TERMS OF SERVICE
Welcome to the website of St. Margaret’s School (“SMS”). These Terms of Service apply to your access and use of SMS’s website, https://www.sms.org, (as well as third party social media sites of SMS) and services made available through the same (collectively “Services”).PLEASE NOTE: IF YOU ARE UNDER THE AGE OF 13, OR EQUIVALENT MINIMUM AGE IN THE APPLICABLE JURISDICTION, YOU MUST OBTAIN YOUR PARENT'S OR GUARDIAN'S CONSENT PRIOR TO CREATING ANY USER ACCOUNT WITH SMS OR VIA THE SERVICES. IF YOU ARE UNDER AGE 13, PLEASE HAVE YOUR PARENT OR GUARDIAN COMPLETE AND VERIFY ALL ACCOUNT OPENING PROCESSES AND PROCEDURES FOR YOU. If you are at least 13 years of age and you are the parent or legal guardian of one or more children seeking to use SMS Services, you may create an account only for your own children, or children for whom you are a legal guardian.
License, Restrictions and Ownership
License. SMS grants you a limited, non-exclusive, non-transferable, revocable, limited license to access and use Services as expressly permitted herein. Except for this limited license, SMS does not grant you any other rights or license. SMS reserves all rights not expressly granted herein.
Restrictions. You agree not to do any of the following:
- Upload content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of the Services or another’s computer;
- Restrict or inhibit any other user from using and enjoying Services;
- Violate any applicable laws or regulations; and/or
- Create a false identity for the purpose of misleading SMS or others.
SMS’ Proprietary Rights. All logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Services (collectively referred to as “SMS Content”) are protected under U.S. intellectual property laws, and you acknowledge that, as between you and SMS, such are exclusively owned and/or controlled by SMS. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF SMS CONTENT IS PROHIBITED.
Registration. You may need to create a user account to use all features and functionality of Services. To register you may need to create a username and password. SMS may also request that you provide additional information, including but not limited to the following: (i) birth date; (ii) gender; (iii) country; (iv) state; (v) zip code; (vi) wireless telephone number; (vii) email address and/or the email address of your parent or legal guardian; and (viii) address. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible and liable for all activities conducted through your account.
Disclaimer and Release.
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMS MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF SERVICES. SMS DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SMS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO SERVICES. THE FUNCTIONS, MATERIALS AND CONTENT OF SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND SMS MAKES NO WARRANTY THAT THE INFORMATION OR SERVICES OR CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICES WILL MEET YOUR EXPECTATIONS. SMS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT SMS, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE SERVICES, EVEN IF SMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend, and hold SMS and SMS’s officers, directors, shareholders, and agents harmless for any and all loss cost, disputes, demands, claims, and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of these Terms of Services; (ii) your use or misuse of the Services; (iii) your violation of any law or the rights of any third party.
You may terminate your participation at any time by discontinuing use of the Services and by notifying SMS of the same. At that time SMS may delete information you have submitted via the Services. If you have a dispute with us relating to the Services, cease use of the Services. Ceasing all use of the Services is your only remedy with respect to any such dispute that you may have with us. SMS RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES IF SMS DETERMINES YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF SERVICE.
Changes to Services
From time to time, SMS may modify, suspend, or discontinue Services without notice to you. SMS shall not be liable to you for any modification, suspension, or discontinuance of any Services. SMS may establish certain policies and practices concerning use of the Services. Accordingly, SMS reserves the right to change these Terms of Service (in part or wholly) at any time, with or without prior notice. SMS will notify you of any such changes by posting an updated Terms of Service and/or by notifying you via the email address that may be linked to your account.
Third Party Links.
Services may incorporate links to websites or content owned or operated by third parties. Some third party websites may collect data or solicit personal information from you. SMS does not own or control such websites and is not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third party website or content that may be linked to the Services.
Choice of Law and Venue
These Terms of Service, your access and use of the Services, and the relationship between you and SMS are governed by the laws of the State of Virginia, without giving effect to its conflict of law provisions.
You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to these Terms of Service, or otherwise relating to any rights in, access to or use of Services shall be binding arbitration, under the American Arbitration Association ("AAA") commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.
SMS Contact Information
If you have any questions or concerns, please contact SMS at: St. Margaret’s School, PO Box 158, Tappahannock, VA 22560; 804.443.3357.