Shoes for School Foundation (“SFS”) provides this Website and its Content for your personal information. By using the Website or downloading Content from the Website, you agree to abide by the terms and conditions set forth in this agreement (“Agreement”). If you do not agree to abide by these terms and conditions, do not use the Website or download Content from the Website.
Ownership and License
The Website is owned and operated by SFS. All materials provided on the Website, including, without limitation, all text, documents, reports, data, graphics, photographs, charts, logos, buttons, icons, images, audio and video clips, and software (“Content”), are the property of SFS or its content suppliers and are protected by U.S. and international copyright laws and other intellectual property laws.
SFS hereby grants to you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Website and Content pursuant to this Agreement for noncommercial purposes only, provided that you do not (and do not permit any third party to) reproduce, republish, distribute, transmit, upload, post, publicly display, publicly perform, modify, create a derivative work of, or reverse engineer any Content. You must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content.
“Shoes for School” and all trademarks, service marks and trade names used on the Website are the property of SFS or their respective owners. Use of such trademarks, service marks or trade names is prohibited, except as provided by this Agreement, without the express written permission of SFS.
You agree that you are solely responsible for your use of and reliance upon the Website and Content. You further covenant and agree: (a) not to use the Website or Content in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules; (b) not to access the Website or Content other than for your or your organization’s non-commercial use; (c) not to attempt in any way to interfere with or disrupt the proper functioning of the Website nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; (d) not to submit automated or machine-generated requests or queries; (e) not take pages or Content from the Website and reformat and display them, or mirror the Website on any website; (f) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other rights of a third party; and (g) not to post, transmit or upload any libelous, defamatory, obscene, sexually explicit, abusive, or otherwise illegal material.
Shoes for School, in its sole discretion, shall determine whether any activity is in violation of the provisions of this Agreement, and may take such corrective action it deems appropriate, including, without limitation, terminating your access to the Website.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK, AND THAT THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SFS MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR BE ACCURATE, COMPLETE, TIMELY, SECURE, OR ERROR FREE, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, NOR DOES SFS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY POSTING, DOWNLOADING, OR OTHER USE OF THE WEBSITE OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ANY SUCH POSTING, DOWNLOAD, USE OF, OR RELIANCE UPON THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SFS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SFS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR CONTENT, OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO STOP USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold SFS, its parents, subsidiaries, affiliates, officers, directors, agents, suppliers, and employees harmless from any claims, damages and expenses, including all reasonable attorneys’ fees, related to your (a) access to or use of the Website or Content; or (b) violation of any provision of this Agreement.
You acknowledge and agree that SFS may modify this Agreement at any time, and that such modifications shall be effective and binding upon you immediately upon posting to this web page, and that such posting will constitute notice to you of such amendments to the Agreement. It is your responsibility to review this Agreement to apprise yourself of any such modifications to the Agreement.
Shoes for School may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. SFS may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Some parts of the Website may contain hyperlinks to third party websites and resources on the Internet, or may be linked from such sites (“Linked Websites”). Such hyperlinks are provided only as a convenience. The inclusion of such links on the Website is not an endorsement by SFS, implied or otherwise, of the Linked Websites or any products, services, or content offered on such sites, and no content on such Linked Websites has been endorsed or approved by SFS. The Linked Websites are not under the control of SFS. You agree that under no circumstances shall SFS be held responsible or liable for any loss or damages caused or alleged to have been caused by your use of or reliance on any products, services, or content available on any Linked Website.
In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. Shoes for School Foundation’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its choice of law provisions. You and SFS agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Mississippi. This Agreement and any modifications hereto constitute the entire agreement between SFS and you, and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
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