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2. Unsolicited Ideas.
SFS Pro accepts unsolicited ideas and suggestions, including ideas for changing the Account or adding new products or services. However, please be aware that regardless of what your letter or email or anything else says, (a) your ideas, modifications or enhancements will automatically become the property of SFS Pro, without compensation to you, and (b) SFS Pro can use them for any purpose and in any way, even give or sell them to others for any purpose whatsoever. Please do not submit any unsolicited original ideas, modify the Account or create enhancements to the Account (including, without limitation, by modifying a page layout or creating a new page layout or otherwise changing the use or appearance of any portion of the Account) if you do not want SFS Pro to be able to use those ideas, modifications or enhancements without paying you anything. SFS Pro wants to avoid misunderstandings if its products or services might seem similar to ideas submitted to it or used in connection with the Account.
3. User Content.
Any software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos and other data (collectively, the “Content”) that you upload or otherwise make available (“User Content”) in the Account is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted SFS Pro and the Organization, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display and transmit the User Content on the Account. You also permit any other user of the Account to access, view, store and reproduce the User Content to the same extent permitted herein.
You acknowledge that the Account, any underlying technology used in connection with the Account, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos and other data (collectively, the “Content”) available within the Account are provided by SFS Pro or third-party providers and are the copyrighted works of SFS Pro and/or such third parties. Except as expressly authorized by SFS Pro or such third parties in these TOU or as may be posted on the Account, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Account, in whole or in part. You may not store any significant portion of any Content or the Account owned by, or licensed to SFS Pro in any form, whether archival files, computer- readable files, or any other medium. You also may not “mirror” any Content or the Account on any other server.
Some links on the Account lead to sites posted by independent site owners. Because SFS Pro has no control over these sites, SFS Pro is not responsible for such sites’ accessibility via the Internet and does not endorse products, services or information provided by such sites. As such, SFS Pro shall not be responsible or liable, directly or indirectly, for any damage or cost caused or alleged to be caused by or in connection with, use or reliance on any Content, goods or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between the Account and the linked sites. SFS Pro is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection where SFS Pro would be responsible for the actions of their respective owners.
You may only access the Account and use the Account for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the Account. You agree that you will not: (i) use the Account to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) upload, post, email, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane or otherwise objectionable User Content; (iii) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) alter, damage or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Account: (vi) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vii) upload, post, email or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”; (viii) interfere with or disrupt the Account or servers or networks connected to the Account, or disobey any requirements, procedures, policies or regulations of networks connected to the Account; (ix) collect or store personal data about other users; (x) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes, any portion of the Account, use of the Account or access to the Account; or (xi) frame or assist third parties in framing any of the Web pages contained in the Account.
7. Disclaimer of Warranty.
POLAR DYNAMICS IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY OR ON BEHALF OF THIRD PARTIES OR OTHER USERS OF THE SITE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK, NEITHER POLAR DYNAMICS OR THE ORGANIZATION NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE AND NON-INFRINGEMENT. IN NO EVENT WILL POLAR DYNAMICS OR THE ORGANIZATION OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF POLAR DYNAMICS OR THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS OR PROGRAMS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES POLAR DYNAMICS AND THE ORGANIZATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold SFS Pro and the Organization, and its and their affiliates, officers, agents, partners, successors, assigns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, email or otherwise transmit through the Account, your use of the Account, your connection to the Account or your breach of the TOU.
9. Local Laws; Export Control.
SFS Pro controls and operates the Account from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the Account from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Account are solely directed to individuals, companies or other entities located in the United States.
10. Modifications to the Service.
SFS Pro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Account (or any part thereof) with or without notice. You agree that SFS Pro and the Organization will not be liable to you or to any third party for any modification, suspension or discontinuance of the Account.
You may discontinue your participation in and access to the Account at any time. Such requests must be made in writing and will take effect immediately. All User data associated with the Account or district will be stored for a maximum of 180 days before deletion unless otherwise agreed upon by SFS Pro and the school district. Accounts may request two complete copies of data and files to be copied to disc and sent via US mail. The TOU will continue to apply to all past use of the Account by you, even if you are no longer using it. You also acknowledge and agree that SFS Pro and the Organization may terminate or block your use of all or part of the Account, without prior notice if SFS Pro or the Organization believes you have engaged in conduct prohibited by these TOU. You agree that upon termination for misconduct, we may delete all information related to you on the Account and may bar your access to the Account and use of the Account. In the unlikely event that SFS Pro is unable to continue offering services, SFS Pro will provide notification in writing one full calendar year prior to cessation of services.
By accessing the Account, you agree to the above stated TOU. This Agreement is entered into in the State of Indiana and shall be construed in accordance with the laws of the State of Indiana, exclusive of its choice of law rules. Each party to these TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Indiana, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of these TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TOU shall otherwise remain in full force and effect. These TOU and any posted guidelines or rules applicable to certain services within the Account constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. These TOU does not supersede any other agreement between SFS Pro and the Organization. In the event of any conflict between these TOU and any other agreement, the other agreement shall be controlling.