SchoolCentral Terms Of Use
August 1, 2008
YOU MAY NOT ACCESS OR OTHERWISE MAKE USE OF SCHOOLCENTRAL UNLESS YOU ARE 13 YEARS OF AGE OR OLDER.
BY ACCESSING AND USING SCHOOLCENTRAL WHETHER OR NOT YOU ARE A REGISTERED MEMBER, YOU AGREE TO THESE TERMS OF USE.
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Zebra Mobile, Inc. (“Zebra Mobile” or “we”) operates SchoolCentral at the website located at URL www.YourSchoolCentral.com, which is a school-centric communications service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends, parents, teachers, school staff and other local school stakeholders. The services offered by Zebra Mobile include any SchoolCentral-branded URL (the "SchoolCentral Website"), SchoolCentral mobile services, and any other features, content, or applications offered from time to time by Zebra Mobile in connection with Zebra Mobile’s business (collectively, the "SchoolCentral Services"). The SchoolCentral Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the SchoolCentral Services. By using the SchoolCentral Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SchoolCentral Website, including through a mobile device, or otherwise use the SchoolCentral Services without being registered) or you are a "Member" (which means that you have registered with SchoolCentral or Zebra Mobile). The term "User" refers to a Visitor or a Member. You are only authorized to use the SchoolCentral Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the SchoolCentral Website and discontinue use of the SchoolCentral Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the SchoolCentral Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes SchoolCentral's policy for acceptable use of the SchoolCentral Services and Content (as defined in Section 6.1 below) posted on or through the SchoolCentral Services and your rights, obligations and restrictions regarding your use of the SchoolCentral Services and Content posted on or through the SchoolCentral Services. In order to participate in certain SchoolCentral Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from SchoolCentral. Unless otherwise provided by the additional terms and conditions applicable to the SchoolCentral Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: help@YourSchoolCentral.com, Subject: Terms of Use Agreement.
Zebra Mobile reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the SchoolCentral Services after Zebra Mobile posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the SchoolCentral Services and that you provide to other Users. Your SchoolCentral profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other SchoolCentral Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and SchoolCentral assumes no responsibility or liability for this material. If you become aware of misuse of the SchoolCentral Services by any person, please click on the "Contact SchoolCentral” or the “Report Abuse” link at the bottom of the SchoolCentral Website pages.
Zebra Mobile reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the SchoolCentral Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Zebra Mobile expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the SchoolCentral Services if SchoolCentral determines, in its sole discretion, that you have violated this Agreement or pose a threat to SchoolCentral and/or its Users.
1. Eligibility.
Use of the SchoolCentral Services and registration to be a Member for the SchoolCentral Services (“Membership”) is void where prohibited. By using the SchoolCentral Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the SchoolCentral Services does not violate any applicable laws, regulations, ordinances, or school policies or codes of conduct. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the SchoolCentral Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. SchoolCentral may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-18.
3. Fees.
You acknowledge that Zebra Mobile reserves the right to charge for any portion of the SchoolCentral Services and to change its fees (if any) from time to time in its discretion. If SchoolCentral terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Zebra Mobile immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members.
The SchoolCentral Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Zebra Mobile. Zebra Mobile reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SchoolCentral Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SchoolCentral Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Zebra Mobile reserves the right to take appropriate legal action for any illegal or unauthorized use of the SchoolCentral Services.
6. Proprietary Rights in Content on SchoolCentral.
6.1 Zebra Mobile does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the SchoolCentral Services. After posting your Content to the SchoolCentral Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("Posting") any Content on or through the SchoolCentral Services, you hereby grant to Zebra Mobile a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the SchoolCentral Services, including without limitation distributing part or all of the SchoolCentral Website in any media formats and through any media channels. This limited license does not grant Zebra Mobile the right to sell or otherwise distribute your Content outside of the SchoolCentral Services. After you remove your Content from the SchoolCentral Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the SchoolCentral Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the SchoolCentral Website as soon as practicable after you make the change.
6.2 The license you grant to Zebra Mobile is non-exclusive (meaning you are free to license your Content to anyone else in addition to Zebra Mobile), fully-paid and royalty-free (meaning that Zebra Mobile is not required to pay you for the use on the SchoolCentral Services of the Content that you post), sublicensable (so that Zebra Mobile is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SchoolCentral Services), and worldwide (because the Internet and the SchoolCentral Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the SchoolCentral Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the SchoolCentral Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the SchoolCentral Services.
6.4 The SchoolCentral Services contain Content of Zebra Mobile ("SchoolCentral Content"). SchoolCentral Content is protected by copyright, trademark, patent, trade secret and other laws, and Zebra Mobile owns and retains all rights in the SchoolCentral Content and the SchoolCentral Services. Zebra Mobile hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SchoolCentral Content (excluding any software code) solely for your personal use in connection with viewing the SchoolCentral Website and using the SchoolCentral Services. SCHOOLCENTRAL, ZEBRA MOBILE and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Zebra Mobile in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
6.5 The SchoolCentral Services contain Content of Users and other Zebra Mobile licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SchoolCentral Services.
