WARNING: YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE
SCHOOLPOOL WEBSITE.
SCHOOLPOOL
MARIN
TERMS
OF USE AGREEMENT
IMPORTANT-READ CAREFULLY: This Terms of Use Agreement (the “Agreement”)
is a legal agreement between you (“You” or “Your”) and Transportation Authority
of Marin (hereinafter referred to as “SchoolPool Marin”), pertaining to the
referral services for Shared Transportation (as defined in Section 1 below)
provided through the Website (as defined in Section 4 below). This Agreement sets forth the terms and
conditions for You to use the Website and any related or successor site(s)
thereto operated directly or indirectly by SchoolPool Marin.
This Agreement is an ongoing contract between You and
SchoolPool Marin and affects Your rights.
You should read it carefully.
1.
REFERRAL SERVICES. SchoolPool Marin’s Website is solely
intended to provide a referral service for members of the community looking to
arrange shared transportation, including via carpool, walking, bike riding, or
bussing (collectively, “Shared Transportation”), to or from school for their
child(ren) in Kindergarten through
twelfth grade. This referral service and
the related listings on the Website are intended to serve only as a forum and
do not include any endorsement by SchoolPool Marin, or any of its
commissioners, officers, directors, managers, contractors, employees, agents,
attorneys, or affiliates. Neither the
Website nor SchoolPool Marin certifies the character of any Shared Transportation
participants. In addition, SchoolPool
Marin does not confirm any information, including information provided during
the registration process, provided by users of the Website at anytime. To the extent permitted by law, including
Title VI of the Civil Rights Act of 1964, as amended, SchoolPool Marin reserves
the right to refuse service to anyone.
2.
DUE DILIGENCE BY YOU.
(a)
SchoolPool Marin is Solely a Referral Service. By using the Website and participating in
the referral services offered through the Website, you agree that SchoolPool
Marin is acting solely as a referral service and is not responsible for your
child’s safety, any interactions among Shared Transportation participants, any
travel arrangements, or any problems that arise relating to any of the
foregoing issues. SchoolPool Marin is
not responsible for the conduct, including conduct via the Website or in person
while offline, of any user of the Website or any participant in a Shared
Transportation relationship. You hereby
acknowledge that SchoolPool Marin does not perform background checks or verify
the licensure, insurance status or driving record of Website users. You further acknowledge that SchoolPool Marin
does not confirm any information, including information provided during the
registration process, provided by users of the Website at anytime.
(b)
Your Responsibility. You are advised to screen referrals to
Your personal satisfaction. You shall be
personally responsible (i) for obtaining identifying information, including
verification that all drivers of any carpool in which Your child participates
are adequately insured, qualified to drive, and have a valid, non-provisional
license (e.g. with no restrictions on driving at certain times), and (ii) for
setting up an emergency plan, including exchanging emergency telephone
numbers. You are advised to contact each
driver and/or participant in any Shared Transportation relationship to confirm
that the Shared Transportation was arranged by a parent or adult guardian. When You contact other users of the Website
and agree to participate in a Shared Transportation relationship, You shall be
responsible for making all reasonable due diligence inquiries to ensure the
personal safety of You and your child and that no laws will be violated in the
course of your Shared Transportation relationship. For more SchoolPool Tips, please click
http://www.1stcommuter.com/magis/schoolpool/schooling_tip.php.
Users of the Website and participants in any Shared
Transportation relationship, or those that act on the information provided on
the Website do so at their own risk.
IN NO EVENT SHALL SCHOOLPOOL MARIN BE LIABLE FOR ANY
DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE
OF THE WEBSITE OR PARTICIPATION IN THE REFERRAL SERVICES OR ANY SHARED
TRANSPORTATION.
(c)
Your Representations and Warranties. You hereby represent and warrant that if You
become a driver in any Shared Transportation relationship that (i) You have a
valid California driver’s license, (ii) Your driver’s license is not
provisional, which would prevent You from driving at certain times, and (iii)
You carry an automobile insurance policy that satifies the minimum insurance
requirements under California law.
