IMPORTANT NOTICE. THIS IS A BINDING LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE, OR SUBMITTING ANY PERSONAL INFORMATION. YOU AGREE TO THESE TERMS BY CREATING AN ACCOUNT, USING THE WEBSITE OR OTHERWISE ACCESSING STORY MENTORS CONTENT.
The Website is designed to be used by parents, teachers and mentors working to help children become more confident readers. Teachers, parents and mentors are free to use the Website and its content to help their students, children and mentees improve their reading skills, but nobody is permitted to use the Website or any of its content for any commercial or other purpose, or to publish, re-post or re-distribute the content without The Foundation’s prior written consent. If You want others to have access to the content, please refer them to the Website, where they can create their own account.
1. Who’s who? The Story Mentor’s website and all of its content is provided by The Barbara Bush Foundation for Family Literacy, Inc., a Florida Not for Profit Corporation, which we refer to in these terms and conditions (these “Terms”) as “The Foundation.” When “We” or “Us” or “Our” is used in these Terms, it is a reference to The Foundation. The “Website” refers to the Story Mentors website and all content accessed from it. “You” or “Your” refers to the person creating or using an account on the Website, or otherwise accessing or using content provided through the Website. If you are using the Website as part of your job, or on behalf of your employer, “You” or “Your” also refers to your employer.
3.2 The Website is intended for use only by persons over the age of 13, and only in the United States of America. If You are not over the age of 13 or are located outside the United States of America, You may not use the Website or its content, except with the help of a teacher, parent or mentor who created an account on the Website. We do not solicit, and You must not provide, any personal information relating to any person under the age of 13 through the Website. Since the Website and its content is provided free of charge, We reserve the right to terminate Your access or otherwise deny You the ability or right to use the Website or its content for any reason at any time.
3.3 The Website is not intended to be used by residents of the European Union or persons in the European Union. It is intended to comply with U.S. privacy laws only and may not comply with the GDPR or any privacy or other laws of other countries. If you are a resident of a European Union member state, or present in a European Union member state you should not, and may not, create an account on the Website or otherwise provide Us with any personal information.
4. Account Information
4.1 You warrant and represent that all information provided through the Website will be truthful, accurate, and complete, and will be submitted only for lawful purposes. You will grant, and hereby do grant, Us a perpetual, non-exclusive, royalty-free, worldwide, unlimited, perpetual, irrevocable and sub-licensable right and license to use any information you provide through the Website to monitor and improve the Website and its content, and any associated program or project of The Foundation.
4.2 You will maintain the confidentiality of any password, user ID, and other account credentials provided to You, or obtained by You, in connection with the Website, and will not share such information with any third party, or use such information for any purpose not expressly authorized under this Agreement, without the Foundation’s prior written consent. You agree to notify Us in writing immediately of any actual or suspected unauthorized use of Your account credentials, or any other breach of Our security that is known or suspected by You. Notice may be provided by email to: info@BarbaraBush.org.
4.3 You consent to the use of electronic communications in transacting business with Us, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with Us, You will need to provide Us with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You will not use the Website.
6. Feedback. From time to time, The Foundation or a third party engaged by Us may request feedback and other information from You about the Website or Your experiences with the Website (“Feedback”). You may also choose to participate in forums or to otherwise post content through functionality of the Website by separately emailing or contacting Us (“Postings”). Providing Feedback and Postings is optional. By providing Feedback or Postings, however, You will grant, and hereby do grant, The Foundation a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right and license to use the Feedback and Postings for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback and Postings in any medium whatsoever along with Your (or Your employer’s) name.
7. Offensive Content. The Foundation reserves the unilateral, unfettered right (but not the legal obligation) to delete or suspend access to any content or information (including without limitation Feedback and Postings, that The Foundation determines, in its sole discretion, is or may be illegal, infringing, defamatory, offensive or contrary to the mission of promoting literacy in a respectful, Professional and inclusive manner. To the extent any such content is posted by You or through Your account, You may be subject to legal action by The Foundation or third parties.
8. Reverse Engineering and Non-interference. In addition to any of Our information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed to be Our trade secrets and You will treat them as such unless and until We have made them public: (i) all source code, data and configuration files within or comprising the Website or used to receive content from, or deliver content to the Website; (ii) all product or service development plans of The Foundation; and (iii) any security vulnerabilities and information relating to actual or alleged security vulnerabilities or breaches of the Website. By agreeing to these Terms, You acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that xiim takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that You will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (iv) discover or use any of Our trade secrets; (v) reverse engineer or otherwise discover any source code utilized by the xiim Platform or any client or other software provided by Us; (vi) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by Us; (vii) use the Website to provide unsolicited electronic communications (a.k.a. spam) or distribute any infringing or illegal content; (viii) use the xiim Platform or any client or software provided by Us for any illegal, immoral or improper purpose; (ix) prevent or inhibit access to (or use of) the Website by any person; or (x) publish, reproduce or use for any purpose other than as expressly contemplated under this agreement, any content on or available through the Website. You further warrant and represent that You will not use the Website or any of its content to implement, develop, refine, enhance, use or promote any website, software or service that competes with the Website.
