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TERMS OF USE

SchoolSpring.com is a service provided by SchoolSpring, Inc. ("SchoolSpring"), a Vermont corporation. Please read these Terms of Use carefully before using this site. Any undefined terms used in these Terms of Use shall refer to areas of this site with the same name. These Terms of Use are applicable to all users of this site, unless specifically set forth herein.

Acceptance of Privacy Policy and Terms of Use
BY USING THIS SITE OR UPLOADING OR DOWNLOADING INFORMATION TO AND FROM THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THE PRIVACY POLICY AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY GOVERNING THIS SITE, YOU SHOULD NOT USE THIS SITE. BY USING THIS SITE OR UPLOADING OR DOWNLOADING INFORMATION TO AND FROM THIS SITE, YOU AGREE TO USE THIS SITE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

If you are a teacher or an administrator of a school or school district acting on behalf of such school or school district, by registering on the site you are agreeing to these Terms of Use and the Privacy Policy on your own behalf and on behalf of such school or school district, as the case may be. This Terms of Use and the Privacy Policy or any part thereof may be revised from time to time through an updated posting. You should, therefore, check both these Terms of Use and the Privacy Policy periodically. Revisions are effective upon posting and your continued use of this site following the posting of such revisions will indicate your acceptance of such revisions. If you have any questions concerning these Terms of Use or the Privacy Policy, please email us.

SchoolSpring Services
SchoolSpring provides services (the "SchoolSpring Services") that allow (i) job seekers ("Candidates") to search for education job postings, send email messages regarding job postings, store personal and professional information so that SchoolSpring clients can actively recruit potential candidates, and sign up to receive notification of new job postings that match the Candidate's job preferences; and (ii) educational institutions ("Clients") to facilitate and streamline the recruiting and hiring process. The SchoolSpring Services are available through an Internet site located at the URL address of http://www.schoolspring.com.

User License
Users of this site are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this site for personal, non-commercial use and, in the case of Candidates and Clients, for use of the SchoolSpring Services. Modifications of any material on this site or use of the materials for any purpose other than as contemplated in these Terms of Use is a violation of SchoolSpring's copyright and other proprietary rights. Except for the material you create in a Candidate Portfolio, a Job Posting or other information you provide to SchoolSpring or for any material you submit to SchoolSpring, you may not reproduce, upload, post, transmit, download, or distribute any part of this site other than printing out or downloading portions of the text and images for your own personal, non-commercial use. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this site unless specifically authorized in writing by SchoolSpring to do so. In addition, your use of any software you download from this site will be governed by the terms of the user license agreement, if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the terms of that license agreement. For any software not accompanied by a license agreement, we hereby grant to you, the user, a limited, personal, nontransferable and nonexclusive license to use the software for your own personal, non-commercial use, or, in the case of Candidates and Clients, for use of the SchoolSpring Services, in accordance with these Terms of Use and for no other purpose. SchoolSpring does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Terms and Conditions Applicable to Candidates
SchoolSpring provides services that allow Candidates to search for education job postings, send email messages regarding job postings, store personal and professional information so that SchoolSpring Clients can actively recruit potential candidates, and sign up to receive notification of new job postings that match the user's job preferences, as well as emails regarding training sessions and system updates. These services are available through an Internet site located at the URL address of http://www.schoolspring.com (the "Candidate Services"). This agreement is entered into between SchoolSpring and the Candidate as of the date the candidate registration form is submitted.

The Candidate agrees to use the Candidate Services with lawful intentions and agrees to provide only truthful information whenever required. If any information provided by the Candidate is found to be incorrect and deemed intentionally deceitful in nature, the Candidate will forfeit access to his/her information and the Candidate Services, which may or may not affect any pending job applications.

The Candidate understands that SchoolSpring does not influence or have any association with the application review or hiring processes of SchoolSpring Clients. The Candidate will not hold SchoolSpring liable for the outcome of any application for employment with any SchoolSpring Client.

In addition to the Terms and Conditions set forth in this section, and except as set forth in the section entitled "Terms and Conditions Applicable to Clients", the Candidate shall be subject to all provisions of SchoolSpring's Terms of Use and Privacy Policy.

Terms and Conditions Applicable to Clients
SchoolSpring provides services that allow Clients to facilitate and streamline the recruiting and hiring process through an Internet site located at the URL address of http://www.schoolspring.com (the "Client Services"). This agreement is entered into between SchoolSpring and the Client as of the date the client registration form is submitted by the primary contact noted on the client registration form.

The Client agrees to use the Client Services with lawful intentions and to submit only truthful information for presentation to prospective job candidates. Furthermore, the Client agrees to protect the security of the Client's information stored on SchoolSpring by limiting the distribution of login authentication information to only trustworthy employees of the Client. The Client understands that SchoolSpring cannot be held responsible for lost data, or misrepresented information provided by individuals who accessed the Client Services using appropriate authentication information.

In addition to the Terms and Conditions set forth in this section, and except as set forth in the section entitled "Terms and Conditions Applicable to Candidates", the Client shall be subject to all provisions of SchoolSpring's Terms of Use and Privacy Policy.

