Terms of Use

Effective as of October 2020
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND THE WALTON FAMILY FOUNDATION (referenced herein as “WFF” or “we”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE #SchoolsIN WEBSITE (referenced herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.

1. LICENSE GRANT. The Site is made available by WFF, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact WFF using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. WFF transfers no ownership, intellectual property interest, or title in and to the Site to you or anyone else. Further, WFF reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3. USER OBLIGATIONS. The Site is not intended for children under thirteen (13) years of age. By accessing or using the Site, you represent and warrant that you are at least thirteen (13) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
4. USER CONTRIBUTIONS. You may contribute content to this Site by using the “#SchoolsIN” hashtag on a social media post (with such shared content referenced as “User Contribution(s)”). You agree that you will not upload, post, display, or transmit any of the following:

• anything which may damage, lessen, or harm the goodwill or reputation of WFF and its services;
• anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;
• anything which involves the impersonation of any other person or entity;
• anything which constitutes junk mail, spam, or unauthorized advertising; or
• anything which is unlawful.
  
  WFF reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, WFF shall not have any obligation to utilize any User Contribution(s).

5. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to WFF a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution(s), without additional approval or consideration, in furtherance of and in connection with the operation of the Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to WFF, and you also acknowledge that WFF has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
6. NO PRE-SCREENING OF USER CONTRIBUTIONS. WFF is not responsible for pre-screening or editing your or any other user’s User Contribution(s) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, WFF does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by WFF) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution(s) displayed, uploaded, or distributed by you or any other user. Nevertheless, WFF reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to User Contribution(s) that WFF believes in good faith violates this TOU and/or is, or potentially, unlawful or harmful to WFF, its services, or goodwill. If you violate this TOU, WFF may, in its sole discretion, remove or delete the User Contribution(s) in its entirety, issue you a warning, and/or terminate your use of this Site.
7. DMCA TAKEDOWN POLICY. It is WFF’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). WFF respects the intellectual property of others. Copyright owners who believe that their intellectual property rights have been infringed through the online services provided by WFF may contact WFF through their authorized agent and request that the infringing material be removed or access to it blocked. WFF’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Office of the General Counsel; DMCA@wffmail.com; 479-464-1570.
   
   Proper notification of copyright infringement must be sent to WFF’s Agent for Notice (as designated above) and must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing 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 WFF to locate the material;
• Information reasonably sufficient to permit WFF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please place the following label, “Notice of Infringement,” in the subject line of all such communications to WFF. WFF will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.

8. RELIANCE ON INFORMATION POSTED. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
9. PROPRIETARY RIGHTS. The Site is owned by the Walton Family Foundation. Copyright 2020 © Walton Family Foundation and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by WFF and/or its licensors. Walton Family Foundation, the Walton Family Foundation logo, and all other names, logos, and icons identifying WFF and its software, solutions, products, and services are proprietary trademarks of WFF, and any use of such marks without the express written permission of WFF is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
10. FEEDBACK. WFF welcomes your feedback and suggestions about WFF’s mission, services, tools, or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to WFF, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for WFF to use such Feedback in any manner, for any purpose in furtherance of WFF’s mission, and in any medium.
11. PRIVACY POLICY. Please see WFF’s Privacy Policy for a summary of WFF’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that WFF sends you electronically (using the contact information you provide through the Site) will satisfy any legal communication requirements.
12. LINKS TO OTHER SITES. WFF may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which WFF exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless WFF expressly states otherwise. Any websites linked to or from the Site (regardless of whether they are affiliated with WFF) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third-party sites is done so at your own risk. These websites are governed by their own privacy and user agreements, which you should read.
13. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WFF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WFF ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, USER CONTRIBUTIONS, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE WFF FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND WFF’S CONTROL. MOREOVER, IN NO EVENT SHALL WFF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF WFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF WFF FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WFF’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. ENFORCING SECURITY. WFF wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of WFF’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. WFF reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. WFF will also comply with all court orders or subpoenas involving requests for information. WFF reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
16. INJUNCTIVE RELIEF. You agree that WFF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that WFF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to WFF to enforce any provision of this TOU.
17. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you submit a User Contribution to the Site and/or begin downloading, accessing, or using the Site, whichever is earliest. WFF reserves the right at any time and on any grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning WFF’s proprietary rights, Feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
18. GOVERNING LAW. The Site is controlled and operated by WFF from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Arkansas as applied to agreements entered into and completely performed in the State of Arkansas. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Benton County, Arkansas. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
19. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by WFF of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
20. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and WFF as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and WFF with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and WFF with respect to use of the Site. You may not assign or transfer any rights under this TOU without the prior written consent of WFF. Please note that WFF reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, WFF may add, modify, or delete any aspect, program, or feature of the Site, but WFF is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
21. CONTACT INFORMATION. If you have questions regarding the Site or if you are interested in obtaining more information concerning WFF, please contact WFF: P.O. Box 2030, Bentonville, AR 72712 | 479-464-1570 | info@wffmail.com.