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User Agreement

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USER AGREEMENT

TERMS AND CONDITIONS

U.S. Apple Association (USApple) requires that all visitors (“you”) to its site, Apples4Ed.com, and its other sites (collectively, the “Sites”), agree to all of the terms and conditions in the User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means USApple unless otherwise indicated.

Eligibility

Use of the Sites is void where prohibited by law. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

Binding Agreement

By using any Site, you agree to be bound by this UA. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Nominators, which are described below.

USApple’s Privacy Policy is a Part of this Agreement.

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference USApple’s Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy. 

Our Proprietary Materials

We welcome you to our Sites and we invite you to use it within the following rules:

  1. You may use the Sites solely as and for the purposes stated on the Sites and as described in this UA.
  2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, or photograph published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of USApple.
  3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of USApple.
  4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the content and software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All content, software and materials on and underlying the Sites are the property of U.S.Apple or are licensed or otherwise used by USApple with permission. Except where noted otherwise, all rights to these materials are reserved by USApple or their respective owners. “Apples4Ed.com”, the Apples4Ed logo, and “Buy an Apple, Help a Teacher” are trademarks and service marks of U.S.Apple , which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although USApple cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. USApple retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USAPPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USAPPLE MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability.

IN NO EVENT SHALL USAPPLE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “USAPPLE AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE USAPPLE AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT USAPPLE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT USAPPLE AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY USAPPLE OR AN AUTHORIZED USAPPLE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

USAPPLE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF CONTENT, SOFTWARE OR ANY OTHER MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

Third Party Websites

The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by USApple, thus USApple is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by USApple of the Linked Sites.

Special Provisions for Nominators

Thank you for your interest in submitting a proposal for an Apples4Ed.com project. By clicking the “I Agree” button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who submit a “Classroom Cause Entry Form” funding proposal on the Sites (“Nominators”):

By submitting a proposal, you promise that:

  1. You are or are nominating a licensed teacher, librarian, guidance counselor, coach or other public school employee directly serving students and currently employed at the school you note;
  2. The activity you propose is legal and falls within the standards of your board of education; all information you provide to USApple is accurate, and you will promptly contact USApple to update the information to keep it accurate; and
  3. You have full rights to any ideas, descriptions, materials, and photos you submit to USApple, and that you (and not USApple) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by USApple will not infringe on any rights of any third party.

Rights You Grant to USApple

While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to USApple through the Sites and all materials (except for the photographs) which you send to USApple after the completion of the project, you hereby grant to USApple a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use the submission and project materials, and portions thereof, in furtherance of USApple’s purposes and activities and to promote USApple and its programs, in any medium, and USApple may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for USApple’s purposes, whether or not your proposal is funded.

Your Responsibilities Should Your Proposal Be Funded

If your proposal is approved by USApple (in USApple’s sole discretion), posted on a Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by USApple. You agree that requested resources will be used by students or to provide a student experience as described in your proposal. You will use USApple’s funds and materials only for the project USApple has approved, and agree to follow all other instructions as provided or directed by USApple regarding the funded activity.

 

Disclaimers

USApple will not be required to treat any Submission or Project Materials as confidential.

Termination

You may terminate this UA by destroying all materials obtained from the Sites and stopping all use of the Sites. USApple may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

Disputes

If not resolved through direct discussions, any dispute or claim shall be resolved by final binding arbitration with an experienced arbitrator license to practice law in Virginia. Venue for any proceedings will be in Fairfax County, Virginia. Remedies shall be subject to all limitations and releases in these rules, be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or other costs or bringing a claim, or any injunctive or other equitable relief.

Indemnification

You agree to indemnify and hold USApple and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to USApple.

Contact USApple

If you have any questions about the Sites or this UA, you may contact us via e-mail at info@usapple.org. We are always glad to hear your questions and comments.

Entire Agreement

This UA constitutes the entire agreement between USApple and you in connection with your use of the Sites, hyperlinks to the Sites and the content and software displayed on the Sites, and supersedes any prior agreements between USApple and you regarding such matters, including prior versions of this UA. USApple may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by USApple, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.

This User Agreement was last updated on 07/23/2015.

 

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