6.6 Zebra Mobile performs technical functions necessary to offer the SchoolCentral Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the SchoolCentral Services.
7. Content Posted.
7.1 Zebra Mobile may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Zebra Mobile violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Zebra Mobile assumes no responsibility for monitoring the SchoolCentral Services for inappropriate Content or conduct. If at any time Zebra Mobile chooses, in its sole discretion, to monitor the SchoolCentral Services, Zebra Mobile nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the SchoolCentral Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited.
Generally, content or activities that are not acceptable in school are not acceptable on SchoolCentral. The following are examples of the kind of content or activities that are illegal or prohibited to post on or through the SchoolCentral Services. Zebra Mobile reserves the right to investigate and take appropriate legal action against anyone who, in Zebra Mobile’s sole discretion, violates this provision, including without limitation, removing the offending content from the SchoolCentral Services and terminating the Membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Zebra Mobile:
8.1 is offensive, indecent, objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 “stalks,” harasses, “bullies,” or advocates “stalking,” “bullying” or harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, violence, profanity, offensive language or subject matter or contains a link to a website that contains the same;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Zebra Mobile such as contests, sweepstakes, barter, advertising, or pyramid schemes unless such activities may be in Zebra Mobile’s sole discretion reasonably considered school-related fundraisers;
8.14 includes posting or sharing personal information, content, photographs, or videos of another person that you have posted without that person's consent or reposts of information from restricted (private) pages;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the SchoolCentral Website and through your use of the SchoolCentral Services. Zebra Mobile reserves the right to investigate and take appropriate legal action against anyone who, in Zebra Mobile’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, uploading or sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the SchoolCentral Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Zebra Mobile reserves the right to restrict the number of emails and Mobile Alerts which a Member may send to other Members in any 24-hour period to a number which Zebra Mobile deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, Mobile Alerts, instant messages or other unauthorized commercial communications of any kind through the SchoolCentral Services, you acknowledge that you will have caused substantial harm to Zebra Mobile, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Zebra Mobile $50 for each such unsolicited email, Mobile Alert or other unauthorized commercial communication you send through the SchoolCentral Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the SchoolCentral Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any SchoolCentral page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the SchoolCentral Services or the networks or services connected to the SchoolCentral Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 failure to provide or maintain accurate or current and complete information about you as may be prompted by any registration forms on the SchoolCentral Website;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the SchoolCentral Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the SchoolCentral Services on behalf of that person, such as placing commercial content on your profile, posting news or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
8.30 using the SchoolCentral Services in a manner inconsistent with any and all applicable laws, regulations, ordinances, school rules or codes of conduct.
9. Protecting Copyrights and Other Intellectual Property.
Zebra Mobile respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you believe your work has been copied and posted on or through the SchoolCentral Services in a way that constitutes copyright infringement, please send Zebra Mobile’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the SchoolCentral Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Zebra Mobile’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Zebra Mobile, Inc., P.O. Box 498305, Cincinnati, OH 45249; Facsimile: (513) 351-0610; Attn: Copyright Agent. Zebra Mobile’s Copyright Agent for notification of claimed infringement can also be reached by email at help@yourschoolcentral.com.
10. Member Disputes.
You are solely responsible for your interactions with other SchoolCentral Members. Zebra Mobile reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy.
Use of the SchoolCentral Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference and also available at http://schools.yourschoolcentral.com/help/privacy.
