SCHOOL FAMILY MEDIA, LLC’S

WEBSITE TERMS OF USE

Last Updated: June 5, 2024

• ACCEPTANCE OF THE TERMS OF USE
• PRIVACY
• EFFECTIVE DATE/CHANGES TO THESE TERMS OF USE
• ACCESSING OUR WEBSITES AND ACCOUNT SECURITY
• INTELLECTUAL PROPERTY
• TRADEMARKS
• WEBSITES PROHIBITED USES
• USER CONTRIBUTIONS
• GEOGRAPHIC RESTRICTIONS
• DISCLAIMERS
• LIMITATION OF LIABILITY
• INDEMNIFICATION
• GOVERNING LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL
• ARBITRATION
• LIMITATION ON TIME TO FILE CLAIMS
• ASSIGNMENT
• WAIVER AND SEVERABILITY
• ENTIRE AGREEMENT
• TERMINATION
• NOTICE TO CALIFORNIA CONSUMERS
• CONTACT US

ACCEPTANCE OF THE TERMS OF USE:

These terms of use 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 Use”) govern your access to and use of our Websites (as such term is defined in our Privacy Policy), including any content, functionality, and services offered on or through our Websites, whether as a guest or a registered user.

PLEASE READ THESE TERMS OF USE carefully before you start to use our Websites. By using our Websites, you accept and agree to be bound and abide by these Terms of Use, without modification and you consent to our Privacy Policy, which also governs your use of our Websites as well as how we collect, use, and share your Personal Information (as such term is defined in our Privacy Policy), which we may collect from you or which you may provide to us through (i) our Websites or (ii) through our Services (as such term is defined in our Privacy Policy), and the rights you have with respect to your Personal Information. For the avoidance of doubt, our Privacy Policy is incorporated by reference, and any terms used that are not defined in these Terms of Use, shall have the meaning assigned to them in our Privacy Policy.

As stated in our Privacy Policy, our Websites are designed for a “general audience” and are not intended for use by children under 13 years of age.

YOU CAN WITHDRAW YOUR CONSENT AT ANY TIME.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OUR TERMS OF SALE OR IF YOU DO NOT AGREE OR CONSENT TO PROVIDE US YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN OUR PRIVACY POLICY, THEN PLEASE DO NOT ENGAGE OUR SERVICES, AND PLEASE DO NOT VISIT OUR WEBSITES OR ACCESS OUR SERVICES.

Our Websites are offered to and exclusively available to users who are over 18 years of age, reside and are physically located in the United States or any of its territories or possessions (an “Authorized User”). By using our Websites, you represent and warrant that you are of legal age to form a binding contract with School Family Media and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Websites.

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. 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.

EFFECTIVE DATE/CHANGES TO THESE TERMS OF USE:

These Terms of Use are effective as of the Last Updated date set forth at the top of these Terms of Use. By accessing our Websites and Services, you agree to these Terms of Use and our Privacy Policy. We reserve the right to update, revise, and/or modify these Terms of Use at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Websites thereafter. Whenever possible, we will provide you with advance written notice of material changes to these Terms of Use, by notifying you by e-mail if you have provided it to us or if you have a user account with us. In the event we make a material change to these Terms of Use, 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 Use on the Websites homepage. Upon the effective date of the Last Updated date set forth at the top of these Terms of Use, your continued use of our Websites shall constitute your acceptance of the amended Terms of Use. The amended Terms of Use supersedes all previous versions. You are responsible for periodically visiting our Websites and these Terms of Use to check for any changes. If you do not agree with the amended Terms of Use or if you do not wish to be bound by such amended Terms of Use, you should cease using our Websites and/or Services immediately. 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 you and School Family Media have actual notice on or before the effective date of the Last Updated date posted on our Websites.

ACCESSING OUR WEBSITES AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend our Websites, Services, and/or any service or material we provide on our Websites, at our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of our Websites, to users, including registered users.

You are responsible for (a) making all arrangements necessary for you to have access to our Websites and (b) ensuring that all persons who access our Websites through your internet connection are (i) aware of these Terms of Use; (ii) are Authorized Users; and (iii) comply with these Terms of Use.

To access our Websites or some of the resources our Websites offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Websites that all the information you provide on our Websites is correct, current, and complete. You agree that all information you provide to register with our Websites or otherwise, including, but not limited to, through the use of any interactive features on our Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information, including Personal Information, consistent with our Privacy Policy.

We take industry-standard security precautions on-line and off-line designed to protect the security of the information you submit, or we collect, including your Personal Information submitted via our Websites, our official social media pages or otherwise.

