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SchoolSpeak Terms And Conditions
 
Welcome to SchoolSpeak! This Terms and Conditions (the "Terms and Conditions") regarding the SchoolSpeak.com website (the Website") and associated services (collectively, the "Services") is made and entered into by and between each school that executes[SJ1] a Price Quotation and Order Form ("Order") (the "School") and the School's administrators, teachers, students, student parents, and third party vendors and contractors to whom the School may grant access to perform services for the School ("Individual Users" and, collectively with School, "Users") on the one hand, and SchoolSpeak, Inc. ("SchoolSpeak") on the other hand. This Terms and Conditions sets forth the User's rights and obligations associated with the access and use the Services. User hereby agrees that User is entering into a legally binding agreement and representing and warranting that the User is at least 18 years of age or possess legal parental or guardian consent, either by (1) clicking on the "I Accept" button below or (2) accessing the Website or using the Services. User hereby agrees to accept notices sent electronically, including but not limited to, email messages sent to the current email address of the User's account and notices posted on the Website. By clicking on the "I Accept" button below or accessing or using the Services, the User acknowledges that the User has read the Terms and Conditions and Privacy Policy, that the User understands them, and that the User agree to be bound by the Terms and Conditions and Privacy Policy. If the User is a parent, the parent agrees that the Services, Terms and Conditions, and Privacy Policy are acceptable for any of the parent's children that may use the Services. If the User is a teacher, the teacher agrees that Services, Terms and Conditions, and Privacy Policy are acceptable for any of the teacher's students that may use the Services. If a User does not agree to the Services, Terms and Conditions, or Privacy Policy, that User or User's child will not be permitted to use the Services. The Services are provided to Individual Users under an agreement with the School or appropriate education authority.
 
1. Changes in Terms and Conditions and SchoolSpeak services
 
We reserve the right to modify these Terms and Conditions and/or the Services from time to time without notice and for any reason. It is the User's responsibility to review these Terms and Conditions as well as any announcements on the Services from time to time so that the User will be apprised of any changes
 
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2. User Submission and Content
 

Users and third parties may also post, display, upload, email or otherwise provide ("post") text, photos, homework, calendar entries, School events, grades, assignments, opinions, advice, statements, services, offers, and other files, information or materials to the Website or via email provided through the Services ("User Submissions"). SchoolSpeak may provide content to the Website ("Content"). SchoolSpeak does not control the User Submissions posted on the Website. User understands and agrees that SchoolSpeak may, but has no obligation to (unless required by applicable law), monitor User Submissions and remove any User Submissions from the Website, including User Submissions that violate these Terms and Conditions. SchoolSpeak cannot guarantee that the Website will not contain unintended or objectionable content and assume no responsibility for any of the User Submission posted on the Services.

SchoolSpeak reserves the right at all times to disclose and share User Submissions pursuant to the SchoolSpeak Privacy Policy, which is incorporated into these Terms and Conditions and is available at www.schoolspeak.com/Public/PrivacyPolicy.aspx, and to edit, refuse to post or to remove any User Submissions, in whole or in part, that in SchoolSpeak's sole discretion are objectionable or in violation of these Terms and Conditions.

By transmitting User Submissions, each User represents and warrants that the User has all necessary rights to do so and hereby affirms, represent, and/or warrant that such User owns or have the necessary licenses, rights, consents, and permission to use, display, and authorize (and hereby does authorize) SchoolSpeak to use, modify, copy, reproduce, distribute, prepare derivative works of and display such User Submissions. In connection with any User Submissions, each User agrees that the User will not provide any material though the Services that is copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless such User is the owner of such rights or have permission from their rightful owner to post the material and to grant SchoolSpeak all of the above-licensed rights.

User shall retain all of such User's ownership rights in the User Submissions. However, by submitting User Submissions to the Services, each User hereby grants SchoolSpeak a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and fully transferable license to use, reproduce, distribute, prepare derivative works of, and display the material in connection with the Services and SchoolSpeak's business. To the extent the User does not have ownership rights to any of such User Submissions, the User shall indemnify, defend and hold harmless SchoolSpeak for any claim regarding SchoolSpeak's use of the User Submissions. Each User hereby agrees that SchoolSpeak does not guarantee any confidentiality with respect to any material, including User Submissions, that the User provides through the Services.

 
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3. Responsibility Regarding Use of the Services
 

All Users shall be given a User ID and password by the School through SchoolSpeak. The School shall control access to Users access to the Services and only allow access to the Services to student Users that have signed and returned the Consent of Parent or Guardian Form ("Consent Form"). It is the User's responsibility not to disclose the User ID and password and to use the Services only for the purpose in which they are intended. Any use of the Services not in accordance with the intended purpose is prohibited.

