First, just a quick summary, before all the legal language below, to help you understand our intent:
(1) Accuracy of Information: Here at My School Choices, we try very hard to provide the most accurate, up-to-date information possible. Even so, sometimes the information that was provided to us was not quite right, or things have changed. If you see any errors or omissions, please let us know and we will look into it right away!
(2) Decisions: The decision on what schools to tour or to which schools to apply is yours alone! Please keep in mind that ONLY YOU can determine the right school for your child. Although we do offer promotional consideration to some schools, we in no way claim tell you what school is right for YOUR child.
(3) School Admissions ("Getting In"): We have no control over how your application process proceeds! Some schools have waiting lists, or accept or turn down students for a wide variety of reasons. But we wish you the best!
(4) Payment: We are a brand-new site, and at the moment all of the content is free. At some point in the future we may charge users for continued access, and some of the language below covers that. Obviously you would have the choice to sign up with a paid membership or not, at that point.
Founder, My School Choices
The following is the full and official statement of Terms and Conditions:
MY SCHOOL CHOICES
TERMS OF SERVICE
Last Updated: November, 2014
By accessing, viewing, and/or using this website and/or any services provided by My School Choices ("MSC"), an Oregon limited liability company, you understand and accept all terms and conditions of these Terms of Service, without change. If you do not understand and agree to these terms, please discontinue use of the website immediately.
My School Choices ("MSC") reserves the right to change any of the terms and conditions contained in this Agreement, including the Fees, if any (as defined below) and Services, or any policies or guidelines governing the Services, at any time and in its sole discretion. While MSC will endeavor to provide direct notice to you of any changes, you are responsible for periodically checking the Documentation (as defined below) to determine if any changes have been made and MSC is not liable for your failure to do so or our failure to provide such direct notice to you. Your continued use of the Services following any revision to this Agreement will constitute your acceptance of the changes or modifications to the Agreement. If you do not agree to any changes to this Agreement, do not continue to use the Services.
Section 1 – Definitions. Capitalized terms shall have the meanings set forth below unless defined elsewhere in this Agreement:
1.1“Content” means all materials displayed or performed in connection with the Services, including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips.
1.2“Documentation” means any descriptions, instructions or other documentation made available on any related MSC website in connection with the Services, as such may be revised by MSC from time to time.
1.3“Fee” means the periodic fee, which may be based upon Usage of the Services during such period, each Subscriber agrees to pay for access to and use of the Services, as such may from time to time be adjusted by MSC, in its sole discretion, and posted within the Documentation.
1.4“Proprietary Rights” means all patents, patent applications, mask works, copyrights, moral rights, trade secrets, know-how and other proprietary rights.
1.5“Submitted Content” means any Content that you submit in the course of using the Services.
1.6“Subscriber” means a User that has registered for an MSC account in accordance with Section 4 below.
1.7“Term” means the term of this Agreement, including, as applicable, the Trial Term and the Commercial Use Term (as such terms are defined in Section 3 below).
1.8“Usage” means actual use of the Services, as measured by MSC in accordance with its then-current policies, by a Subscriber.
1.9“User” means any person authorized to use the Services under the terms of this Agreement, including without limitation Subscribers.
Section 2 – Description of Services. Subject to the terms and conditions of this Agreement, MSC will use commercially reasonable efforts to make the Services, as more specifically described in the applicable Documentation, including without limitation any related limitations regarding Usage, authorized recipients or Content type and duration, available to Subscribers during the Term. The Services are available for your own personal or business use only, and not for the use or benefit of any unaffiliated third party. You understand and agree that the Services are provided “AS IS” and “AS AVAILABLE” and that MSC assumes no responsibility for the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any Content or personalization settings. You and any intended recipient of Submitted Content are responsible for obtaining and maintaining any equipment or ancillary services needed to access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service and any fees associated therewith. You and any intended recipient of Submitted Content are also responsible for ensuring that such equipment or ancillary services are compatible with the Services and MSC, therefore, cannot guarantee the delivery of Submitted Content to, or access to the Services by, such intended recipients.
Section 3 – Subscription Types. This Agreement commences on the date you accept the Agreement by either selecting the applicable acceptance option presented on the screen or otherwise using the Services (the “Effective Date”). Unless terminated earlier pursuant to Section 13 below, MSC may, from time to time, allow Users to utilize the Services for an initial “free trial” term (the “Trial Term”) that shall commence on the Effective Date and continue for a period of time to be determined by MSC, in its sole discretion. During the Trial Term, you may use the Services at no cost. Upon the conclusion of the Trial Term, if any, Subscribers may utilize the Services for so long as such Subscriber make timely payments to MSC of all Fees owed pursuant to Section 11 below, subject to early termination under Section 13 (the “Commercial Use Term”).
Section 4 – Eligibility & Registration. Use of the Services is limited to Users that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to MSC that he or she (i) is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law and (ii) will use the Services solely in accordance with all applicable laws, rules, regulations and policies.
