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The following are terms of a legal agreement (“Agreement”) between you and School Products.Com Inc. (“Company”), the owner of www.schoolproducts.com (the “Site”). By accessing, browsing and/or using this Site you acknowledge that you have read, understand and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Company may, in its sole discretion and without notice, revise these terms at any time by updating this posting.

HYPERLINKING

Company makes no representations whatsoever about any other website which you may access through this one. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website, even if Company provides information or services to the owner of that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content or the use of such website. In fact, Company disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

COPYRIGHTS AND USE OF SITE CONTENT

The copyright in all materials provided on this Site is held by Company or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the copyright owner. You may not “mirror” any material contained on this Site without Company’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Company or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Company. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Company intellectual property displayed on this Site. Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Company. Company also prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Company in writing.

REGISTRATION; CUSTOMER ACCOUNTS; USE OF SITE

Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information or billing information by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL

By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Company to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to Company at optout@SchoolProducts.com or follow the opt-out procedures set forth in such marketing emails.

USER POSTINGS

You acknowledge and agree that with the exception of your personal information, Company shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against Company for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Company’s use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Company and may be used by Company for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Company’s ownership of such Submissions is successfully contested, you automatically grant Company a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Company does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on the online forum or any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Company expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, obscene, hateful or sexually oriented; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Company in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.

CONDITIONS OF SALE

To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority, and if the purchase is on behalf of a corporation, partnership or other legal entity, you must be authorized to make the purchase on its behalf. Prior to the purchase of any goods or services on our Site, you must provide us with the appropriate billing information requested by Company. You hereby agree to all restrictions, terms and conditions associated with the form of payment accepted by Company.

PAYMENT TERMS FOR CREDIT CARDS

If payment is made by credit card, it must be by VISA, MasterCard, American Express, Discover Network, or government credit cards (each of which may be removed by Company in its sole discretion). Once the order is placed with Company, your card will be automatically charged for the full amount. Your card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Website Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Company of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Company or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New Jersey and any other states or localities that it deems are required.

MODIFICATIONS TO PRICES OR BILLING TERMS

COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Company upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

Company shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made or credit card charged. If payment has been made or your credit card has already been charged for the purchase and your order is canceled, Company shall issue a refund or a credit to your credit card account in the amount of the charge.

SERVICE AND SUPPORT FOR GOODS SOLD

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION

There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that Company’s provision of this information to you does not constitute the rendering of consulting or other advice or services. Moreover, Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Company, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Company does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Company promotes or endorses any third party’s websites, products or services.

ACCESS TO THIS SITE

Company may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.

DISCLAIMER OF WARRANTIES

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASED PERSONS”) BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY AND ALL RELEASED PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless Company and all Released Persons from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by Company and all Released Persons in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

ENFORCEMENT OF TERMS AND CONDITIONS

This Agreement is governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New Jersey in connection with any dispute or claim involving Company. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

INFRINGEMENT NOTICES AND TAKEDOWN

Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright, you should notify Company of your copyright infringement claim. Company will process notices of alleged infringement which it receives and will take appropriate action as required by law.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Company with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Company.

 
 
     
 
 
 
 
     
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