3.
Minimum age requirement. You affirm that You are at least 18 years of
age, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this
Agreement, and to abide by and to comply with this Agreement. Persons under the age of 18 are not permitted
to use the SchoolPool Marin Website or arrange for the services offered by the
Website.
4.
THE
WEBSITE. This Agreement sets
forth the terms and conditions for You to use www.schoolpoolmarin.org and any
related or successor site(s) thereto operated directly or indirectly by
SchoolPool Marin, including, without limitation, any separate site(s) used by
SchoolPool Marin for any side window, q & a, bulletin board, or feedback
posting, relating to any service offered by SchoolPool Marin, technical
support, or hosting (singularly and collectively, the “Website”).
When using the Website and/or
services provided by SchoolPool Marin, You agree to abide by the terms and
conditions of this Agreement, which may change from time to time. Should You object to any provision of this
Agreement, or any subsequent modification thereto, or become dissatisfied with
the Website in any way, Your only recourse is to immediately discontinue use of
the Website. SchoolPool hereby
grants you a non-exclusive, revocable license to use the Website for Your own
personal use as set forth in this Agreement only upon the express condition
that You accept each provision of this Agreement and provided that: (i) you will not copy, distribute, or
make derivative works of the Website in any medium without SchoolPool’s prior
written consent; (ii) you will not alter or modify any part of the Website
other than as may be reasonably necessary to use the Website for its intended
purposes; and (iii) you will otherwise act in accordance with the terms
and conditions of the Agreement and in accordance with all applicable local,
state, and federal laws. By installing
any part of, copying, accessing or otherwise using the Website, You acknowledge
and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this
Agreement, then SchoolPool is unwilling to grant you this license and You must
not install, copy, access or otherwise use the Website.
(a)
License. The Website is protected by copyright laws
and international copyright treaties, as well as other intellectual property
laws and treaties. The Website and its
component parts are licensed, not sold or given, to You by SchoolPool Marin and
SchoolPool Marin hereby grants and You
accept a limited, revocable, non-exclusive, non-transferable license, to use
the Website solely for Your personal use and subject to each provision of this
Agreement.
SchoolPool reserves
the right at any time and for any reason to modify or discontinue any aspect or
feature of the Website, including, but not limited to, Content (as defined in
Section 5(d) below) or functionality. All rights not expressly granted to You are hereby
reserved by SchoolPool Marin. You may
not sell or commercially use any portion of the Website, including any Content
Posted on the Website, or any part thereof.
(b)
Title and Copyright in the Website. It is hereby understood and agreed that
SchoolPool Marin is the owner of all rights, title and interest, including,
without limitation, all copyrights, in and to the Website and any copies
thereof, regardless of the media or form in which the Website or copies thereof
may exist. Except as expressly provided
herein, You do not acquire any rights, title or interest to the Website.
(c)
No
Warranties. The Website, including
all materials and information included thereon, is furnished “as is” and with
all faults. SchoolPool Marin, and its
technical support/maintenance providers, contractors, distributors,
advertisers, and sublicensees, make, and You receive, no warranties, express,
implied, or statutory, in any communication with You. To the maximum extent permitted by applicable
law, SchoolPool Marin, and its technical support / maintenance providers,
distributors, advertisers, and sublicensees disclaim all other warranties and
conditions, either express or implied, including, but not limited to, implied
warranties or conditions of merchantability, fitness for a particular purpose,
title, non-infringement, or any warranty that operation of the Website will be
uninterrupted or error-free. You
expressly assume all risk resulting from support / maintenance services
(whether performed in whole, in part, or not at all), or from any virus,
downloaded material, harmful component, or through any use of the Website or
any site or server through which the Website is available, including, without
limitation, at www.schoolpoolmarin.org.
You shall be solely responsible for the accuracy and transmission of all
data entered, and for any damage that results from or is in connection with use
of the Website.