You also agree to: (a) provide true, accurate, current and complete information about yourself and your MSC account as prompted by any MSC registration form, including, name, email and mailing address, telephone number, and, upon commencement of the Commercial Use Term, additional billing and credit card information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MSC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSC has the right to suspend or terminate your account and refuse you any and all current or future use of the Services (or any portion thereof).
Section 5 – License Grant and Restrictions. During the Term, MSC hereby grants you a limited, non-exclusive, non-transferable, worldwide right to access and use the Services for your own personal purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by MSC. You may not access the Services if you are a competitor of MSC or for purposes of monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose. You also agree not to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way, including, without limitation, providing your User ID (as defined below) and password to any third party to allow such party to access and use the Services; (b) modify or make derivative works based upon the Services; (c) with the exception of any links automatically generated by the Services, create Internet “links” to any MSC website or “frame” or “mirror” any portion of the Services or an MSC website on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of Services.
Section 6 – Account, User ID, Password and Security. You will establish a password and user name (a “User ID”) designation upon completing the registration process. Your User ID is for your personal use only and you may not allow any other party to use your User ID. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your User ID. You agree to immediately notify MSC of any unauthorized use of your password or User ID or any other breach of security of which you are aware. MSC is not liable for any loss or damage arising from your failure to comply with this Section 6. You agree not to create multiple User IDs in an effort to obtain multiple rights to use the Services.
Section 8 – Proprietary Rights; Submitted Content. MSC shall own all right, title and interest, including all related Proprietary Rights, in and to all of MSC’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 MSC in providing the Services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The trademarks and service marks and other MSC logos and product and service names are trademarks of MSC (the “MSC Marks”). Without MSC’s prior written permission, you agree not to display or use in any manner, the MSC Marks.
MSC does not claim ownership of any Submitted Content. While MSC uses commercially reasonable efforts to maintain Submitted Content in accordance with its policies for internal system maintenance, you, and not MSC, shall have sole responsibility for backing up and/or securing, including without limitation any Submitted Content and for the accuracy, quality, integrity, legality, reliability, appropriateness and Proprietary Rights or right to use all Submitted Content, and MSC shall not be responsible for the deletion, correction, destruction, damage, loss or failure to store any Submitted Content. Solely for the purposes of providing the Services to Users in accordance with the Documentation, all Users grant MSC a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Submitted Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed on behalf of MSC.
MSC reserves the right to withhold, remove or discard Submitted Content without notice for any breach, including, without limitation, your non-payment of any Fees. Upon any termination of this Agreement, your right to access or use Submitted Content immediately ceases, and MSC shall have no obligation to maintain or forward any Submitted Content. MSC shall not be liable or responsible for any losses or damages caused by removal or deletion of files.
Section 9 – User Conduct. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not MSC, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Services. MSC does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will MSC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services.
You agree to not use the Services to:
You acknowledge and agree that MSC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You acknowledge, consent and agree that MSC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (v) comply with legal process; (w) enforce the terms of this Agreement; (x) respond to claims that any Content violates the rights of third parties; (y) respond to your requests for customer service; or (z) protect the rights, property or personal safety of MSC, its users and the public.
Section 10 – Third Party Interactions. During your use of the Services, you may enter into correspondence or agreements with, purchase goods and/or services from, or participate in promotions of other third parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. MSC shall not be liable or responsible for any losses or damages caused by such activity.
Section 11 – Fees and Billings.
During the Commercial Use Term, Subscribers agree to pay all Fees associated with the Services on the agreed upon periodic basis. Subscribers will generally be billed periodically, in advance, for all Fees, however, each Subscriber’s first bill may include pro-rated charges from the Effective Date. Additional Usage Fees, if applicable, will also be billed on an agreed upon periodic basis based upon applicable Usage during the preceding period. Subscribers must provide MSC with valid credit card and/or other information required during the registration process and MSC will charge such Subscriber’s credit card, or otherwise bill Subscriber as mutually agreed upon, for all Fees accordingly. Unless a Subscriber terminates his or her account in accordance with Section 13 below, such Subscriber is responsible for all Fees and MSC will continue to bill such Subscriber (and charge the applicable credit card) periodically for such Fees. All Fees are nonrefundable.
MSC reserves the right to change the amount of, or basis for determining, any Fees for the Services, and to institute new Fees effective upon at least thirty (30) days prior notice to Subscribers. MSC reserves the right to offer special offers of the Services and to provide the Services at no charge for promotional reasons or otherwise (such as a free trial (in addition to the Trial Term)).
Section 12 – Non-Payment and Suspension.
Each Subscriber’s right to use the Services is subject to any limits established by MSC or by such Subscriber’s credit card issuer. If payment cannot be charged to a Subscriber’s credit card, is not made and verified through PayPal or your charge is returned to MSC for any reason, including chargeback, MSC reserves the right to either suspend or terminate such Subscriber’s access and account, thereby terminating this Agreement and all obligations of MSC hereunder. If a Subscriber has a balance due on such Subscriber’s MSC account, the Subscriber agrees that MSC can charge these unpaid Fees to the applicable credit card. In cases where a Subscriber fails payment under this Agreement, such Subscriber shall bear default interest after the due date at the rate of 18% per year or the highest amount permitted by applicable law (whichever is less), which shall be calculated on a per diem basis of a year of 365 days.