Users may not use the Services for any illegal or unauthorized purpose. International Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or the User's country of residence and the Services are void where prohibited by law. Users are solely responsible for User conduct and any User Submissions posted to the Website.

User shall not post User Submissions that, in SchoolSpeak's sole determination, are unlawful, fraudulent, threatening, libelous, defamatory, racist, hateful, harassing, obscene or otherwise objectionable, or infringe or violate any party's intellectual property or other proprietary rights or these Terms and Conditions.

Users shall not make (or allow or assist any third party to make) any illegal or unauthorized use of the Services, including but not limited to:

  • Modifying, adapting, copying, altering, translating, decompiling, disassembling, reverse engineering, making derivative works of, any portion of the Services, including without limitation, the source code and any underlying ideas or algorithms (except to the extent specifically mandated by applicable law);

  • Removing any copyright, trademark or other proprietary rights notices on the Website;

  • Transferring, sublicensing, loaning, selling, leasing, or otherwise commercially using or exploiting the Services;

  • Using the Services in violation of any applicable U.S., state, or foreign law or regulation, including without limitation, privacy laws, export laws, and the Child Online Privacy Protection Act;

  • Forging headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

  • Collecting any information about other Users (including usernames, passwords, IDs, and/or email addresses) for unauthorized purposes;

  • Reformatting or framing any portion of the Website;

  • Impersonating any person or entity, including, but not limited to, an official of SchoolSpeak or any School administrator, teacher, or representative, or falsely state or otherwise misrepresent your identify or affiliation with a person or entity;

  • Creating or transmitting unsolicited, bulk electronic communications such as "spam," or chain email to other Users or otherwise interfering with other User's enjoyment of the Services;

  • Posting User Submissions that infringe, misappropriate or violate the Intellectual Property Rights, publicity, privacy or other proprietary rights of any party;

  • Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;

  • Uploading content that is unlawful or promotes or encourages illegal activity; or uploading false or misleading information; and

  • Interfering with, compromise the integrity of, or disrupting (or attempting to interfere with or disrupt) the Services, servers, or networks connected to the Services, or security thereof, or violate any requirements, procedures, policies or regulations of networks connected to the Services, "stalking" or otherwise harassing another harming minors in any way.

While SchoolSpeak prohibits such conduct and User Submissions on or through the Services, each User hereby agrees that User nonetheless may be exposed to User Submissions by other Users or other content that is inaccurate, offensive, indecent, or otherwise objectionable, that SchoolSpeak is not responsible for such User Information or content, that Users use the Services at their own risk, and that Users hereby waive any legal or equitable rights or remedies the User has or may have against SchoolSpeak with respect thereto. As such, each User hereby expressly waives any and all rights or benefits conferred by the provisions of Section 1542 of the California Civil Code, and by any similar provision of the law of any state, or federal law, now in effect or in effect in the future, and expressly consents that this Terms and Conditions shall be given full force and effect according to each and all of its express terms and conditions, including those relating to unknown and unsuspected c laims above, if any. Section 1542 provides:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing a release, which if known by him must have materially affected his settlement with the debtor."

Each User hereby acknowledges that the User understands the significance and potential consequences of the release of unknown claims and of the specific waiver of their rights under Section 1542 or similar law. Each User intends that the claims released under this Terms and Conditions be construed as broadly as possible, but this release in not intended to waive any claims arising from breach of this Terms and Conditions.

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4. School Obligations
 

School shall be responsible for ensuring that its and any other User's use of the Services under SchoolSpeak's Order agreement with the School shall not violate any applicable U.S., state, or foreign law or regulation, including without limitation, privacy laws, export laws. School and SchoolSpeak agree that School shall be solely responsible (and School hereby agrees that SchoolSpeak is not responsible) for compliance with the Family Educational Rights and Privacy Act and the Child Online Privacy Protection Act, including without limitation, by limiting access to the Services to those student Users from whom the School has received valid Consent Forms and complying with all parental requests regarding the collection, use and disclosure of such parent's child's information. School is responsible for receiving the Consent Form is received by the School and for confirming receipt of valid Consent Forms for each child before allowing the child to access the Website. School is responsible for providing parent Users access to their child's profile so the parent User may review, modify, or delete any student User information contained in the student User's profile by allowing the parent to edit the child's profile on the Website.

School must provide parent Users with the option to agree to the collection and use of the patent User's child's personal information without agreeing to the disclosure of the information to third parties; however, due to the nature of the Website, if a parent User does not (or rescinds) such consent, School shall immediately discontinue that child's access to the Website and will ensure that such child's information is no longer accessible through the Website. In any case, however, SchoolSpeak may provide any collected information to third parties who use it to provide support for the internal operations of SchoolSpeak.

