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. Optimal IT (www.Optimal-IT.net) owns and operates The School Volunteer.
These Terms and Conditions May Change
Optimal IT 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 Optimal IT 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. Optimal IT last revised these Terms and Conditions on the date set forth below.
Optimal IT May Change or Suspend Services
Optimal IT 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. Optimal IT may also terminate or suspend any school or user for any reason.
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.
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. Optimal IT 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.
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:
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. Optimal IT has the right, but not the responsibility to eliminate or remove any content or terminate any user or school that may violate these restrictions.
Optimal IT 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 Optimal IT, any users of our Services or the public; or (v) administer the Services.
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 Optimal IT 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 Optimal IT, Optimal IT 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 Optimal IT. For permission to use our materials for other purposes, please send an e-mail to feedback@Optimal-IT.net. 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
Optimal IT is only a venue allowing users to communicate with other users and allowing users to receive content from third parties. Optimal IT 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. OPTIMAL IT 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 OPTIMAL IT 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 OPTIMAL IT AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
You agree to indemnify, defend and hold harmless Optimal IT, 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.
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 Optimal IT. Any such purported assignment or delegation by you without the appropriate prior written consent of Optimal IT will be null and void and of no force or effect.
Copyright Infringement Claims
Optimal IT 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 Optimal IT's 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 Optimal IT to locate the material
Information reasonably sufficient to permit Optimal IT 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. Optimal IT's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
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. Optimal IT's failure to act with respect to a breach by any user or others does not waive Optimal IT's right to act with respect to subsequent or similar breaches. The failure of Optimal IT 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 Optimal IT and User with respect to the subject matter hereof.
Last Updated: 09/11/06