‍

‍Effective Date: Jan 11, 2024

‍

SchoolJoy, Inc. ("SchoolJoy,” “we," "us" and "our") welcomes you to use our website at www.schooljoy.com (the "Website") and our proprietary technology platform (the “Platform”). Our Platform enables K-12 educational institutions to more efficiently accomplish student engagement, enrollment, and enrichment goals by streamlining core processes that manage students’ experiences outside the classroom.

‍

Consent

‍

PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY.

BY ACCESSING OR USING THE WEBSITE OR THE PLATFORM IN ANY WAY AND/OR BY REGISTERING AN ACCOUNT WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE WEBSITE OR PLATFORM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AS POSTED AND ACCESSIBLE THROUGH OUR WEBSITE AND TO USE THE WEBSITE AND THE PLATFORM IN ACCORDANCE WITH THESE TERMS, OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS OR POLICIES THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE PLATFORM ALL OF WHICH ARE DEEMED PART OF THESE TERMS. THESE TERMS ARE A BINDING CONTRACT BETWEEN THE YOU AND SCHOOLJOY AND GOVERN YOUR USE OF AND RIGHTS AND OBLIGATIONS WITH RESPECT TO THE WEBSITE AND THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE PLATFORM.

‍

For the purposes of these Terms, “user,” “users,” “you,” or “your” refer to all persons who access or use the Website and/or the Platform, including students, parents, teachers and representatives or employees of organizations registered with the Platform as well as those individuals browsing the Website.

‍

Changes to These Terms

We may change any provision contained in these Terms at any time and any changes to these Terms will become effective when we make the revised Terms available on the Website. We will update the “Effective Date” at the top of the Terms if we make any such changes. You agree to review the Terms each time you use the Website or the Platform so that you are aware of any modifications. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on the Website prior to the change becoming effective with at least 30 days advance notice.

‍

Privacy and Data Security

By accepting these Terms, you consent to the collection, use and disclosure of your personally identifiable information including educational records provided to us as outlined in the Privacy Policy (the “Privacy Policy”), which can be found at https://www.schooljoy.com/about/privacy. Our Privacy Policy is expressly incorporated into and made a part of these Terms by reference.

‍

Registration and User Accounts

• Registration. You must create an account through the registration page on the Website in order to access and use the Platform. This is a requirement for everyone whether you are registering as a student, parent, teacher or other representative of an organization. During the registration process you will provide certain personal information. Once you create an account you will be provided with a unique username and password. We reserve the right to actively monitor access to the Platform and may, in our sole discretion, immediately revoke the rights granted herein, remove access to the Platform and terminate the account of any person who we determine or reasonably believe has violated or is violating these Terms, or has permitted or is permitting any other person to do so.
• Protection Against Unauthorized Use and Access. You may not transfer or share your account password with anyone, create more than one account or use anyone else's account at any time. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
• Accurate Information. It is imperative that you provide accurate and truthful information about your identity, contact information, educational organization or affiliation, and other information during the registration process. By filling in the registration information you represent and warrant to SchoolJoy that all of the information you provide during this process is true and correct. We reserve the right to refuse or terminate your account or your use of the Platform if we determine that you have not provided complete and accurate information. You are responsible for keeping your information up to date so it is complete and accurate.
• User Responsibilities. You represent, covenant, and warrant that you will use the Website and the Platform only in compliance with our standard published policies then in effect and all applicable laws and regulations. Although we have no obligation to monitor any user’s use of the Website or the Platform, we may do so and may prohibit any use of the Website or the Platform that we believe may be (or alleged to be) in violation of the foregoing.
• Parental Consent. Educational institutions acknowledge and agree that they are solely responsible for compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and Family Educational Rights and Privacy Act (“FERPA”), including, but not limited to, obtaining parental consent concerning the collection of students’ personal information used in connection with the provisioning and use of the Platform or access to such information through the use of third-party products. Educational institutions and SchoolJoy are responsible for obtaining parental consent before allowing any student user under the age of 13 to access and use the Platform.  
• Compliance with Privacy and Data Protection Laws. We will only use personally identifiable information (including educational records) pursuant to these Terms (including the Privacy Policy) and in compliance with applicable law including, but not limited to, FERPA. If you are using the Platform as a representative of an organization it is your responsibility to (i) comply with all applicable privacy and data protection laws, (ii) ensure that you have obtained all necessary consents from student and/or parent users, and (iii) ensure that the student and/or parent users have agreed to the collection, use, maintenance and processing of their personally identifiable information (including educational records) and the access of such information by you, by us, and, where applicable, other third parties. We do not provide legal or compliance advice and you are responsible for retaining competent counsel and advisors for these purposes.
• Electronic Communications. By signing up to use the Platform, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message and calls to the cellular telephone number you provided to us. You also consent to receiving communications and feedback from other users in connection with the services provided through the Platform.