School determines which Users can send email through the Website, which allows the selected Users to send email to other Users email addresses. School may decide to assign to Users varying viewing privileges. School assigns all Users access levels depending on their roles, i.e. teachers, students, administration, and parents. Based upon such assignments, Users may have access to some or all School specific personally identifiable information, including grades, homework assignments, contact information, age, etc. School decides who has access to what information and User Submissions and who can delete or modify the information and User Submissions. School (not SchoolSpeak) is solely responsible for all consequences of the performance or non-performance of its obligations in this Section 4 of the Terms and Conditions.

 
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5. License; Audit
 

Unless otherwise noted, all web Service design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Services are protected by the Intellectual Property Rights of SchoolSpeak and its affiliates, or their content and technology providers. For purposes of this Terms and Conditions, "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all registrations, applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. All ownership rights, title, and Intellectual Property Rights in and to the Services shall remain in SchoolSpeak and/or its licensors. The Terms and Conditions do not grant School or any User any right to any SchoolSpeak source code.

Subject to the terms and conditions of this Terms and Conditions, SchoolSpeak grants to Users (and Users hereby agree to comply with) a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use the Services for non-commercial purposes only. Use of the Services shall be restricted to electronically copy and to print in hard copy portions of the information available on the Website for the sole purpose of accessing and providing information and data relating to the School, including School notices, homework assignments, any other documents posted on the Services for User's use, and using the Services as a shopping resource or for other personal, non-commercial and informational purposes. Any other use of the Services is strictly prohibited.

Upon reasonable written notice, SchoolSpeak shall have the right to verify (including by remote or electronic means) School's compliance with the Order and Terms and Conditions. In addition, School shall make its systems and all applicable books and records available for such inspection during normal business hours at School's principal location. Any audit shall be at SchoolSpeak's expense, unless it discloses a breach of the Order or Terms and Conditions by School, in which case School shall reimburse SchoolSpeak for such expenses.

 
6. Confidential Information
 
In connection with performance of its obligations hereunder, SchoolSpeak may disclose to Users certain information it considers confidential and/or proprietary ("Confidential Information") including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products, and/or (e) any information clearly and conspicuously marked as "confidential" or with a similar designation or information disclosed in a manner in which is reasonably understood under the circumstances as confidential. Users acknowledge that the source and object code of the Services remains a confidential trade secret of SchoolSpeak and/or its licensors and that Users are not entitled to review either the object code or the source code for any reason at any time. Users shall protect the Confidential Information of SchoolSpeak by using all reasonable measures, and at least the same degree of care, but no less than a reasonable degree of care, that it uses to protect its own confidential information of a like nature to prevent its unauthorized use, dissemination or publication to any unauthorized third parties. Users may disclose Confidential Information as needed to comply with a court order, subpoena, or other government demand (provided that the User first promptly notifies SchoolSpeak and gives SchoolSpeak the opportunity to challenge such court order, subpoena, or government demand). Damages for improper disclosure of Confidential Information may be irreparable; therefore, SchoolSpeak is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this Section 6 of the Terms and Conditions.
 
7. DMCA Notice
 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Website, please notify SchoolSpeak's copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work that you claim has been infringed;

  • Identification of the material that is claimed to be infringing and where it is located on the Website;

  • Information reasonably sufficient to permit SchoolSpeak to contact you, such as your address, telephone number, and, e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: DMCA Agent
SchoolSpeak Inc.
5193 N Lake Blvd
PO Box 711
Carnelian Bay, CA 96140

 
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8. Disclaimer of Warranties
 

SchoolSpeak and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, FITNESS FOR A PARTICULAR PURPOSE, completeness, legality, reliability, or operability or availability of information or materials displayed on the Services, INCLUDING CONTENT AND USER SUBMISSIONS. SchoolSpeak disclaims any and all responsibility and liability for the conduct of any USER

SCHOOLSPEAK further disclaimS any responsibility for the deletion, failure to store OR deliver, misdelivery, or untimely delivery of any information or material. SchoolSpeak disclaims any responsibility for any harm resulting from downloading or accessing THE SERVICES. User will bear all risk associated with any use of the services, including but not limited to the content and user submissions that the User accesses. User agrees that SchoolSpeak shall not be liable if a security breach occurs, if the SERVICES malfunction, or if information is misused or mismanaged in any way to the User's detriment or the detriment of a third party, whether by SchoolSpeak, School or an unauthorized third party.

THE SERVICES, WEBSITE, AND ALL MATERIALS AND INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY USER SUBMISSION, CONTENT, AND INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WEBSITE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. SCHOOLSPEAK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCHOOLSPEAK DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED BY SCHOOLSPEAK

SCHOOLSPEAK DISCLAIMS ANY WARRANTIES FOR INFORMATION, ADVICE, OR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICES. Under no circumstances will SchoolSpeak be liable for any loss or damage caused by a user's reliance on information obtained through the Services. It is User's responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. USER AGREES THAT USER'S USE OF THE SERVICES IS ENTIRELY AT USER'S OWN RISK. This Section 8 shall apply to the maximum extent allowed by applicable law.

