|
www.myschoolpsych.com
Terms of Service
The terms and conditions below (the "Terms of Service") govern your access to and use of myschoolpsych.com, mobile applications, products, and services (collectively, the "Site"). The Terms of Service constitute a legal agreement between you and myschoolpsych.com. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.
1. Definitions.
1. A "user" is someone who accesses, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", and "our" refer to the operator of myschoolpsych.com.
2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, and information that you display. "User Content" means
Content that users submit or transmit to or through the Site. "myschoolpsych.com Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than myschoolpsych.com or its users, such as data providers who license data to myschoolpsych.com for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and myschoolpsych.com Content.
2. Eligibility.
You represent and warrant that you (a) have not previously been suspended by myschoolpsych.com or removed from the Site; (b) are not a direct competitor of myschoolpsych.com; (c) do not have more than one myschoolpsych.com account at any given time; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
3. Changes to the Terms of Service.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
4. Use of the Site.
We grant you permission to use the Site subject to the restrictions in these Terms of Service. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. myschoolpsych.com does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.
5. Restrictions on Use.
You agree that you will not, and will not assist or enable others to:
1. use the Site to threaten, defame, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
2. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Site for promotional or commercial purposes, except as expressly allowed in writing by myschoolpsych.com;
4. use the Site in a manner that may create a conflict of interest, such as trading information with other business owners or writing or soliciting shill reviews;
5. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
6. use the Site to promote bigotry or discrimination against protected classes;
7. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
8. use the Site to submit or transmit pornography or illegal content;
9. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
10. use the Site in violation of the Terms of Service or any applicable law;
11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by myschoolpsych.com;
12. reverse engineer any portion of the Site;
13. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
14. record, process, or mine information about other users;
15. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
16. access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;
17. reformat or frame any portion of the Site;
18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on myschoolpsych.com's technology infrastructure;
19. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.The restrictions above only apply to the extent permissible under applicable law.
5. Site Availability.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
6. Unauthorized Access.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Termination.
We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. In the event of any termination, whether by you or us, the Terms of Service will continue in full force and effect.
8. Warranties, Disclaimers, and Limitations of Liability.
1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. myschoolpsych.com MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3)
THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. myschoolpsych.com FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM myschoolpsych.com OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
2. myschoolpsych.com DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR
CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF myschoolpsych.com OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
3. myschoolpsych.com FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
4. myschoolpsych.com ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH myschoolpsych.com RESERVES THE RIGHT TO MONITOR DISPUTES
BETWEEN YOU AND THEM.
5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
6. RATEMYJOB.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO myschoolpsych.com IN CONNECTION WITH THE SITE
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
9. Indemnity.
You agree to indemnify and hold myschoolpsych.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. myschoolpsych.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of myschoolpsych.com. myschoolpsych.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Third Parties.
The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site are provided in connection with third parties and subject to the terms of use of each individual Third Party Site, which terms are incorporated herein by reference.
11. Miscellaneous.
1. If there is any dispute about or involving the Site or myschoolpsych.com, you agree that any such dispute will be governed by the laws of the
State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state courts in Contra Costa County, California and federal courts in San Francisco, California.
2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
4. Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
8. The Terms of Service are not assignable, transferable or sublicensable by you except with myschoolpsych.com's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
10. Contact.
Please contact us with any questions regarding the Terms of Service through the use of the contact form.
|