SchoolPool Marin and its commissioners, officers,
employees, contractors, distributors, advertisers, sublicensees, and agents
shall not be liable for damages or losses of any kind arising out of or in
connection with the use or performance of information, including without
limitation, damages or losses caused by reliance upon the accuracy or timeliness
of any such information, or damages incurred from the viewing, distributing, or
copying of those materials. IN NO EVENT
SHALL SCHOOLPOOL MARIN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES,
OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE WEBSITE.
(d)
Substance of Content; Waiver of Rights. You acknowledge and understand that when
using the Website, you will be exposed to Content from a variety of sources,
and that SchoolPool Marin is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content. You further acknowledge and understand that
you may be exposed to Content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against SchoolPool Marin with
respect thereto.
5.
WEBSITE USERS. To access, use, and/or otherwise participate
in the referral services available through the Website, users must create an
account.
(a)
Account Information Security, Identity, and Data
Storage. Your password and login
information are for Your use only. You
are responsible for maintaining the confidentiality of Your account information
and similar personal information (“Account Information”), including Your
password and username, and for restricting access to Your computer or mobile
device. If You disclose Your password to
anyone or share Your account with another person or persons, You take full
responsibility for their actions.
SchoolPool Marin cannot guarantee the security of Your Account
Information and shall not be liable in any way for any compromise of Your
Account Information. SchoolPool Marin
will not be liable for Your losses caused by any unauthorized use of Your
account, and You may be liable for the losses of SchoolPool Marin or others due
to such unauthorized use.
(b)
Account Information; Username. All information You provide during the
registration process must be accurate.
By creating an account, You agree to the following:
(i)
You shall not register under the name of a
person other than Yourself;
(ii)
You shall not choose a username for the
purposes of, or that results in, deceiving or misleading others or SchoolPool
Marin as to Your true identity;
(iii)
You shall not choose a username that could
be considered offensive;
(iv)
You shall not choose a username for the
purpose of solicitations (e.g. a username that includes your commercial
website); and
(v)
You shall not choose a username that
infringes on the intellectual property or any other rights of any person.
If SchoolPool Marin has any reason to suspect that any
Account Information is false or incomplete, SchoolPool Marin may suspend or
revoke such user’s account and prohibit such user from current or future use of
the Website.
(c)
SchoolPool
Marin Community Standards. While
using the Website, You are a part of SchoolPool Marin’s community, which may
include, without limitation, bulletin boards, feedback boards, and polls
regarding use of the Website and its services that allow You and other users to
post information and provide feedback. You agree to respect the rights of other
users as described in this Agreement.
(d)
Content. As used in this Agreement, “Content”
means any and all postings, messages, text, files, images, hyperlinks,
programs, and similar materials. To “Post” means to post on, transmit
through, link from, upload, transfer, disseminate, distribute, facilitate
distribution, and/or make available through, the Website.
(i)
Responsibility for Posted Content. You understand and agree that all Posted
Content is the sole responsibility of the person(s) who Posted such Content,
that such Posted Content is non-confidential, and that You choose to use the
Website at Your own risk. You are
entirely responsible for all Content that You Post. You understand that SchoolPool Marin does not
control, and is not responsible for, Posted Content. You may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content may
contain links to and comments on other websites that are completely independent
of the Website. SchoolPool Marin makes
no representation or warranty as to the accuracy, completeness or authenticity
of any information contained in any such site.
You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all
risks associated with the use of any Content, and that under no circumstances
will SchoolPool Marin be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Posted Content.
The Website is not intended for Your commercial
purposes. You agree that You will not
promote, advertise, solicit, or sell any services or products, or promote
Yourself or Your business, on the Website, including in any feedback you leave
through the Website. You agree that You
will not use any information found anywhere on the Website for advertising,
promotional, or solicitation purposes.