All information you provide to us is stored on our secure servers behind firewalls. User accounts are password protected with restricted access. While we may use these certain encryption technologies to protect Personal Information transmitted online, as appropriate, we also protect your information offline. The computers/servers on which we store Personal Information are kept in a secure environment and access is restricted to those within the School Family Media who need to know. All accesses are controlled and monitored.

The security of your information, including Personal Information, is important to us, but be aware that no method of transmission over the internet, or method of electronic storage, is one hundred (100.00%) secure. While we strive to use commercially acceptable means to protect your information, including Personal Information, we cannot guarantee its absolute security. Any transmission of information, including Personal Information, is at your own risk. As such, any information, including Personal Information, you transmit to us, or if we have provided you with, a user name, password, or any other piece of information as part of our security procedures, you must treat as confidential, and you must not disclose it to any other person or entity. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

You and all visitors of our Websites acknowledge that if you have created a user account on our Websites, such account is personal to you and you are solely responsible for keeping the password you created to register your account confidential. We strongly advise you not share this password with anyone. Further, we urge you to be careful about giving out information in public areas of our Websites like message boards. The information you share in public areas may be viewed by any user of the Websites. You agree to notify us immediately of any unauthorized access to your user account, use of your username 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.

You may use or subscribe to certain features of, or services offered through, our Websites for which you may be issued unique access credentials that are intended to enable one or more of your associates to access those features or services (“Associate Keys”). The restrictions in the paragraph above will not apply with respect to the authorized use of our Websites by your authorized associates to whom you have granted access via the Associate Keys.

We have the right to disable any user account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY:

All text, graphics, information, images, content, video, data, music, code, software, trademarks (including, but not limited to the terms School Family Media®, TeacherLists™, PTO Today®), trade names, service marks, logos, fonts, custom colors, slogans, and other material displayed on, available via, or that can be downloaded from our Websites, excluding User Contributions (collectively, the “SFM IP”), are either the property of, or used with permission by, School Family Media, its affiliates, service providers and licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. In addition, the design, layout, and collection of SFM IP on our Websites, including the look and feel of our Websites (“Website Appearance”), is the exclusive property of School Family Media and is protected by applicable United States and international copyright laws. Except as expressly set forth herein, you have no right to, and shall not use any SFM IP without the express written consent of School Family Media. To the extent our Websites includes text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, slogans, and other material displayed on our Websites that is not SFM IP (“Third-Party IP”), such Third-Party IP is the property of the respective owner of such Third-Party IP.

Nothing contained on our Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SFM IP, the Website Appearance, or Third-Party IP, without the express written consent of School Family Media or the respective owner of such Third-Party IP.

Prohibited Uses

Unless School Family Media has provided you express written consent to use any SFM IP or the Website Appearance, you shall not:

• Modify copies of any SFM IP, the Website appearance or any other materials displayed on, available via, or that can be downloaded from our Websites.
• Use any SFM IP, except as otherwise permitted on our Websites.
• Delete or alter any SFM IP from copies of materials from our Websites.
• Use for any commercial purposes any part of our Websites or any services or materials available through our Websites.

If you wish to make any use of any SFM IP the Website appearance or any other materials displayed on, available via, or that can be downloaded from our Websites you can contact us directly by any method stated in the Contact Us below.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Websites in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by School Family Media. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS:

Our name, the terms School Family Media®, TeacherLists™, PTO Today®, our logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks of School Family Media or its affiliates or licensors. You must not use such marks without the prior written permission of School Family Media. All other names, logos, product and service names, designs, and slogans on our Websites are the trademarks of their respective owners.

WEBSITES PROHIBITED USES:

School Family Media provides the Websites and its official social media pages as a forum only. School Family Media is not liable for any statements, representations, or posted User Contributions in any public forum on our Websites or any third-party websites, including without limitation through our official social media pages. Any User Contributions, if displayed, are (i) displayed for entertainment and informational purposes only and (ii) not controlled by School Family Media. As all User Contributions are third-party information, we are not responsible for the completeness, accuracy, integrity, or quality of such information. Furthermore, School Family Media is not responsible for services or products that are offered by others in any public forum on our Websites or any third-party websites, including without limitation through our official social media pages.

By (i) accessing our Websites or any third-party websites, including without limitation through our official social media pages, (ii) posting User Contributions or (iii) reading User Contributions from other users of our Websites, you are doing so at your own risk. You understand, by accessing our Websites or any third-party websites, including without limitation through our official social media pages, that you may be exposed to User Contributions that may be offensive, objectionable, indecent, or inappropriate and School Family Media shall in no circumstance be liable for any such User Contributions.

