School Specialty Website Terms and Conditions of Use
USE OF SCHOOL SPECIALTY INTELLECTUAL PROPERTY
This Website is owned and operated by School Specialty, Inc. (hereafter "School Specialty"), which holds a copyright to the Website and its content, format and imagery. These rights are protected under United States law, as well as by worldwide copyright laws and treaty provisions. That means that the content, format and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted in any way without the prior written consent of School Specialty. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:
School Specialty, Inc.
PO Box 1579
Appleton, WI 54914-1579
NOTICE OF COPYRIGHT INFRINGEMENT
Notification of a claim of copyright infringement must be submitted to the following:
Franzoi & Franzoi, S.C.
General Counsel, School Specialty, Inc.
514 Racine Street
Menasha, Wisconsin 54952
Fax (920) 725-0998
Trademarks, service marks, logos, slogans, graphics and other identifying marks indicated within this Website are trademarks or trade dress of School Specialty in the United States and foreign countries (“Trademarks”). School Specialty Trademarks may not be used in connection with any product or service that is not School Specialty’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits School Specialty. Trademarks not owned by School Specialty that appear on the Website are the property of their respective owners.
School Specialty may offer materials for download from this Website. School Specialty reserves complete title and full intellectual property rights for any downloaded materials, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use is prohibited without the express written consent of School Specialty.
In the event you download any data from the Website, including any software, files or images incorporated in or generated by the Website or data accompanying or to be used with the Website (hereafter collectively referred to as "Data"), School Specialty retains full and complete right, title, and interest in and to its Data and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Data.
In addition, some software, applications, and subscriptions have additional terms and conditions that must be agreed to as part of their installation. This agreement is a supplement to these terms and does not negate or override any additional restrictions.
REGISTERING FOR WEBSITE SERVICES
Some of our Website Services may require registration. School Specialty shall follow its privacy and security policy regarding such information as described at http://www.schoolspecialty.com/privacy. School Specialty shall have the option to revise such policy as it may see fit from time to time.
When registering, you agree to:
a) Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being referred to hereafter as the "Registration") and;
b) Maintain and promptly update the Registration to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, outdated or incomplete, or School Specialty has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, School Specialty has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
RESPONSIBILITY FOR WEBSITE MATERIALS, SERVICES AND INFORMATION
School Specialty may allow third parties to post or upload information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Materials") to the Website. You acknowledge and understand that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person (Supplier or User) from which such Materials originated.
The School Specialty Website may provide access to information or Services provided by Users, advertisers, Suppliers or affiliates. You understand that any dealings with third parties are solely between you and such advertiser, Supplier or affiliate. You agree that School Specialty and this Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, Supplier on the Website.
You agree that you must evaluate and bear all risks associated with the use of any Materials, Services and Information on this Website (whether supplied by School Specialty or by a third party), including any reliance on its accuracy, completeness, or usefulness.
YOUR RIGHTS AND RESPONSIBILITES WHEN UPLOADING MATERIALS TO THIS WEBSITE
School Specialty may provide the opportunity for you to upload Materials or Data to this Website. You agree to not use the Website to:
· Harm minors in any way;
· Impersonate any person or entity, including, but not limited to, any law enforcement officer, or any School Specialty official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service;
· Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
· Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
· Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
· "Stalk" or otherwise harass another;
· Collect or store personal data about other users; or
· Upload, post, email or otherwise transmit any Materials that:
o You do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement);
o Are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
o Infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright or other proprietary rights of any party;
o Are unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
o Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user's data against the will of the user
You acknowledge that School Specialty shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Materials that are available via the Service.
You acknowledge and agree that School Specialty and this Website may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of School Specialty and this Website, its users and the public.
CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited to text, pricing, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. School Specialty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received).
School Specialty makes, and this Website includes, no representations or warranties with respect to School Specialty or the contents of this website, which are provided for use "as is" and "as available." School Specialty and this Website disclaim all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to School Specialty and this Website, and any website with which it is linked, or content provided by suppliers to this website. School specialty does not warrant the functions, information or links contained on or in this website or that its contents will meet your requirements, that School Specialty or this Website, or its contents, are fit for any particular purpose or that the operation of this website or its contents, will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots or other harmful components. School Specialty does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You agree to assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall School Specialty or this Website be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this Website, even if School Specialty or an authorized representative has been advised of the possibility of such damages.
JURISDICTION AND EXPORT
This Website is controlled and operated by School Specialty from its main office in Greenville, WI, United States of America. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Data from this site is further subject to United States export controls. By downloading or using the Data, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, is on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by School Specialty to recover damages for, or obtain an injunction relating to, operations of this Website, intellectual property, and services related to this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Milwaukee, Wisconsin, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the User or School Specialty may seek any interim or preliminary relief from a court of competent jurisdiction in Milwaukee, Wisconsin necessary to protect the rights or property of you or School Specialty pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $10,000.00.
School Specialty reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions of Use as modified. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Website.
This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. You and School Specialty each agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin and the federal courts of the Eastern District of Wisconsin.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of School Specialty to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
© 2012 School Specialty, Inc. All rights reserved. www.schoolspecialty.com
When visiting the School Specialty Website, you may be presented with many different opportunities to share information with us in order to make your experience on the Website even better. School Specialty shares your concerns regarding the privacy of personal information collected on the Internet. When you access our Website, we want you to understand how we’re using the information provided and what we’re doing to protect your privacy.
Information Collection and Use
User ID and Password
Information from Other Sources
A "cookie" is a piece of data stored on a user’s hard drive, which contains information about the user. For instance, by setting a cookie on our Website, you would not have to log in with your password more than once, thereby saving time as well as having the ability to take advantage of all of the features of our Website. Usage of a cookie is in no way linked to any personally identifiable information while on our Website. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Website. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
We also collect non-personally-identifiable information though our Internet log files, which record data such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Website. This information may be used to analyze trends, to administer the Website, to monitor the Website's use, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Website and evaluating our Internet systems.
We will share aggregate demographic information with our suppliers and advertisers. This is not linked to any personal information that can identify any individual user.
We and our suppliers may use outside parties for the purposes of providing online registration, ticketing and payment services, fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They might have access to personal information needed to perform their functions.
As we continue to develop our business, we might sell or buy business operations or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that School Specialty or substantially all of its assets or shares are acquired, customer information will be one of the transferred assets.
You can always choose not to provide information, even though it might be needed to make a purchase, enter a contest, register for an event, or to take advantage of certain School Specialty features.
Contests and Events
If you enter a contest or register for an event, we will generally ask you to provide certain information (such as your name, mailing address, e-mail address, phone number, and/or photograph). Do not submit information that you do not want School Specialty to access or use. School Specialty may use personally identifiable information submitted in connection with a contest or special event to provide information and services to Website users and to allow School Specialty to: (i) promote and support School Specialty's products and services and our subsidiaries' products and services; (ii) contact you; and/or (iii) announce contest winners on our Website, our subsidiaries' websites, or through our marketing materials.
Users are responsible for the security of their ID and password on their computer and other devices.
Correction/Updating Personal Information
Access to Information
You may request access to your personal information and particulars as to how your personal information is being used or disclosed. Such requests should be made in writing to the following postal address:
School Specialty will respond to such requests as required by applicable privacy legislation within the time limits required by applicable privacy legislation. School Specialty reserves the right to apply or seek any extensions available under applicable legislation.
School Specialty reserves the right to refuse access to information where applicable legislation permits or requires. You have the right to appeal to any government official with jurisdiction to hear appeals from refusals to provide access to your information.
Notification of Changes