 
9. Indemnity
 

By using the Services, each User agrees to indemnify and defend SchoolSpeak and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all third party claims, damages, costs and expenses, including attorney's fees, related to or arising from the User's use of the Services. SchoolSpeak reserves the right, in its sole discretion and at is sole expense, to assume the defense and control of any claim or matter subject to indemnification by User

 
10. Limitation of Liability
 

UNDER NO CIRCUMSTANCES WILL SCHOOLSPEAK BE LIABLE TO ANY USER OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF ANY CAUSE OF ACTION (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, INTERRUPTIONS, LOST DATA, COST OF PROCUREMENT OR SUBSTITUTE GOODS, OR OTHER PECUNIARY LOSS, UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO TORT, CONTRACTS) OR IN CONNECTION WITH USE OF THE SERVICES, WHETHER OR NOT SCHOOLSPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL SCHOOLSPEAK BE LIABLE TO ANY PARTY FOR AMOUNTS EXCEEDING THE AMOUNTS PAID FOR THE SERVICES BY THE APPLICABLE SCHOOL FOR THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. This Section 10 shall apply to the maximum extent allowed by applicable law.

 
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11. Term and Termination
 

These Terms and Conditions will apply to all use of the Services. If you are the parent and guardian of a student using the Services, and cease to agree with SchoolSpeak's Terms and Conditions and privacy policy at some point in the future, you may terminate your membership by contacting the School via email or phone, which shall be responsible for deactivating your account and your child's account, and remove certain profile and other personal information from view. Once your membership terminates, you will have no right to use the Services.

We reserve the right to the right to terminate with or without notice, without liability to any party, this Terms and Conditions, including without limitation any license to use the Services, with any Individual User or with any School in accordance with the Order.

Upon termination of this Terms and Conditions, all licenses, and any other rights and services provided by SchoolSpeak to the applicable Users shall cease immediately. SchoolSpeak also may permanently or temporarily terminate, suspend, or otherwise refuse to permit User's use of the Website without notice or liability, if in SchoolSpeak's sole determination, the User violate any of the Terms and Conditions. Termination of this Terms and Conditions, any license, or User's access to the Website, shall not limit SchoolSpeak from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any School of its obligation to pay all fees that have accrued or are otherwise owed by School under any applicable Order.

 
12. U.S. Government Restricted Rights
 

The Services software is commercial within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in this Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, the use of the software is further restricted by this Terms and Conditions.

 
13. General
 
  • Headings: Headings are for organizational purposes only and shall in no way affect the interpretation of this Terms and Conditions.

  • Assignment: This Terms and Conditions is personal to the User. The User may not assign or otherwise transfer the User's rights or delegate obligations under this Terms and Conditions, in whole or in part, without the prior written consent of SchoolSpeak. Any attempted assignment by the User shall be null and void. SchoolSpeak may assign its right and obligations under this Terms and Conditions at its sole discretion.

  • Survival: Upon any expiration or termination of this Terms and Conditions, the following Sections of this Terms and Conditions shall survive: 1 through 4 and 6 through 13.

  • Governing Law: This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the federal U.S. laws applicable therein, excluding its choice of law provisions, and User and SchoolSpeak hereby agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to this Terms and Conditions, the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

  • Severability: If any provision of this Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between the parties.

  • No waiver: Failure of either party to act in the event of a breach of this Terms and Conditions by the other shall not be deemed a waiver of such breach or a waiver of future breaches.

  • Notices: Any notice given under this Terms and Conditions shall be in writing and in the English language and shall be emailed, if to SchoolSpeak, to the address as provided at www.schoolspeak.com/CompanyV4/Contactus.aspx, or if to the User, to the address associated with the User's account.

  • Force Majeure: Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

  • The Agreement: This Terms and Conditions, the SchoolSpeak Privacy Policy, Order (where applicable), and the terms or other provisions located at the Website (which are all incorporated herein by reference to the extent they do not conflict with these Terms and Conditions), constitutes a complete, absolute integration and the entire agreement between the parties hereto relating to the subject matters of this Terms and Conditions. This Terms and Conditions may be revised from time to time at SchoolSpeak's sole discretion by publishing the revised Terms and Conditions on the Website or otherwise providing the revised Terms and Conditions to the Users. The revised Terms and Conditions shall become effective upon such publication or provision. User's continued use of the Services is User's acceptance of any revised Terms and Conditions.

This Terms and Conditions was last revised on August 24, 2007.

 
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