TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SAVEFORAMERICA.ORG or SCHOOLSAVINGS.COM WEBSITES (the "Sites"). Your access and use of these Sites, as well as any software provided to you in connection with the Sites (the "Software"), is governed by these terms of use (the "Terms of Use"). If you find any of the Terms of Use unacceptable, please do not use these Sites or the Software. School Savings is a Washington state corporation, and its affiliates and subsidiaries (collectively "We" or such conjugation thereof as the context requires), reserve the right to update or revise these Terms of Use, at our discretion. You agree to be bound by subsequent revisions and agree to review the Terms of Use periodically for changes to the terms and conditions. The most current version of the Terms of Use will be available for your review under the link that appears at the bottom of the Sites. We may also offer other services from time to time that are governed by different terms and conditions. If you take part in the Save For America school savings program, either as a student participant, school administrator (teacher or volunteer) or bank administrator (representative of a sponsor financial institution), your relationship with us may also be governed by other agreements such as the School Banking Agreement or the Enrollment Agreement. For your information, the Terms of Use were last updated on August 1, 2016.

Legally Binding. If You Are Under 18 Years Old

You agree that by using the Sites or Software that you are at least eighteen (18) years old and that you are legally able to enter into the Terms of Use. IF, HOWEVER, YOU ARE LESS THAN 18 YEARS OLD, YOU MUST GET YOUR PARENT'S (OR LEGAL GUARDIAN'S) PERMISSION TO USE THE SITES OR THE SOFTWARE. If you are a parent (or legal guardian) permitting a minor to use the Sites or Software, you agree to: (a) be legally bound to the Terms of Use, which also means that the term "you" contained throughout the Terms of Use refers to you the parent (or legal guardian); (b) supervise the minor's use of the Sites or the Software; (c) assume all risks associated with the minor's viewing of content received through use of the Sites or the Software and the minor's transmission of materials, content or information to another person via the Sites or the Software; (d) assume any and all liabilities resulting from the minor's use of the Sites or the Software; and (e) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor to us. If you are a school administrator (teacher or volunteer) assisting a minor in accessing and/or using the Sites or the Software, you agree to: (1) receive prior permission from the minor's parent (or legal guardian) to assist the minor in accessing and/or using the Sites or Software; (2) supervise the minor's use of the Sites or the Software; and (3) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted to us by the minor.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here or under the link titled "Privacy Policy" that appears at the bottom of the Sites. Our privacy policy is expressly incorporated into the Terms of Use by this reference.

Ownership

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Sites and the Software, belong to us and our licensors. All other trademarks, service marks and logos used in this Sites are the trademarks, service marks or logos of their respective owners. No portion of the materials on the Sites may be reprinted or republished in any form without our express written permission.

License

We hereby grant you the right to view and use the Sites only for the purpose of accessing information and conducting transactions on the Sites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Sites, use of the Sites or access to the Sites. We also grant you a personal, non-transferable, non-exclusive and non-assignable right and license to use the Software, including all files and images contained in or generated by the Software and accompanying data, only for the purpose of accessing information, as well as conducting and/or facilitating transactions on the Sites; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Sites or the Software. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks or logos owned by us or by any third party.

Chatroom, Message Boards

We may provide you with an opportunity to post and exchange information, ideas and opinions (the "Postings"). You acknowledge that Postings do not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for them. Postings do not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use or appearance on the Sites. You agree that you will not be compensated for any Postings. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain, and that such Postings shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious or any unlawful information. You hereby authorize us to use your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limitation, we will have the right to use and change the Postings in any manner that we may determine. Further, we may sweep our chatrooms and/or message boards periodically in our sole discretion. Our chatrooms and message boards may be used for noncommercial purposes only. Users may not post any information intended to promote or generate revenue for any activity. Although we periodically monitor the content posted on these Sites, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, we make every effort to ensure that the chatrooms and message boards best serve the interests of all users and, therefore, we reserve the right to refuse to post, edit or delete messages that violate the Terms of Use, as well as revoke the privileges of users who do not comply with such rules.

Compliance with Intellectual Property Laws

When accessing the Sites or using the Software, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites and the Software is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content or Postings (collectively "Content") in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account and password. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. We also respect the intellectual property that belongs to you. Thus, we may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe on your intellectual property rights. If you believe that any material on this Sites infringes on any intellectual property that you own or control, or that any link on this Sites directs you to another Sites that contains material that infringes on any intellectual property that you own or control, you may file a notification of such infringement with us to have the material removed or otherwise blocked from access. Notification procedures are set forth in the section entitled "Addressing Infringement".

Addressing Infringement

We have in place certain legally mandated procedures regarding allegations of intellectual property infringement occurring on the Sites or with the Software. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our rights or of a third party or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of infringement brought to our attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

  • Sherry Avena
    School Savings
    828 24th Ave. S.
    Telephone: (800) 787-7728
    Email: support@schoolsavings.com

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, profane, pornographic, abusive, harassing or threatening; (b) personally attacks an individual; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission or other distribution of any such material using the Sites or the Software, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms of Use or of any applicable laws.

Warranty Disclaimer, Limitation of Damages

THESE SITES AND THE SOFTWARE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITES-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SITES, THE SOFTWARE AND SITES-RELATED SERVICES. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, THE SOFTWARE OR SITES-RELATED SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, THE SOFTWARE OR SITES-RELATED SERVICES IS TO STOP USING THE SITES, THE SOFTWARE OR THOSE SERVICES. Although we attempt to ensure the integrity and accurateness of the Sites, we make no guarantee whatsoever as to the correctness or accuracy of the Sites. It is possible that the Sites could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

Web Sites Links and Third-Party Sites

These Sites may contain links to other Internet Sites that are independent of this Sites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Internet Sites, and any link to another Internet Site shall not in any manner be construed as an endorsement by us of that Internet Site, or of the products or services described therein. Furthermore, these links may lead to Sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these Internet Sites or for any damage sustained by users of these Internet Sites

Confidentiality of Use

Your confidential use of these Sites cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Sites or the Software.

Security of Account and Password

LIABILITIES, CLAIMS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THESE SITES, THE SOFTWARE, ANY SERVICES THEREIN OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Governing Laws

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to the Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of King in the State of Washington, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce the Terms of Use, the prevailing party will be entitled to costs, attorneys' fees, and experts' fees including those in pretrial, trial, arbitration, in proceeding or in any action to enforce an award or judgment.

Severability

In the event that any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect.

International Use

We operate and control these Sites from Seattle, Washington. These Sites are intended for residents of the United States only. We do not represent that all content, materials and services on our Sites are appropriate or available for use in all geographic locations, especially locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You agree not to access the Sites where prohibited by law. Further, no Software may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Entire Agreement

Unless otherwise indicated herein, the Terms of Use constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled.

Acknowledgement

By accessing and using the Site, you acknowledge that you have read these Terms of Use and agree to be bound by them.