1. ACCEPTANCE OF TERMS
Welcome to Boarding School Review. Boarding School
Review provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular
Boarding School Review services, you and Boarding School Review
shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
2. DESCRIPTION OF SERVICE
Boarding School Review currently provides profiles
of US boarding schools, alumni reviews, and the ability to better
compare boarding schools through the interactivity of the Internet.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Boarding
School Review has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Boarding School
Review has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any
Registration Data and certain other information
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
Boarding School Review of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Boarding
School Review cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that
you, and not Boarding School Review, are entirely responsible
for all Content that you upload, email, transmit or otherwise
make available via the Service. Under no circumstances will Boarding
School Review be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to: · Impersonate any person
or entity, including, but not limited to, a boarding school alumni,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
· Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
· Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
· Collect or store personal data about other users.
You acknowledge that Boarding School
Review does not pre-screen Content, but that Boarding School Review
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, Boarding
School Review and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Boarding
School Review or submitted to Boarding School Review, including
without limitation information in Boarding School Review Message
Boards, Boarding School Review Clubs, and in all other parts of
You acknowledge and agree that Boarding School
Review may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Boarding School Review, its users
and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Boarding School Review does not claim ownership
of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you
grant Boarding School Review the following world-wide, royalty
free and non-exclusive license(s), as applicable:
· With respect to Content you submit or make available for inclusion on publicly accessible areas of Boarding School Review, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display. This license exists only for as long as Boarding School Review removes such Content from the Service.
You agree to indemnify and hold Boarding School
Review, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Boarding School Review reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, its Services (or any part thereof) with or without
notice. You agree that Boarding School Review shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service.
You agree that Boarding School Review, in its
sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without
limitation, for lack of use or if Boarding School Review believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. Boarding School Review may also in its sole
discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that Boarding School Review may immediately deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service. Further, you agree that Boarding School Review shall
not be liable to you or any third-party for any termination of
your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Boarding School Review shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Boarding School Review has no control over such sites and resources,
you acknowledge and agree that Boarding School Review is not responsible
for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Boarding School Review shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOARDING SCHOOL REVIEW 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 AND NON-INFRINGEMENT.
b. BOARDING SCHOOL REVIEW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT INCLUDED IN OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDING SCHOOL REVIEW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOARDING SCHOOL REVIEW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOARDING SCHOOL REVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (Iv) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or
regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
19. TRADEMARK INFORMATION
Boarding School Review, the Boarding School Review
logo, and other Boarding School Review service names are trademarks
of Boarding School Review Inc. (the "Boarding School Review
Marks"). Without Boarding School Review's prior permission,
you agree not to display or use in any manner, the Boarding School
20. COPYRIGHTS and COPYRIGHT AGENTS
Boarding School Review respects the intellectual
property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Boarding School Review's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Boarding School Review's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Boarding School Review and govern your use of the Service, superceding any prior agreements between you and Boarding School Review. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Boarding School Review shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Boarding School Review agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of Boarding School Review to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.