‍

Right to Use and Restrictions

• Right to Access and Use. Subject to your compliance with these Terms, SchoolJoy and its licensors (if applicable) hereby grant to you during the Term a limited, personal, non-transferable, revocable, non-exclusive license to access and use the Website and the Platform, in the current version thereof. You shall only be permitted to use the Website and the Platform for your own internal business purposes or personal use, as applicable, subject to the terms and conditions of these Terms. Any future release, update or other addition to the Platform or the Website shall be governed by these Terms. With respect to any open source or third-party code that may be incorporated in the Website or the Platform, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code.
• Restrictions. By using the Website or the Platform, you agree that you will not, and will not permit or authorize third parties, directly or indirectly, to: (i) download, copy, alter, modify, translate, or create derivative works based on the Website or the Platform or any portion thereof for any purpose whatsoever (except to the extent expressly permitted by SchoolJoy); (ii) attempt, by de-compilation, reverse-engineering, disassembly, or any other method, to create or derive all or any portion of the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Website or the Platform or any software, documentation or data related to the Website or  Platform; (iii) alter or remove any copyright or proprietary rights notice on or within the Website or Platform; and (iv) license, sublicense, publish, distribute, disclose, manufacture, sell, market, rent, lease, transfer or otherwise commercially exploit or provide access to the Platform to any third parties other than users registered to access or use the Platform. If you make use of the Platform or the Website, other than as provided herein, in doing so you will be in breach of these Terms and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Website and the Platform.
• Connectivity; Equipment. You shall be solely and exclusively responsible, at your own expense, for the acquisition, installation, operation, security and maintenance of the minimum system components and communications services required to access and use the Website or the Platform. Any inability to access or interruption of access to the Website or the Platform due to your failure to procure and maintain the necessary hardware and communications services shall be at your sole and exclusive liability and responsibility and SchoolJoy shall have no responsibility or liability for same.

‍

Intellectual Property Ownership

• Ownership. The Platform and the Website including, without limitation, the content (with the exception of your personal, platform, and service data), Website and system design, text, graphics, organization, compilation, look and feel, the source, object and HTML code, documentation, frameworks, workflows, system audio, system-generated videos, music, usage analytics data and all other protectable intellectual property available through the Platform or comprising the Website (the “Proprietary Materials”) are the sole and exclusive property of SchoolJoy and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials shall be owned solely and exclusively by SchoolJoy as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by us. All rights regarding the Proprietary Materials not expressly granted in these Terms are reserved by us.
• Restrictive Legends. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Proprietary Materials. The information on the Platform and the Website including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.
• Trademark Usage. Our company name, service names and associated logos are trademarks of SchoolJoy, and you agree not to use or display them in any manner without SchoolJoy’s prior written permission. Nothing on the Platform or the Website should be construed to grant any license or right to use any SchoolJoy trademark without the prior written consent of SchoolJoy. Product names, logos, designs, titles and words associated with the Platform and the Website may be protected under law as trademarks, service marks or trade names of SchoolJoy. Such trademarks, service marks and trade names may be registered in the United States and internationally.
• Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform and the Website.

‍

User Content

• User Content. You acknowledge that all user content is the sole responsibility of the party from whom such content originated. This means that you, and not SchoolJoy, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available through the Platform. Except with respect to your content, you agree that you have no right or title in or to any content that appears on or in the Platform. SchoolJoy does not claim ownership of your content. However, subject to the terms and conditions of the Privacy Policy, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your approved content (in whole or in part) for the purposes of operating the Platform and providing services to Parents and Community, with exception to any and all student data, and for any other lawful purpose included in these Terms. When you as a user post or publish your content on or in the Platform, you represent that you have the authority to grant the aforementioned license to us and such content does not violate or infringe on any third party’s intellectual property rights.
• User Interactions. You are solely responsible for your interactions with other users of the Platform and any other parties with whom you interact through the Platform; provided, however, that we reserve the right, but have no obligation, to intercede in disputes among users. You agree that we will not be responsible for any liabilities incurred as the result of such interaction.
• Content Provided by Other Users. The Platform or Website may contain content provided by other users. We are not responsible for and do not control user content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to user content. You use all user content and interact with other users solely at your own risk.