(ii)
Transmission
of Harmful Content. You shall use
the Website for lawful and permitted purposes only. Transmission of any Content in violation of
any municipal, state, federal, foreign or other applicable regulation or law is
prohibited. You shall not Post Content
that: (1) infringes any proprietary rights of any third party; (2) violates any
law or regulation; (3) is defamatory or trade libelous; (4) is harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating,
profane, pornographic, hateful, racially, ethnically or sexually discriminatory
or otherwise objectionable in any way or that otherwise violates any right of
another; (5) encourages conduct that would violate any conduct prohibited by
this Agreement; (6) restricts or inhibits any other user from using the
Website; (7) is or amounts to an unsolicited advertisement, promotion, or other
form of solicitation; (8) impersonates any person or entity or that directly or
indirectly attempts to gain unauthorized access to any portion of the Website
or any computer, software, or data of any person, organization or entity that
uses or accesses the Website; (9) provides or create links to external sites
that violate the Agreement; (10) is intended to harm, exploit, solicit, or
collect personally identifiable information of, any individual under the age of
18 (“Minor”) in any way; (11) invades anyone’s privacy by attempting to
harvest, collect, store, or publish private or personally identifiable
information without their foreknowledge and willing consent or distributes or
contains viruses or any other technologies that may harm the Website or any of
its users; (12) is copyrighted, protected by trade secret or otherwise subject
to third-party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from the rightful
owner to post the material and to grant SchoolPool Marin all of the license
rights granted herein; or (13) contains or promotes an illegal or unauthorized
copy of another person’s copyrighted work.
(iii)
Copyrighted
Material. To the extent that you Post
any copyrighted Content, You hereby warrant that You own or have legal
permission to use (including, without limitation, the right to Post) all
Content that You Post. You shall respect
the copyrights of others and only Post Content that You own or have legal
permission to use (including, without limitation, the right to Post). SchoolPool Marin will ban repeat offenders
and reserves the right to terminate the access of any user and ban use of the
Website after a single violation.
(iv)
Ownership; License to SchoolPool Marin. You retain ownership in any Content that
You Post. You hereby grant to SchoolPool
Marin an irrevocable, perpetual, transferable, non-exclusive license to be
exercised by SchoolPool Marin at its sole and absolute discretion throughout
the Universe on or through any media and using any technologies, whether now
known or later devised, including the right (a) to grant sublicenses, (b) to
edit, copy, publicly display, publicly perform, publish, broadcast, retransmit,
distribute, create derivative works of and otherwise to exercise and exploit,
whether commercially or otherwise, any and all proprietary rights in and to any
Content You Post; and (c) to copy, publicly display, publish, broadcast,
retransmit, and distribute your name in association with your Posted Content.
(v)
Viruses. You shall not knowingly or negligently Post
any Content that contains viruses or other computer programming defects. Each computer You use to access the Website
shall have updated anti-virus software protecting it.
(vi)
Spamming. You shall not directly or indirectly use the
Website for chain letters, junk mail, spamming or any use of distribution lists
to any person who has not given specific permission to be included in such a
process. "Spam" or
"Spamming" means any attempt to use a mailing list for the purpose of
sending to a person or persons an unsolicited message, including, but not
limited to, any advertisements.
(vii)
Reuse of
Content. Any collection,
aggregation, copying, harvesting, duplication, display or derivative use of the
Website or Posted Content, or any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose is prohibited
unless expressly permitted by SchoolPool Marin in writing.
Notwithstanding the foregoing, SchoolPool Marin grants the
operators of public search engines permission to use spiders to copy materials
from the Website for the sole purpose of creating publicly available searchable
indices of the materials. SchoolPool
Marin reserves the right to revoke these exceptions generally or in specific
cases.
(viii)
Screening
and Removal of Content. You
acknowledge that, although SchoolPool Marin may or may not screen Content,
SchoolPool Marin has the right (though not the obligation) in its sole and
absolute discretion to screen, refuse to Post, reject, edit, remove or
otherwise filter any Content including, without limitation, any Content that
SchoolPool Marin believes violates any term of this Agreement or for any other
reason.
6.