By accessing our Websites, you are doing so in accordance with these Terms of Use and our Privacy Policy and agree to use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate School Family Media, a School Family Media employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or which, as determined by us, may harm School Family Media or users of our Websites, or expose them to liability.

Furthermore, you agree not to:

• Use our Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Websites, including their ability to engage in real time activities through our Websites.
• Use any robot, spider, or other automatic device, process, or means to access our Websites for any purpose, including monitoring or copying any of the material, including User Contributions, on our Websites.
• Use any manual process to monitor or copy any of the material, including User Contributions, on our Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Websites, the server on which our Websites is stored, or any server, computer, or database connected to our Websites.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Use any device, software, or routine that interferes with the proper working of our Websites.
• Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of our Websites.

USER CONTRIBUTIONS:

General

Our Websites may contain Q&As, message boards, chat rooms, personal web pages or profiles, forums, and bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) User Contributions on or through our Websites.

All User Contributions must comply with the Content Standards set forth below. Any User Contributions you post to our Websites or our official social media pages will be considered non-confidential and non-proprietary. By providing any User Contributions on our Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

By posting User Contributions to our Websites or our official social media pages, you represent and warrant that:

• All of your User Contributions do and will comply with these Terms of Use and will not cause injury to any person or entity.
• You are the sole author and own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not School Family Media, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• You understand you are participating in a public forum and that your User Contributions and other Personal Information will be available to all other users of our Websites or our official social media pages, and potentially third-party websites.
• You understand that your User Contributions may be utilized and distributed by School Family Media in its marketing materials, including but not limited to, our Websites and our official social media pages.
• All "moral rights" that you may have in such User Contributions have been voluntarily waived by you, and you do not require that any Personal Information be used in connection with the User Contributions that you submit, or any derivative works of or upgrades or updates thereto.
• All User Contributions that you post is accurate.
• You are an Authorized User.
• If you are a minor, you have obtained the requisite consent of your parent or legal guardian in accordance with COPPA, and your parent or legal guardian is an Authorized User, has accepted and agreed to be bound and abide by these Terms of Use, without modification and has consent to our Privacy Policy.

As mentioned in Website Prohibited Uses above, we are not responsible for the completeness, accuracy, integrity, or quality of such information or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Websites. School Family Media does not endorse any User Contributions, or any opinion, recommendation or advice expressed therein, and School Family Media disclaims all liability with respect to the User Contributions posted by third parties.

If your User Contributions includes ideas, suggestions, documents or proposals (“Suggestions”) to School Family Media through our Websites or our official social media pages, then such User Contributions are not confidential or proprietary and School Family Media has no obligation of confidentiality, express or implied, with respect thereto.

Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising

In addition to the representations and warranties set forth in General above, you shall, at all times, comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. You represent and warrant that:

• Any statements or testimonials that are included in your User Contributions are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
• If your User Contribution endorses a product sold by School Family Media, then you (i) you are a bona fide user of the product at the time you posted your contribution; (ii) you have used the product tagged, shown or mentioned in your User Contribution in conformity with the product instructions; (iii) your post is a fair representation of the actual performance and appearance of the product tagged, shown or mentioned in your User Contribution; and (iv) you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of the product in your post; and
• If you received compensation in any form (including free or discounted products) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your User Contribution on our Websites or our official social media pages (including, but not limited to product reviews, Q&A, photographs), or if you have a material connection (e.g., business, family, or personal relationship) to School Family Media or any other company, brand, or third party tagged in your User Contribution, you have clearly and conspicuously disclosed such relationship in your User Contributions.

Content Standards

You are solely responsible for all content that you upload, post, email or otherwise transmit via our Websites or our official social media pages or otherwise. As such, these content standards (these “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Be false, misleading, or inaccurate.
• Harm or present harm to minors.
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Violate any obligations you may have with respect to such User Contributions under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Include any information that references other websites, addresses, email addresses, contact information or phone numbers
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Reliance of Information Posted

All information, including User Contributions, presented on or through our Websites or our official social media pages is displayed for entertainment and information purposes only and is not controlled by School Family Media. As all User Contributions are third-party information, we are not responsible for the completeness, accuracy, integrity, or quality of such information and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Websites or our official social media pages, or by anyone who may be informed of any of its contents.

Third Party Sites and Content

Our Websites or our official social media pages may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. You acknowledge that School Family Media is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third-party content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by School Family Media, are solely the opinions and the responsibility of the person or entity providing those materials.

Our Websites or our official social media pages may include links to websites operated by parties other than School Family Media. You acknowledge that we do not control those websites, the information provided therein is third-party information, and as such, we are not responsible for the completeness or accuracy of such information.