12. Mobile Alerts.
Mobile Alerts consist of the forwarding of information that has been provided by Zebra Mobile or other SchoolCentral Members to you that you have requested from SchoolCentral. The information will be provided as a text message via your mobile phone carrier to your mobile device. The type of information which you ask SchoolCentral to send you is determined by the selections you make on the website maintained by Zebra Mobile. The Mobile Alerts service is maintained 24 hours a day, but Zebra Mobile does not warrant that the Mobile Alerts service will be uninterrupted or error free. There is no additional fee charged by Zebra Mobile for receiving the Text Alert messages; however, standard charges apply from your mobile phone carrier. By subscribing for the mobile alerts feature you will receive an unlimited amount of text messages per month, based on your group subscriptions and alert settings which you can modify from the Alert Settings linked from your Dashboard after registration and activation. When you register to receive the Mobile Alerts, you warrant that you are the legal owner of the mobile device which you registered to receive Mobile Alerts messages, or that you are authorized to incur any charges that may result from receiving the Mobile Alerts messages. When you register for the Mobile Alerts messages, you must provide accurate and current information regarding your identity. Zebra Mobile forwards the information that you have requested in the form of text messages from our Members or partners. Zebra Mobile is not responsible for the contents of any information that is sent to your mobile device, since it is not the originator of this content. Zebra Mobile can make no representations or warranties as to the accuracy or reliability of the contents and accuracy of that information. Zebra Mobile may request that excessive users of the Mobile Alerts reduce their use of the Mobile Alerts and Zebra Mobile may, in its sole discretion suspend your use of the Mobile Alerts if you do not abide by any such request. Zebra Mobile may, in any event, be entitled to suspend its provision of the Mobile Alerts at any time for either routine maintenance or to terminate this agreement immediately if we receive notice that your contract with your mobile phone carrier has been cancelled. Termination of this Agreement for any reason shall not affect the accrued rights and obligations of either Zebra Mobile or you, including (without limitation) the right to recover damages against the other. You may alter or cancel your subscription to the Mobile Alerts service or SchoolCentral Service or any parts of it on the web pages you subscribed at. You can unsubscribe to all Alerts sent by Zebra Mobile through the SchoolCentral Service by replying to a message from or sending a message to SCHOOL (724665) with the word STOP. You request help about SchoolCentral Alerts at any time by replying to a message from or sending a message to SCHOOL (724665) with the word HELP.
13. Disclaimers.
Zebra Mobile is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the SchoolCentral Services, whether caused by Users of the SchoolCentral Services or by any of the equipment or programming associated with or utilized in the SchoolCentral Services and such User Content does not necessarily reflect the opinions or policies of SchoolCentral. Profiles and third party applications created and posted by Members on the SchoolCentral Website may contain links to other websites. Zebra Mobile is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Zebra Mobile. Inclusion of any linked website on the SchoolCentral Services does not imply approval or endorsement of the linked website by Zebra Mobile. When you access these third party sites, you do so at your own risk. Zebra Mobile takes no responsibility for third party advertisements or third party applications that are posted on or through the SchoolCentral Services, nor does it take any responsibility for the goods or services provided by its advertisers. Zebra Mobile is not responsible for the conduct, whether online or offline, of any User of the SchoolCentral Services. Zebra Mobile assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Zebra Mobile such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage. Zebra Mobile is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SchoolCentral Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SchoolCentral Services. Under no circumstances shall Zebra Mobile be responsible for any loss or damage, including personal injury or death, resulting from use of the SchoolCentral Services, attendance at a Zebra Mobile or SchoolCentral event, from any User Content posted on or through the SchoolCentral Services, or from the conduct of any Users of the SchoolCentral Services, whether online or offline. The SchoolCentral Services are provided "AS-IS" and as available and Zebra Mobile expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Zebra Mobile cannot guarantee and does not promise any specific results from use of the SchoolCentral Services. The ability to receive Mobile Alert messages to your mobile device is dependent on individual mobile carrier agreements and the recipient's individual wireless plan with their mobile carrier. The Mobile Alert service is available to customers of the following wireless carriers: Alltel, AT&T, Boost Mobile, Cellular One, Cellular South, Cincinnati Bell, Cricket (Leaps Wireless), Nextel, Sprint, T-Mobile, Verizon Wireless and Virgin Mobile. The ability to receive Mobile Alert messages to your mobile device is dependent on individual mobile carrier agreements and the recipient's individual wireless plan with their mobile carrier. Subscribers may request additional help regarding the Mobile Alert service by visiting http://www.yourschoolcentral.com/help or sending an email to help@yourschoolcentral.com.
14. Limitation on Liability.
IN NO EVENT SHALL ZEBRA MOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SCHOOLCENTRAL SERVICES, EVEN IF ZEBRA MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZEBRA MOBILE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZEBRA MOBILE FOR THE SCHOOLCENTRAL SERVICES DURING THE TERM OF MEMBERSHIP. NOTHING IN THESE TERMS OF USE SHALL AFFECT EITHER PARTY’S LIABILITY WITH RESPECT TO FRAUD, DEATH OR PERSONAL INJURY.
15. U.S. Export Controls.
Software available in connection with the SchoolCentral Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SchoolCentral Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to its conflict of law provisions. You and Zebra Mobile agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio to resolve any dispute arising out of the Agreement or the SchoolCentral Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
17. Indemnity.
You agree to indemnify and hold Zebra Mobile, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SchoolCentral Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the SchoolCentral Services causes Zebra Mobile to be liable to another.
18. Other.
This Agreement is accepted upon your use of the SchoolCentral Website or any of the SchoolCentral Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Zebra Mobile regarding the use of the SchoolCentral Services. The failure of Zebra Mobile to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SchoolCentral is a trademark of Zebra Mobile, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: terms@yourschoolcentral.com with any questions regarding this Agreement.