‍

Data Retention

Certain data may be stored by or on behalf of SchoolJoy on our servers in connection with your use of our Platform. This consists primarily of anonymous analytical data or information relating to your use of the Platform, but may also include data or information that students, teachers or other users have stored on our servers in the process of using our Platform (“Data”).

‍

SchoolJoy will retain your Data, if any, for a period of thirty (30) days following termination of this Agreement (the “Retention Period”). SchoolJoy has no obligation to retain any Data beyond the Retention Period for any user or educational institution. You understand and acknowledge that following expiration of the Retention Period, SchoolJoy has the right to delete your Data from its servers in its sole discretion.

‍

It is your responsibility to keep copies of your Data in other secure storage. Educational institutions have the sole responsibility to ensure copies of student Data are stored on their student information system or other secure storage. SchoolJoy will not be responsible for any loss of Data.  

‍

User Rules of Conduct

The Website and the Platform may only be used for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Platform. We may, in our sole discretion, and with or without notice, terminate your account if you misuse the Platform or the Website, or if you violate these Terms including, without limitation, the rules of conduct contained in this section. SchoolJoy may delete any information provided by you that it deems, in its sole discretion, in violation of these rules of conduct.

SchoolJoy specifically prohibits any use of the Platform or the Website to, and you and all users agree that you will not use the Platform or the Website for, any of the following:

upload, post, or transmit to SchoolJoy or any user by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

impersonate any person or entity, including another user or an employee of SchoolJoy, or falsely state or otherwise misrepresent your affiliation with a person or entity;

use the Platform or the Website for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;

intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords;

stalk or otherwise harass another user or any of our employees;

access or attempt to access another user’s account in order to use the Platform except as allowed under these Terms;

create, scrape or display our content for any purpose;

post any content from the Platform or the Website to weblogs, news groups, mail lists or electronic bulletin boards, without our prior written consent;

use the Platform or the Website to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Platform or the Website;

access the Platform or the Website through access points or a wireless data account which you are not authorized to use;

post content or material that infringes on any copyright, trademark or other  intellectual property rights, trade secret, privacy or publicity right of another;

cause nuisance, annoyance, disruption, or inconvenience to SchoolJoy or any other user; or

attempt to interfere in any way with the Platform’s, the Website’s or SchoolJoy’s networks or network security, or attempting to use the Platform or the Website to gain unauthorized access to any other computer system.

‍

Security Rules

Violations of our system or network security may result in civil or criminal liability. SchoolJoy will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Platform or the Website, including, without limitation, the following:

launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform, the Website or our network or host;

attempt to impair, interfere with or disrupt our servers or networks;

access data not intended for you or logging into a server or account that you are not authorized to access;

attempt to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or

forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.

‍

Representation and Warranty; Indemnity

You represent and warrant to SchoolJoy that any information or materials you post on or transmit through the Platform or the Website for any purpose will not infringe on the copyright, trademark or other  intellectual property rights or trade secrets or violate any other rights of any third party. You agree to defend, indemnify and hold SchoolJoy and its directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns harmless from and against any and all claims, liabilities, demands, damages, losses, judgements, costs and expenses of any nature whatsoever, including court costs, collection expenses and reasonable attorneys’ fees, in any way arising from, related to or in connection with (i) your access, use or misuse of the Platform or the Website, (ii) your violation of these Terms, (iii) your violation of any applicable law, rule or regulation, including but not limited to COPPA and FERPA, (iv) any other person’s access and use of the Platform with your unique username, password or other appropriate security code, or (v) the posting or transmission of any materials on or through the Platform or the Website by you or via your account, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right or violates applicable law. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Agreement, and you agree to cooperate with our defense of these claims.

‍

Modification or Discontinuation of Services        

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the services provided on or through the Platform or the Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any portion thereof.

‍

Third Party Websites, Products and Services

The Platform or the Website may link to or promote websites, products and/or services from third parties. You agree that we are not responsible for, and do not review, examine or control, those websites or any third party products or services in any way. We encourage you to be aware of this when you leave the Platform or the Website or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of any linked third party websites or the information or material accessed through or products or services offered by these linked third party websites.

‍

Term and Termination

• Term and Termination. Your account will continue, unless we terminate it or you notify us by email at support@schooljoy.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your account (the “Term”). Any termination will be effective upon receipt unless otherwise stated in the written notice.
• Termination by SchoolJoy. SchoolJoy has the right, at our sole discretion, to terminate your account and access to the Platform, at any time and for any reason.
• Access to Data Upon Termination. Following termination of your account, you can provide a written request to receive a copy of your content contained within the Platform for a period of 30 days following the account termination date and we will provide a copy of your content to you within 30 days following our receipt of the request. It is your sole responsibility to submit this request for a copy of your content contained within the Platform within 30 days following the account termination date and if you are using the Platform on behalf of an educational organization to ensure the secure preservation of the information for your students pursuant to federal and state law. We will delete the content in your account as provided in the Privacy Policy.