These materials do not necessarily reflect the opinion of School Family Media. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Modification of User Contributions

All User Contributions that you submit on our Websites or our official social media pages is not confidential or proprietary and may be used by School Family Media for any purpose at its sole discretion. School Family Media has the right, but not the obligation, in its sole discretion to prescreen, modify, condense or remove any User Contribution posted on our Websites or our official social media pages. School Family Media shall have the right to remove any User Contributions posted on our Websites or our official social media pages, that School Family Media deems, in its sole discretion, that violate the Content Standards, set forth above, or any other provision of these Terms of Use.

However, we do not undertake to review all User Contributions before it is posted to our Websites or our official social media pages. 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.

Reservation of Rights

School Family Media reserves the right, at any time, without notice and in its sole discretion, to terminate your use/access to our Websites or our official social media pages and to block or prevent your future use/access to our Websites or our official social media pages. School Family Media may access, preserve and disclose your user account information, Personal Information that we collect or you provide to us (as better described in our Privacy Policy), and User Contributions for the following legitimate business purposes:

• To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To enforce or apply these Terms Of Use or apply our Terms of Sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of School Family Media, our customers, or others.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To respond to claims that any User Contributions violate the rights of third parties.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information, including Personal Information, of anyone posting any materials on or through our Websites or our official social media pages.

YOU WAIVE AND HOLD HARMLESS SCHOOL FAMILY MEDIA, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

GEOGRAPHIC RESTRICTIONS:

School Family Media, the owner of the Websites, is based in the Commonwealth of Massachusetts, located in the United States. We provide the Websites for use only by Authorized Users. We make no claims that our Websites or any of its content, including User Contribution, is accessible or appropriate outside of the United States or any of its territories or possessions. Access to our Websites may not be legal by certain persons or in certain countries. If you access our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including the General Data Protection Regulation.

DISCLAIMERS:

General

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITES, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES IS AT YOUR OWN RISK. OUR WEBSITES, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCHOOL FAMILY MEDIA NOR ANY PERSON ASSOCIATED WITH SCHOOL FAMILY MEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES.

WITHOUT LIMITING THE FOREGOING, NEITHER SCHOOL FAMILY MEDIA NOR ANYONE ASSOCIATED WITH SCHOOL FAMILY MEDIA REPRESENTS OR WARRANTS THAT OUR WEBSITES, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, OUR OFFICIAL SOCIAL MEDIA PAGES OR THE SERVERS THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES, OUR OFFICIAL SOCIAL MEDIA PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR OUR OFFICIAL SOCIAL MEDIA PAGES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 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. 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, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR WEBSITES (OR ANY PART OF OUR WEBSITES) BE LIABLE TO YOU OR ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, ANY WEBSITES LINKED TO OUR WEBSITES, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES, 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 THE EVENT OF ANY TECHNICAL ISSUES WITH OUR WEBSITES, OR ANY MATERIAL OR CONTENT INCLUDED THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL SCHOOL FAMILY MEDIA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE FEES PAID BY YOU TO SCHOOL FAMILY MEDIA IN CONNECTION WITH YOUR USE OF OUR WEBSITES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE LIABILITY FIRST AROSE.

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 claims, 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 Use; (iii) a breach of your representations and warranties set forth in User Contributionsabove; (iv) our violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); and (v) any claim that any User Contributions you submitted caused damage to a third-party. This indemnification obligation will survive the termination of these Terms of Use 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 Use, 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 Use 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 USE 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 Use 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 Use 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 Arbitration 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 USE OR THE WEBSITE 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 Use without the prior written consent of School Family Media. Any purported assignment or delegation in violation of this section of the Terms of Use is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

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 Use 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 Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

ENTIRE AGREEMENT:

These Terms of Use, our Privacy Policy and our Terms of Sale, as amended from time to time, constitute the sole and entire agreement between you and School Family Media regarding our Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Websites.

TERMINATION:

You or School Family Media may suspend or terminate your user account or your use/access to the Websites at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination.

NOTICE TO CALIFORNIA CONSUMERS:

Under the California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice:

The provider of our Websites is:	School Family Media, LLC 100 Stonewall Blvd., Suite 3 Wrentham, MA 02093 Attention: Legal Department Phone: (800) 556-9216 Email: privacy@schoolfamilymedia.com
For Questions and Complaints regarding our Websites:	Please contact us by any method any method stated in the Contact Us below. Additionally, as a California consumer, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (1) (800) 952-5210.

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 Use, requests for technical support, and other communications relating to our Websites or need to access these Terms of Use 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