SCHOOL COUNSELOR CENTRAL, LLC - TERMS OF USE

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement was last updated on December 14, 2010.

This Terms of Use Agreement sets forth the standards of use of the School Counselor Central, LLC Online Service for Registered Members. By using the SchoolCounselorCentral.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at SchoolCounselorCentral.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

School Counselor Central, LLC is providing Member with Professional Development Tools for School Counselors. Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. 

Disclaimer of Warranties

The site is provided by School Counselor Central, LLC on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, School Counselor Central, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  School Counselor Central, LLC shall have no liability for any interruptions in the use of this Website.  School Counselor Central, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

School Counselor Central, LLC SHALL NOT be liable for any damages whatsoever, and in particular School Counselor Central, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if School Counselor Central, LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold School Counselor Central, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Members Account

All Members of the Service shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify School Counselor Central, LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of School Counselor Central, LLC.

Registration

Certain sections of the site may require you to register with a user name and password. If registration is requested, you agree to provide us with true, accurate, current and complete registration information and to update your registration to keep it accurate, current and complete. Your registration must be done using a nickname chosen by you and accurate information. The registration account is for your personal use only. We do not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing any such unauthorized use.

If we issue you a password, you agree to not reveal it to anyone else and you also agree not to use another’s password. You are responsible for maintaining the confidentiality of your account and password and thus, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You also agree to properly exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Your right to use the site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Modifications and Interruption to Service

School Counselor Central, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. School Counselor Central, LLC shall not be liable to Member or any third party should School Counselor Central, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that School Counselor Central, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Posted Content

Any and all users are solely responsible for any information posted or displayed on the site, as well as for any and all messages, emails, photographs or other images.  School Counselor Central, LLC does not monitor the contents of postings and messaging and cannot be held responsible for any user’s materials. School Counselor Central, LLC does not control all of the content made available on the site. We apologize in advance for any material found to be offensive by a user of the site. Although School Counselor Central, LLC does not pre-screen or approve content posted by others, it does reserve the right to refuse or delete any content posted on the site that violates this Agreement. If you find any material on the site to be offensive or otherwise displeasing, please contact us at Legal@SchoolCounselorCentral.com.

Restrictions and Prohibition of Use

The site shall be used for lawful purposes only and shall not be used by anyone to post, propagate, distribute, publish, solicit, process or transmit any of the following:

  1. Obscene Material, which includes, without limitation, any material that is lewd, pornographic, profane, indecent, sexually explicit, obscene, excessively violent, filthy, depraved or in any other manner offensive;
  2. Discriminatory or Harassing Material, which includes, without limitation, any material that is discriminatory or harassing in any manner, whether based on race, gender, age, national origin, religion, sexual orientation, marital status, disability or any other basis, or any material that is otherwise harmful, offensive, threatening, abusive, embarrassing, distressful, insulting, vulgar, hateful, disparaging, or otherwise objectionable and in violation of all applicable laws;
  3. Defamatory Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;
  4. Fraudulent Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;
  5. False Advertising, which includes, without limitation, any advertising, marketing or promotional data, information or materials that contain any deceptive, misleading and/or false representations, statements, claims, assurances or messages;
  6. Violations of Intellectual Property Rights Material, which includes, without limitation, any material that infringes upon another’s intellectual property rights, including copyright, trademark, trade secret, trade dress, patent, service mark or any other electronic or intellectual property right belonging to another person or entity;
  7. "Spam", which includes, without limitation, transmitting unsolicited mail to another person or entity, including unsolicited commercial emails and mail bombing large volumes or unsolicited mail to another individual or entity;
  8. Systems Abuse, which includes, without limitation, abuse of School Counselor Central, LLC’s hosting servers, attacks on servers, mail bombs, hack attacks, port scanning or probing, materials, conduct or activity that invades any third party’s right to privacy, or harmful materials, conduct or activity that prevent other users from effectively using the system;
  9. Illegal Material, which includes, without limitation, any material that is illegal, encourages illegal activity or in any manner violates any international, federal, state or local laws or regulations;
  10. Unacceptable Material, which includes any conduct, data, email, information, content or activity that School Counselor Central, LLC, in its sole and absolute discretion, deems to be unacceptable use of the Services provided by School Counselor Central, LLC.

Secure Socket Layers - SSL

Trustwave provides Class-3 SSL certificates for Web servers, mail servers, e-commerce, and e-mail applications. Every Trustwave SSL Certificate provides:

  • 256-Bit Digital Encryption
  • Class-3 designation
  • 128-bit and 40-bit backward compatibility
  • Trusted Commerce security seal
  • 100% Trusted Root Guarantee

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While School Counselor Central, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

School Counselor Central, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts New York

Our website is operated and provided in the State of New York.  As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York. 

Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 SchoolCounselorCentral.com, will all rights reserved, or is the property of School Counselor Central, LLC and/or third parties protected by intellectual property rights.    Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of School Counselor Central, LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of School Counselor Central, LLC.

School Counselor Central, LLC™ and SchoolCounselorCentral.com™ are proprietary marks of School Counselor Central, LLC.  School Counselor Central, LLC’s trademarks may not be used in connection with any product or service that is not provided by School Counselor Central, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits School Counselor Central, LLC.

All other trademarks displayed on School Counselor Central, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with School Counselor Central, LLC.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, School Counselor Central, LLC.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
School Counselor Central, LLC
Attn: Legal Department
PO Box 764
Mahopac, NY 10541

By Email: Legal@SchoolCounselorCentral.com

Botnets

School Counselor Central, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, School Counselor Central, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by School Counselor Central, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].