Prohibiting WEBSite Access, Complaints, and
Investigation. SchoolPool
Marin reserves the right to prohibit use of the Website by any User who, in
SchoolPool Marin’s sole and absolute discretion, violates any provision of this
Agreement. Such prohibition may occur
without notice to the User. If You believe a User is violating this Agreement,
please contact us at info@schoolpoolmarin.org. SchoolPool Marin reserves the right to
investigate any suspected violation of this Agreement and may gather
information from the User(s) and/or complaining party, if any, and examine any
Posted Content. In addition to
SchoolPool Marin’s foregoing investigation rights, You hereby expressly
authorize SchoolPool Marin to cooperate with:
(i) law enforcement authorities in the investigation of suspected
criminal violations, and/or (ii) system administrators at other Internet
service providers, network or computing facilities and/or any other third party
in order to enforce this Agreement or comply with any applicable law. Such
cooperation may include, without limitation, SchoolPool Marin providing Your
username, IP address, or other identifying information.
7.
LINKS TO OTHER WEBSITES. The Website and materials posted on the
Website may contain links to other Internet sites, which are not owned,
operated, controlled, or reviewed by SchoolPool Marin. These links are provided solely as a courtesy
and convenience to You. SchoolPool Marin
exercises no control over the information, opinions, accuracy, copyright,
trademark, compliance, or legality of the material contained on those sites and
does not sponsor, endorse, or evaluate the content, proceeds, materials,
opinions, products or services contained on such sites. SchoolPool Marin specifically disclaims any
and all liability from damages, which may result from accessing any third-party
site linked to the Website, or from reliance on any information or content
contained in such third-party site.
8.
Changes to the Agreement. SchoolPool Marin reserves the right, at its
sole and absolute discretion, to change, modify or otherwise alter the terms
and conditions of this Agreement at any time.
Such modification(s) shall become effective immediately upon the posting
thereof. Use of any part of the Website
after such modification(s) constitutes acceptance thereof. You must review this Agreement on a regular
basis to remain apprised of any changes. The most recent version of this
Agreement may be accessed at any time at the Website.
9.
PRIVACY POLICY.
SchoolPool Marin has established a Privacy Policy that explains to
users how their information is collected and used. The Privacy Policy is explicitly incorporated
into this Agreement.
The Privacy Policy is located at: http://www.1stcommuter.com/privacy.html
For information about our data protection practices,
please see our Privacy Policy. By using
the Website you acknowledge and agree that SchoolPool Marin may access,
preserve, and disclose your Account Information and any Posted Content
associated with that Account if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary
to: (a) satisfy any applicable law,
regulation, legal process or governmental request, (b) enforce this
Agreement, including the investigation of potential violations thereof,
(c) detect, prevent, or otherwise address fraud, security or technical
issues (including, without limitation, the filtering of spam), (d) respond
to user support requests, or (e) protect the rights, property or safety of
SchoolPool Marin, its users and the public.
SchoolPool Marin will not be responsible or liable for the exercise or
non-exercise of its rights under this Agreement.
You
acknowledge and understand that the technical processing and transmission of
the Website, including your Posted Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
10.
COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE. Pursuant to the Digital Millennium Copyright
Act of 1998 (“DMCA”), SchoolPool Marin has established policies for dealing
with alleged and actual copyright infringement.
If you believe that your work has been copied and posted on the Website
in a way that constitutes copyright infringement, please send the following information
to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further
detail): (i) a description of the
copyrighted work that you claim has been infringed; (ii) a description of
where the allegedly infringed material is located on the Website; (iii) a
written statement that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; (iv) your
address, telephone number, and email address so that SchoolPool Marin is able
to contact you; (v) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; and
(vi) a statement by you, made under penalty of perjury, that the
information in your report is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf . A statement by you comprised of the foregoing
points is referred to herein as the “Notice.”
School Pool Marin’s designated Copyright Agent to receive
Notice of claimed infringement is:
Steven K. Lee c/o Donahue Gallagher Woods LLP, 591 Redwood Highway,
Suite 1200, Mill Valley, California 94941, email: Steve@Donahue.com, telephone:
510-451-0544, fax: 415-381-7515. For
clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to SchoolPool Marin User services at info@schoolpoolmarin.org.