Section 13 – Termination; Survival.
Either you or MSC may terminate this Agreement at any time. If the agreement is terminated by MSC prior to the period of service already paid for, then a refund may be issued for the remaining period. MSC shall be entitled to terminate this Agreement, and also terminate or suspend any and all Services and your access to the Services immediately in MSC’s reasonable discretion, without prior notice or liability, if you fall under any of the following items:
All Fees paid hereunder are non-refundable. Upon termination of your account, your right to access and use the Services will immediately cease. Sections 7, 8, 11, 12, 15 through 19 and 22 shall survive termination of this Agreement for any reason; provided, however, that Section 11 and 12 shall survive if and to the extent that any Fee or default interest remains unpaid.
Section 14 – Technical Support Service.
MSC may, but is not obligated to, offer and or provide technical support services during the Trial Term.
Section 15 – Links.
The Services may provide, or third parties may provide, links to or portions of other World Wide Web sites or resources. Because MSC has no control over such sites and resources, you acknowledge and agree that MSC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Section 16 – Indemnity.
You agree to indemnify and hold MSC, and its subsidiaries, affiliates, shareholders, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Submitted Content you submit, post, transmit or make available through the Services, your use of the Services, your access to any MSC website, your violation of this Agreement, including, without limitation, the restrictions in Section 9 above, or your violation of any applicable law, including without limitation any data privacy or similar law, or infringement of any intellectual property or other right of any other person or entity.
Section 17 – Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)MSC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
(c)ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
(d)MSC MAKES NO WARRANTY THAT ANY OF YOUR SUBMITTED CONTENT WILL NOT BE LOST OR BECOME UNRETRIEVABLE. FOR THIS AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL SUBMITTED CONTENT AND FILES TO ANOTHER STORAGE MECHANISM PRIOR TO USE OF THE SERVICES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP SUBMITTED CONTENT AND FILES. NEITHER MSC NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SUBMITTED CONTENT, FILES OR DATA.
Electronic Communications Privacy Act Notice (18USC 2701-2711): MSC MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA THE SERVICES OR ANY WEB SITE LINKED UTILIZED IN CONNECTION WITH THE SERVICES. MSC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on MSC’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
Section 18 – Internet Delays.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. MSC is not responsible for any delays, delivery failures, or other damages resulting from such problems, including, without limitation, problems in the transmission of data between the Services and your web browser.
Section 19 – Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY UTILIZING THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 20 – No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Section 21 - Notice and Procedure For Making Infringement Claims.
MSC respects the intellectual property of others, and MSC asks its Users to do the same. MSC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSC’s Copyright Agent the following information:
MSC’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: DMCA Agent
My School Choices, LLC
2717 NE 10th Ave
Portland, OR 97212
Section 22 - General Information.
22.2Choice of Law and Forum. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Oregon, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Venue in any suit or action between the parties arising out of or relating to the Agreement shall be in either the Circuit or District Court for Multnomah County, Oregon or the United States District Court for the District of Oregon in Portland, Oregon.
22.3Waiver and Severability of Terms. The failure of MSC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
22.4Assignment. This Agreement, including any rights or obligations under this Agreement, is not assignable, transferable or sublicensable by you except with MSC’s prior written consent. Any attempt to assign or transfer in violation of the foregoing shall be null and void. MSC shall be entitled to transfer this Agreement and/or any rights and obligations under this Agreement for any reason including, without limitation, in connection with the acquisition of all or substantially of its capital stock or assets, whether by merger, operation of law or otherwise.
22.5Force Majeure. MSC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MSC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference), fire, power cut, hacking, attack of computer virus, earthquake, flood, war, embargo, strike, riot, inability to secure materials and transportation facilities, or the intervention of any governmental authority.
22.6Confidentiality. "Confidential Information" referred to in this Section includes any and all information relating to technologies, business, operation, finance, organization or others provided or disclosed by MSC to you in writing, orally, through recording media or in any manner in the transactions under this Agreement. Confidential Information shall not include information which (i) is already publicly known or known to you prior to the provision or disclosure; (ii) is or becomes publicly known through no wrongful act of you; (iii) is rightfully received by you from an authorized third party without any obligation of confidentiality; or (iv) is approved by written authorization of MSC. You shall not use Confidential Information beyond the purposes of this Agreement, and shall not, without prior written consent of MSC, disclose or divulge Confidential Information to any third party. You shall promptly return to the MSC, destroy or otherwise dispose of Confidential Information, documents and recording media containing Confidential Information, and copies thereof in accordance with MSC's instruction, upon the termination of this Agreement or MSC's request at any time.