Updated February 11th, 2019
Welcome to SchoolVine.com, an online property of eLands LLC, a Limited Liability Company formed in the State of Nevada. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "SchoolVine," "SchoolVine.com," "eLands LLC," "us," "we," and "our," refer to us, eLands LLC, our website, SchoolVine.com, or our service, SchoolVine, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
SchoolVine is a web application designed to allow preschools, childcare centers, and early childhood education schools to post daily updates to parents about their children and what is happening in their school. Schools can post text updates as well as pictures or files that are stored online in a password-protected archive. Each update is also emailed to the relevant parents. Relevant parents are determined by post type.
The service is free for parents to use. Schools pay a monthly subscription fee for use, under the terms published on our website. Where two terms of payment differ on our website, the one more favorable to eLands LLC shall prevail.
3. Information Supplied
When using our website, you will provide your name, e-mail address. If you are a school, we also require your credit card information, mailing address, telephone number and information about your school.
In addition to providing us with the above information about yourself, you hereby attest that you are at least eighteen years old, or, if a higher age of contractual capacity exists in your jurisdiction, then you are at least however old that age is. You also attest that you are not otherwise disabled from entering into this contract.
We do not publish any of the information about students or classrooms on our website. All such information is published by our subscribers, who are schools. You agree to not hold us liable for any disputes between you and anybody publishing information on our website, and that any legal actions arising from those third parties' publication or services that you may bring will not name us, our owners, officers, directors, employees, agents, or other affiliates as defendants.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating school information from our site to be posted elsewhere. You may, however, copy school information without our prior written permission if you have the permission of the school to do so. We recommend that you get such permission in writing and reviewed by a lawyer as we cannot, when deciding whether to sue, take your word for it if the school denies having given you such permission.
"SchoolVine" and "eLands" are trademarks used by us, eLands LLC, to uniquely identify our website and business which market educational tools to schools and others. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph. This paragraph is of the nature of a non-competition agreement.
7. Revocation of Consent
Where eLands LLC has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
8. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
Your name. The name of the party whose copyright has been infringed, if different from your name. The name and description of the work that is being infringed. The location on our website of the infringing copy. A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent at:
8022 Elk Mountain Street
Las Vegas, NV 89113
If sending the notification by e-mail, an electronic signature is acceptable.
9. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR STATEMENTS MADE BY THIRD PARTIES, INCLUDING SCHOOLS, THROUGH OUR WEBSITE.
WE ARE NOT LIABLE FOR ANY FAILURE OF OUR SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
11. Choice of Law
This Agreement shall be governed by the laws in force in the State of Nevada. The offer and acceptance of this contract is deemed to have occurred in the State of Nevada.
12. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Nevada.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute, the prevailing party shall be entitled to be paid by the unsuccessful party all of the prevailing party's reasonable attorneys' fees, costs, and disbursements in relation to the dispute.
13. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, eLands LLC shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.