Use of the Site
By using the Site, you represent and warrant that you are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any user using the Site on behalf of a company or other type of legal entity further represents and warrants that they are authorized to act and enter into contracts on behalf of that entity.
User Information and Password Protection
In connection with your use of the Site, you may be required to complete a registration form. You represent and warrant that all user information you provide will be current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.
You may also be asked to provide create a user name and password in connection with your use of certain portions of the Site. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other member at any time. You agree to notify EdChoice immediately of any unauthorized use of your account, user name, or password. EdChoice shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by EdChoice, its employees, affiliates, agents, representatives, and licensors due to someone else’s use of your account or password.
You may input or upload personally identifiable information to our Site, including demographic information, contact information, and other information. EdChoice is not responsible or liable for your conduct, whether online or offline, with respect to the information you submit through the Site. You agree that EdChoice may terminate your use of the Site in its sole discretion for any reason. Further, you agree that EdChoice reserves the right to remove or edit the Content in its sole discretion.
YOU HEREBY GRANT EDCHOICE A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT, AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE SITE, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT EDCHOICE MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY EDCHOICE OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that you own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided to EdChoice under this section. You further represent and warrant that all User Content fully complies with EdChoice’s Community Guidelines.
The Site contains forums that enable you to upload, submit, post, display, perform, distribute and/or view User Content, and/or to communicate, share, or exchange User Content with other Site users or other Site visitors. You acknowledge that the forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share, or exchange by means of any forum may be viewed on the internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any forum and for the consequences of submitting or posting the same. PROBOARDS DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
Forum Control and User Disputes
EdChoice does not control the forums made available on the Site. Forum administrators and moderators reserve the right, in their sole discretion, to monitor and review forum posts, delete or modify forum posts, revoke membership to the forum, block access to the forum, modify your account profile, or modify any User Content on the forum. We are under no obligation to administer or moderate the forum and assume no responsibility or liability arising from any material transmitted using the Site.
You should contact the forum administrator directly with any complaint, grievance, or problem. EdChoice reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between users. You agree to hold EdChoice harmless in connection with any dispute or claim You make against any other member.
You agree that you shall not use the Site to upload, post, transmit, display, perform, or distribute any content, information, or materials that:
- Are libelous, defamatory, obscene, indecent, abusive or threatening, violent, hateful, inflammatory, offensive, harassing, or otherwise objectionable;
- Promotes sexually explicit or pornographic material, or constitutes child pornography;
- Solicit personally identifiable information from, or exploit in a sexual or violent manner, anyone under the age of 18;
- Promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promotes any unlawful conduct or glamorizes the use of illegal substances and drugs;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations; or
- Violates any provision of these Terms, including without limitation EdChoice’s Community Guidelines, or is generally offensive or in bad taste, as determine by EdChoice.
You may only use the Site for lawful purposes and in accordance with these Terms. EdChoice imposes certain restrictions on your use of the Site. You agree not to use the Site to:
- Violate any applicable international, federal, state, or local law;
- Provide false, misleading, or inaccurate information to EdChoice or any other user;
- Impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity;
- Harvest or otherwise collect information about EdChoice users, including email addresses and phone numbers;
- Access content or data not intended for you or log onto a sever of account that you are not authorized to access;
- Disable, overburden, damage, or impair the Site, or use any robot, spider, or other automatic device, process, or means to access the Site for any purpose;
- Introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site or any server, computer, database, or other resource or element associated with the Site; and
- Otherwise attempt to interfere with the proper working of the Site.
The Site is protected by intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws. The trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”) displayed on the Site are the property of EdChoice or are duly licensed for use on the Site.
You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Site for commercial or public purposes in a manner that violates these Terms.
Subject to your compliance with these Terms, EdChoice grants you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site for your personal use. The information on the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EdChoice. Notwithstanding the foregoing, EdChoice grants you permission to use original EdChoice (F.K.A. the Friedman Foundation for Educational Choice) information and research provided that you properly cite EdChoice as the source of the information or research. Any unauthorized use of the Site shall automatically terminate the license granted to you by EdChoice for all legitimate uses of the Site.
No Endorsement and Reliance on Third-Party Content
From time to time, we may include links to websites belonging to third-party organizations, which may include lobby groups, on the Site. By including links to third-party websites, we do not endorse or make any representations or warranties concerning the third parties, their activities, or the services they provide.
Opinions, advice, statements, or other information made available by means of the Site are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF the SITE OR ANY MATERIALS PROVIDED ON THE SITE. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER EDCHOICE, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “EDCHOICE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE AND SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE AND SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF WE OR AN EDCHOICE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH EDCHOICE IS TO STOP USING THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EDCHOICE AND EDCHOICE ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN EDCHOICE AND YOU.
Right of Modification and Termination
We may, at any time, revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Further, EdChoice reserves the right, without notice and for any reason, to remove any content on the Site and to deny access of any user to all or any part of the Site. You may terminate your agreement to these Terms by ceasing to use our Site.
We reserve the right, without notice and for any reason, to remove any Content on the Site, correct any errors, inaccuracies, or omissions in any Content on the Site, change or update any Content on the Site, and to deny access of any user(s) to all or any part of the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
These Terms and the relationship between you and EdChoice will be governed by and construed under the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that EdChoice may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.
Any failure by EdChoice to enforce any of its rights under these Terms or applicable laws shall not constitute a waiver of such right. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you, EdChoice, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms provisions shall retain their full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EdChoice as a result of this agreement or use of the Site. EdChoice’s performance of the agreement under these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EdChoice’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EdChoice with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
These Terms constitutes the entire agreement between you and EdChoice with respect to the Site, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EdChoice with respect to the Site. Any rights not expressly granted herein are reserved.
Questions and Feedback
If you have any questions about these Terms, the Site, or your dealings with EdChoice, please contact us at:
111 Monument Circle, Suite 2650
Indianapolis, IN 46204
We welcome your questions and feedback.
Last revised: May 15, 2019