9. Linking, Crawling and Framing. You may link only to the home page of the Website, and notto any other page or portion of it. You agree not to, and warrant and represent that You will notassist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Website through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by Us.
10. Intellectual Property Claims. If you are a copyright owner or agent thereof and believe that content posted on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location containing the material that you claim is infringing; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For such submissions, we can be reached by mail at 516 North Adams Street, Tallahassee, Florida 32301, or by email at info@BarbaraBush.org. Please use this same contact information to report to Us any other complaint you may have regarding the Website or its content, including without limitation, any complaint that such content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (g) a signed certification that the complaint is being made in good faith by one authorized to do so; (h) an email address or physical address where you may be contacted; (i) the URL of the location where the objectionable content can be found; and (j) a reasonable description of the rights you believe are violated by the objectionable content.
11. Warranty Disclaimer. AS BETWEEN YOU AND US, THE WEBSITE AND ALL INFORMATION AND CONTENT ACCESSED FROM THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND YOU USE ALL OF THE FOREGOING ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER REGARDING ITS AVAILABILITY OR THE CORRECTNESS OF ANY CONTENT, OR THAT IT WILL PROVIDE ANY FEATURE OR CAPABILITY, OR BE SUITABLE FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR INFORMATION COLLECTED THROUGH IT WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
12. Limitation of Liability; Indemnification; Release
12.1 IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF THE FOUNDATION SHOULD BE HELD LIABLE FOR ANY DAMAGES, THE ENTIRE LIABILITY OF THE FOUNDATION (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00 USD) PER AFFECTED USER AND TEN THOUSAND DOLLARS ($10,000.00 USD) IN TOTAL IN CONNECTION WITH ANY CLAIM OR ACTION. NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST US OR OUR AFFILIATES.
12.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12.3 THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL SURVIVE EVEN IF ANY EXCLUSIVE OR LIMITED REMEDIES PROVIDED IN THIS AGREEMENT SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.
12.4 You shall indemnify, defend (including by paying reasonable attorneys’ fees and costs) and hold harmless xiim and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this agreement by You or any person under Your control, or by any person who received, discovered or used Your password or other access credentials; (b) Your use of the Website or its content; or (c) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
12.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE WEBSITE OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. Survival. All terms and conditions that, by their nature, should survive termination of this Agreement (regardless of the reason for termination) will survive including, without limitation, all licenses granted by you, all warranties and representations by you, all limitations of liability and disclaimers, and all terms relating to notice, choice of law, choice of venue or dispute resolution. Our remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.
14. Governing Law & Jurisdiction. This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Florida, without giving effect to any conflict of law provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. Subject to Section 15 (Disputes), the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in the state of Florida and You hereby consent to the exclusive jurisdiction of such courts in any and all matters that may arise in connection with this agreement, the Website, and/or any account information or content provided by You for or via the Website. You expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court. Notwithstanding the foregoing, We may seek injunctive or other equitable relief in any court of competent jurisdiction.
15. Disputes. With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:
15.1 Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.
15.2 All disputes that have not been resolved by the designated representatives within thirty (30) days after said initial written request by one of the parties to appoint a designated representative, shall be resolved by the courts specified in Section 14, upon the filing of an action by either party with said courts.
15.3 You agree to not bring any formal legal action against the Foundation or its directors or employees in connection with the Website or this Agreement without first following the dispute resolution procedures in this Section 15 (Disputes). Should you do so, The Foundation shall be entitled to recover all of its reasonable expenses and costs, including outside and in-house attorneys’ fees, from You, in addition to any other remedies available in law or in equity.
16.1 You are responsible for providing and maintaining Your own internet connection and We will have no liability whatsoever resulting from Your inability to access the internet or any connection issue that prevents connections with the Website or any content thereon.
16.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect.
16.4 This Agreement is personal to You. You may not assign Your rights or delegate Your obligations under this agreement, in whole or in part, without Our prior written consent. Any attempted assignment or delegation by You shall be voidable ab initio by xiim. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
16.5 This agreement shall not be construed as creating any agency, partnership or joint venture between Us and You.
Last updated: August 13, 2018
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