You acknowledge that if you fail to comply with all of the
requirements, your Notice may not be valid.
SchoolPool Marin will remove any infringing material, subject to the
counter-notice and put-back procedures outlined in the DMCA. Notwithstanding SchoolPool Marin’s
instructions above, you are solely responsible for ensuring that any Notice you
provide to SchoolPool Marin complies with the provisions of the DMCA.
11.
Term. This Agreement shall continue for as long as
You use the Website, or until terminated by SchoolPool Marin, whichever occurs
first.
12.
Limitation of liabilities. The limitation of liability is to the maximum
extent permitted by applicable law. In
no event shall SchoolPool Marin, its commissioners, officers, managers,
employees, partners, contractors, affiliates, subsidiaries, agents, attorneys,
web developers, technical support / maintenance providers, distributors,
advertisers, licensors, sublicensees, or assigns be liable for any damages,
whether arising in contract, tort or otherwise and including, without limit,
any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss or corruption of business information or other data, cost of
cover, or any other pecuniary loss) arising out of the use of or inability to
use the Website, including without limitation, Your use of the referral
services provided by the Website or Your or Your child’s participation in any
Shared Transportation, even if SchoolPool Marin has been advised of the
possibility of such damages.
13.
INDEMNITY. In consideration of being permitted to
participate in this program, You agree to indemnify and hold harmless
SchoolPool Marin, and its commissioners, officers, managers, employees,
partners, contractors, affiliates, subsidiaries, agents, attorneys, web
developers, technical support / maintenance providers, distributors,
advertisers, licensors, sublicensees, and assigns, from any claim or demand,
including reasonable attorneys’ fees, expert witness fees, and court costs,
made by any third party due to or arising out of Content You Post, Your use of
the Website, Your use of the referral services provided by the Website, Your or
Your child’s participation in any Shared Transportation, Your violation of this
Agreement, Your breach of any of the representations and warranties herein, or
Your violation of any rights of another.
14.
Governing
Law/Jurisdiction. This
Agreement shall be exclusively interpreted, construed and enforced in all
respects in accordance with the laws of the State of California (U.S.A.)
without reference to its choice of law rules.
You and SchoolPool Marin agree that venue for any and all disputes
hereunder, or action on any obligation hereunder, will be exclusively brought
in an appropriate state court in Marin County, California or in the United
States District Court for the Northern District of California in San Francisco,
California (U.S.A.), and You and SchoolPool Marin irrevocably consent to the
jurisdiction of such courts for any dispute hereunder or action on any
obligation hereunder.
Notwithstanding the foregoing, no action brought by either
party against the other for breach of this Agreement shall be limited to breach
of contract remedies and either party may bring any additional cause(s) of
action that would otherwise be available to it, including and only as
applicable based on the facts presented, copyright infringement pursuant to
Title 17 of the United States Code. You
hereby expressly and specifically waive any objection You may have, pursuant to
the Eleventh Amendment to the United States Constitution or otherwise, to the
jurisdiction of, or any award that could be granted by, the United States
Federal Courts.
15.
General. This Agreement sets forth the entire
agreement and understanding of the parties relating to the subject matter
herein and merges and supersedes all prior agreements, writings, commitments,
discussions and understandings between them.
Except as provided in Section 8 above, no modification of or amendment
to this Agreement, nor any waiver of any rights under this Agreement, shall be effective
unless in writing signed by each party hereto. If any term of this Agreement is
held by a court of competent jurisdiction to be invalid or unenforceable, then
this Agreement, including all of the remaining terms, will remain in full force
and effect as if such invalid or unenforceable term had never been
included. SchoolPool Marin’s failure to
act with respect to a breach or breaches by You or any third party does not
waive SchoolPool Marin’s right to act with respect to a subsequent or similar breach
or breaches. This Agreement shall be
construed within its fair meaning and no inference shall be drawn against the
drafting Party in interpreting this Agreement.
BY CLICKING HERE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THE TERMS OF USE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY
IT.