Terms of Service for https://GoodSchoolsRoc.org

Introduction

Welcome to https://GoodSchoolsRoc.org. This website is owned and operated by EDceptional Inc. These Terms of Service (collectively as “Terms”) apply to the website https://GoodSchoolsRoc.org and its associated subpages, (collectively as the “Site”), which are owned and operated by EDceptional, Inc. (hereinafter “EDceptional” , “we” , “our” , or “us”).  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to be bound by the following Terms.  These Terms govern your use of the Site; by accessing and using the Site, you agree to be bound by these Terms and our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is effective May 15, 2018.

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, and/or use the Site, provided that: (a) all intellectual property notices are kept intact; (b) you make no modifications to the Site; (c) you do not yourself allow, or permit any third party, to insert any code to manipulate the Site in any way; and (d) no graphics available from this Site may be used, copied, or distributed separate from the accompanying text.  All other rights are expressly reserved to EDceptional.

Linking Policy

EDCEPTIONAL grants you a limited, non-exclusive, revocable right to create a hyperlink to the Site; provided, however, that any such website that hyperlinks to the Site: (a) does not portray us or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner; (b) must not frame or utilize framing techniques to create or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) does not imply that EDceptional is endorsing or sponsoring it or its products without EDceptional’s prior written consent; (d) must not use any EDceptional or GoodSchoolsRoc.org trademarks (including in any meta-tags or similar technique) without prior written consent; and (e) must not contain content that is offensive, controversial, or otherwise objectionable (in our sole opinion).  Notwithstanding the foregoing, EDceptional or GoodSchoolsRoc.org reserves the right to prohibit linking to the Site for any reason.

The Site may provide hyperlinks to third-party websites.  We make no representations or warranties of any kind regarding the security, quality, or content of such third-party websites.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    Iii. Contains any type of unauthorized or unsolicited advertising;
    Iiii. Impersonates any person or entity, including any https://GoodSchoolsRoc.org/ employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of EDceptional, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

Indemnification

You agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless EDceptional, Inc., its officers, directors, trustees, predecessors and/or successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EDceptional, Inc. by any third party, whether directly or indirectly, due to or arising out of or in connection with your use of the Site.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.

Limitation of Warranties

THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  EDCEPTIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE AND NON-INFRINGEMENT.  EDCEPTIONAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  EDCEPTIONAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES.  YOUR USE OF THE SITE AND ANY INFORMATION OBTAINED THROUGH YOURS USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM SAID USE OF THE SITE.

Limitation of Liability

IN NO EVENT SHALL EDCEPTIONAL OR ITS OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES (INCLUDING RELIANCE DAMAGES) CAUSED BY ANY INFORMATION OBTAINED FROM EDCEPTIONAL, OR THAT RESULTS FROM ANY FAILURE IN PERFORMANCE OF THE SITE OR EDCEPTIONAL’S COMPUTER SYSTEMS, INCLUDING BUT NOT LIMITED TO FAILURES CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR EDCEPTIONAL’S COMPUTER SYSTEMS.

Copyrights/Trademarks

All content and materials available on https://GoodSchoolsRoc.org/, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of EDceptional, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by EDceptional.

The entire contents of the Site are copyrighted under the laws of the United States.  No part of the Site (whether in whole or in part) may be copied, reproduced, downloaded or distributed in any way, without our prior written permission, except as expressly provided herein.

“GoodSchoolsRoc.org” and the various logos displayed on the Site are the trademarks/service marks.  You may not display or use any such marks in any manner for any purpose whatsoever without our prior written permission.  Any unauthorized use of the Site is prohibited.  References to any third-party intellectual property, products, services, or information does not constitute or imply an endorsement, sponsorship or recommendation thereof by EDceptional or GoodSchoolsRoc.org.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Location and Foreign Use Notice

The Site is controlled and operated by EDceptional from the United States.  EDceptional makes no representations or warranties that the Site is appropriate or available for use in locations outside of the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, and any information you provide to us will be transferred to the United States and by your submission of such information you consent to this transfer and storage of the data in the United States.  We reserve the right to limit the availability of the Site and its contents to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Severability and Non-Waiver

If any provision of these Terms shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions herein.  The failure of EDceptional to enforce performance of these Terms or to exercise any rights or remedies hereunder shall not be construed as a waiver of EDceptional’s right to assert or enforce such rights or remedies in that or any other instance.

Applicable Law, Jurisdiction and Venue

These Terms shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles.  Any case, controversy, suit, action, or proceeding in connection with or related to these Terms, or the use of the Site, shall be brought and venued only in the state or federal court with jurisdiction sitting in Monroe County, New York, and you consent to personal jurisdiction in the state or federal courts located in the State of New York.

Guarantee

UNLESS OTHERWISE EXPRESSED, EDCEPTIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

EDceptional Inc.
Sebrone Johnson, CEO
16 E. Main St., Suite 925
Rochester, NY   14614
(585) 491-9700