General Release

You agree not to hold SchoolJoy liable for the user content, actions, or inactions of yourself or other users of the Platform or of other third parties. As a condition of access to the Platform, you release SchoolJoy (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Platform or with other third parties, including whether or not SchoolJoy becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

‍

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOOLJOY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE PLATFORM, THE WEBSITE AND ALL CONTENT, FUNCTION AND MATERIALS THEREIN.  THE PLATFORM AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EVEN IF THE LIMITED REMEDY IN THESE TERMS HAS BEEN FOUND TO FAIL ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS (i) THAT THE PLATFORM OR THE WEBSITE WILL MEET YOUR REQUIREMENTS OR YOU WILL ACHIEVE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR THE WEBSITE, (ii) THAT THE OPERATION OF THE PLATFORM OR THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE PLATFORM, THE WEBSITE OR THE SERVER THAT MAKES THE PLATFORM OR THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL TO YOUR COMPUTER SYSTEM, (iii) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (iv) REGARDING THE USE OF OR CONTENT IN THE PLATFORM OR THE WEBSITE IN TERMS OF THEIR QUALITY, ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS, USEFULNESS, RELIABILITY OR OTHERWISE.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU USE THE PLATFORM OR THE WEBSITE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM OR THE WEBSITE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR THE WEBSITE IS TO STOP USING THEM.

‍

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCHOOLJOY AND EACH OF ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, GOODWILL, BUSINESS INTERRUPTION, ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR RESULTING FROM: (i) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE PLATFORM OR THE WEBSITE; (ii) THE ACTIONS OR INACTIONS OF ANY USER YOU CONNECT WITH VIA THE PLATFORM; (iii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PLATFORM, THE WEBSITE, THESE TERMS OR ANY OTHER SERVICES PROVIDED BY SCHOOLJOY. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SCHOOLJOY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR THAT SUCH DAMAGES ARE FORESEEABLE, AND EVEN WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND THE WEBSITE. YOUR ONLY REMEDY AGAINST US FOR USE OF THE PLATFORM AND THE WEBSITE IS TO STOP USING THE THEM. THAT SAID, IF SCHOOLJOY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM AND THE WEBSITE, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. THIS LIMITATION ON DAMAGES SHALL APPLY IRRESPECTIVE OF WHETHER THESE TERMS HAVE BEEN BREACHED BY ANY PARTY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Section limits our liability and reflects an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.

‍

Notice of Copyright Infringement

If you believe that your copyrighted work has been copied, posted or distributed through the Platform or the Website in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:

a description of the copyrighted work that you believe has been infringed;

a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on the Platform or the Website;

your contact information including address, telephone number, and email address;

a written 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;

a statement by you, made under penalty of perjury, affirming 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; and

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our copyright agent at the following address:

By mail:

SchoolJoy, Inc.

Attn: copyright agent

2734 Bayview Drive

Fremont, California 94538 USA

By email: support@schooljoy.com

‍

General Terms and Conditions

‍

Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Platform or the Website will be an appropriate federal or state court serving or located in Alameda County, California.

Severability. If any provision in these Terms is held invalid by a court of competent jurisdiction, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.

Assignment; Beneficiaries. You may not assign your rights or obligations under these Terms to anyone without our prior written consent. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.

Attorneys' Fees. In the event that any legal action is brought with respect to these Terms, the prevailing party in such legal action shall be entitled to recover reasonable attorneys' fees, as well as costs of the arbitration or legal action, in addition to any other relief it may receive or be awarded.

No Continuing Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Notices. By using the Platform, you agree to receive certain electronic communications from SchoolJoy. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.

Claims. Any claim or cause of action you may have with respect to SchoolJoy, the Platform or the Website must be commenced within one (1) year after the claim or cause of action arose.

Headings. The subject headings of the sections in these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.

Commercial Items. If access to the Platform is licensed to the United States government or any agency thereof, then the Platform will be deemed to be “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Platform and all related documentation are provided to U.S. Government End Users only as a commercial items and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.

Survival. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

‍

How To Contact Us

We welcome your comments and questions. Please contact us at:

SchoolJoy, Inc.

2734 Bayview Drive 

Fremont, California 94538 USA

(510) 768-9166

support@schooljoy.com

‍