By using The School Volunteer web site, you agree that you have read, understand and accept the terms and conditions below for all use of The School Volunteer services, (collectively, the "Services"). If you do not agree to these terms and conditions, do not use these Services. Two38 Technologies owns and operates The School Volunteer.

These Terms and Conditions May Change

Two38 Technologies reserves the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective five (5) days after Two38 Technologies initially posts them on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. Two38 Technologies last revised these Terms and Conditions on the date set forth below.

Two38 Technologies May Change or Suspend Services

Two38 Technologies may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof by any user or school for any reason. Two38 Technologies may also terminate or suspend any school or user for any reason.

Eligibility

You must be at least 13 years old to be eligible to use the Services. However, if you are younger than 13 years old, you may use the Services if -- and only if --- you have your parents or guardians' prior permission. By using the Service, you are representing that you are at least 13 years old or are under 13 years old and have your parents’ permission to register for the Services.

Passwords/PIN number

Upon registration for the Services, you will choose a user name and a password. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your user name and password. Two38 Technologies shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is the user's responsibility to notify your Admin, so that the Admin can deactivate and/or assign a new password.

Use Restrictions

As the user, you are required to accept total responsibility for your behavior and conduct while using the Services. Common courtesy and mutual respect are necessary when communicating with other users of the Services. Please read over the following list of actions that you agree to refrain from while using the Services:

• Using the Services to transmit, route, provide connections to, or store any material that infringes copyrights works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms that may violate the trademark rights of third parties.
• Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.
• Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy.
• Assuming the identity of any individual other than you.
• Distributing or sending unsolicited e-mail, text or voice message, or "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
• Uploading or transmitting materials through the Services which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitor or copy content on the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on Two38 Technologies' infrastructure.

Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to the Services, and possible civil or criminal liability. Two38 Technologies has the right, but not the responsibility to eliminate or remove any content or terminate any user or school that may violate these restrictions.

Two38 Technologies may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of Two38 Technologies, any users of our Services or the public; or (v) administer the Services.

Submissions

Two38 Technologies welcomes your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you shall be and remain the exclusive property of Two38 Technologies. Your submission of any such Comments shall constitute an assignment to Two38 Technologies of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Two38 Technologies will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Optimal IT expressly disclaims any interest in any Comments that you are not authorized to submit. Any information you submit which personally identifies you will be subject to our Privacy Policy.

Ownership: Copyright and Trademark Notice

Other than private text and e-mail messages, calendar, web links, and contacts data, all of the content you see, hear or otherwise experience through the Services (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Two38 Technologies or by third parties who may own them.

The Content is intended solely for the non-commercial use of authorized users. You may download, print and store selected portions of the Content, if you (i) only use copies of the Content for non-commercial purposes; and (ii) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice. No right, title or interest in any downloaded materials is transferred to you because of any such downloading. As between you and Two38 Technologies, Two38 Technologies shall retain all right, title and interest in and to the Content and Services, including all URLs. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without obtaining prior written permission from Two38 Technologies. For permission to use our materials for other purposes, please send an e-mail to CustomerCare@TheSchoolVolunteer.org. If you wish to use third-party materials appearing on the web site, you must contact the copyright owner of such materials.

No Endorsements of Third Parties or Channels

References on the Services to any names, marks, products or services of third parties, or hypertext links to third party sites or information, or the inclusion of groups do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Two38 Technologies. Two38 Technologies does not endorse nor make any warranties or representations about any website you may access through the Services, including the privacy policy of any such website. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.

Privacy Policy

Click Privacy Policy to read the Two38 Technologies privacy policy.

Disclaimers

Two38 Technologies is only a venue allowing users to communicate with other users and allowing users to receive content from third parties. Two38 Technologies does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users or groups. Two38 Technologies PROVIDES THE SERVICES "AS IS" WITH NO WARRANTIES OF ANY KIND. OPTIMAL IT EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMIED, REGARDING THE SERVICES, INCLUDING ANY IMIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL Two38 Technologies OR ITS EMOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT OPTIMAL IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on the Services, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Two38 Technologies AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).

Indemnity

You agree to indemnify, defend and hold harmless Two38 Technologies, its employees, officers and directors, or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.

Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Two38 Technologies. Any such purported assignment or delegation by you without the appropriate prior written consent of Two38 Technologies will be null and void and of no force or effect.

Copyright Infringement Claims

Two38 Technologies has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, ease provide Two38 Technologies' Copyright Agent the following information required under 17 U.S.C. § 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, a representative list of such works

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Two38 Technologies to locate the material

Information reasonably sufficient to permit Two38 Technologies to contact the complaining party, such as an e-mail address at which the complaining party may be contacted

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Two38 Technologies' Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Miscellaneous

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Two38 Technologies' failure to act with respect to a breach by any user or others does not waive Two38 Technologies' right to act with respect to subsequent or similar breaches. The failure of Two38 Technologies to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Texas without regard to conflict of laws principles. All claims arising from this agreement must be filed in the state or Federal courts located in Texas . This agreement constitutes the entire agreement between Two38 Technologies and User with respect to the subject matter hereof.

Last Updated: 09/11/06