with your OPT-IN (for more information on our Text Messaging Program, please see our Text Messaging Terms & Conditions); or (iii) by posting a notice of material changes to these Terms of Sale on the Websites homepage. Any notice sent to you pursuant to this section, shall be effective when (i) the date the notice is sent to you or (ii) effective upon posting. You are responsible for keeping your e-mail address and/or mobile telephone number associated with your OPT-IN current.
To Us
Notice to us under these Terms of Sale, shall be sufficient in all respects if given in writing and delivered in person, by overnight courier or by registered or certified mail, postage prepaid, return receipt requested, to:
School Family Media, LLC
100 Stonewall Blvd., Suite 3
Wrentham, MA 02093
Attention: Legal Department
School Family Media may, at any time, update the address for notices to us by posting a notice of address change on the Websites homepage.
Notices shall be deemed given on (i) the date such notice is personal delivered; (ii) one (1) business day after the date of delivery they are sent to the overnight courier if sent by overnight courier; or (iii) three (3) day after the mailing if sent by registered or certified mail.
ENTIRE AGREEMENT:
These Terms of Sale, the license agreement, if any, relating to any service or Product you obtain on or through our Websites, Terms of Use, Text Messaging Terms & Conditions and our Privacy Policy, as amended from time to time, constitute the sole and entire agreement between you and School Family Media regarding the sale of services and/or Products, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the sale of Products. By purchasing services and/or Products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale.
CONTACT US:
The Websites are owned and operated by operated by School Family Media. If you have any questions, comments, concerns about these Terms of Sale, requests for technical support, and other communications relating to our Websites or need to access these Terms of Sale in an alternative format due to having a disability, or about any other matter, please do not hesitate to contact us at one of the following methods:
| Phone: | (800) 556-9216 |
| Website: | https://schoolfamilymedia.com/ |
| Email Address: | privacy@schoolfamilymedia.com |
| Mail: | School Family Media, LLC 100 Stonewall Blvd., Suite 3 Wrentham, MA 02093 Attention: Legal Department |