Access
Access to some sections of this site is restricted to Candidates and/or Clients. Usernames and passwords are personal to the registered user or, in the case of some Clients, to certain employees of a registered user, and may not be shared or transferred with any other party. Usernames and passwords must be kept confidential. It is important that you log out under your user identification and password at the end of each memcache.

Incorporation of Information on this Site
The descriptions of the SchoolSpring Services and the pricing and payment terms set forth on other areas of this site, including, without limitation, areas of this site relating to the registration of Candidates or Clients as users hereof, are as set forth in such other areas and are expressly incorporated into these Terms of Use by reference.

Unlawful Use
As a condition of your use of this site, you warrant to SchoolSpring that you will not use this site for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party's use and enjoyment of this site. You agree not to obtain or attempt to obtain through this site any materials or information not intentionally made available to you through this site.

Termination
SchoolSpring reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this site or any of its services, or any part thereof, with or without notice. You agree that SchoolSpring will not be liable to you or any third party for any modification, suspension, or discontinuation of this site or any services, or any part thereof. Further, SchoolSpring reserves the right to terminate your username and password and your use of this site or any of the services if SchoolSpring believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. You agree that any termination of your access to this site or any services under any provision of these Terms of Use may be effected with or without prior notice, and acknowledge and agree that SchoolSpring may immediately deactivate or delete your username and password and all related information and files under your username and password and/or bar any further access to this site or any services. Further, you agree that SchoolSpring will not be liable to you or any third party for any termination of your access to this site or any of its services.

User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

SchoolSpring does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

SchoolSpring acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly does not conform to these Terms of Use, SchoolSpring may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. SchoolSpring has no liability or responsibility to users for performance or nonperformance of such activities.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.

Security
You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify SchoolSpring of any unauthorized use of your username and password, or another user's username and password, or any other breach of security, and (b) ensure that you log out from use of this site under your username and password at the end of each memcache. SchoolSpring cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

Links to Other Sites
This website may provide links to other websites or resources. Because SchoolSpring does not control such websites and resources, you acknowledge and agree that SchoolSpring is not responsible or liable for the content, products or performance of such external websites and resources, and you hereby irrevocably waive any claim against SchoolSpring with respect to such websites and resources. SchoolSpring reserves the right to terminate any link at any time without notice. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by SchoolSpring of that website or resource, or any products or services provided therein. We recommend that you review any terms of use and privacy policy of a linked website before providing any information to that website or using its products and services. Domain names and trademarks of any linked website, and all content of such linked website, are the sole property of their respective owners.

Copyright and Proprietary Rights
This website is the property of SchoolSpring and is protected by United States and international copyright laws and other intellectual property laws. All copyright, trademark, and other proprietary rights of this site and in the software, text, graphics, design elements, audio, music, and all other materials originated or used by SchoolSpring at this site (collectively, "SchoolSpring Content") are reserved to SchoolSpring and other respective owners who have granted SchoolSpring the right and license to use such SchoolSpring Content. You agree not to display, disparage, dilute, or taint any of SchoolSpring's trademarks or use any confusing similar marks or use SchoolSpring's trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of SchoolSpring's trademarks by you shall be to the benefit of SchoolSpring. If you submit any concepts, ideas, comments, manuscripts, illustrations, or other materials as part of a Job Posting, Candidate Portfolio or otherwise in connection with this website, you do so without any restriction or expectation of confidentiality as to the parts of such submission that is not personally identifiable to the registered member. We will have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary (including copyright) or moral right of any kind with respect to such submissions. SchoolSpring will have the right to use, publish, reproduce, modify, transmit, download, upload, post, display, or otherwise distribute in any form and media, now known or developed hereafter, your submissions without notice or compensation to you.

Liability Disclaimers
SchoolSpring.com is only a venue. This site acts as a venue for Clients to post job opportunities and Candidates to post profiles and relevant information and does not screen or censor the listings offered. SchoolSpring is not involved in the actual transaction between Clients and Candidates. As a result, SchoolSpring has no control over the quality, safety or legality of the jobs or information posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the SchoolSpring site.

Because user authentication on the Internet is difficult, SchoolSpring cannot and does not confirm that each user is who they claim to be. Because SchoolSpring does not and cannot be involved in user-to-user dealings or control the behavior of participants on the site, in the event that you have a dispute with one or more users, you release SchoolSpring (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "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 the release, which if known by him must have materially affected his settlement with the debtor."

SchoolSpring is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the SchoolSpring site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

SchoolSpring expects that you will use caution and common sense when using this site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information placed by you on the SchoolSpring site.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THIS SITE. SCHOOLSPRING, SCHOOLSPRING'S AFFILIATES, AND/OR RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

SCHOOLSPRING, SCHOOLSPRING'S AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE FOR ANY PURPOSE. SCHOOLSPRING MAKES NO WARRANTY THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY INFORMATION, SOFTWARE, PRODUCT, AND SERVICE PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS OR DEFECTS IN THE SERVICES OR THIS SITE WILL BE CORRECTED.

ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

SCHOOLSPRING, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

SCHOOLSPRING MAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER SCHOOLSPRING NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THIS SITE WILL NECESSARILY BE SECURE.

IN NO EVENT SHALL SCHOOLSPRING, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, GOODWILL OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF SCHOOLSPRING, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SCHOOLSPRING, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THIS SITE.

Information Accuracy
SchoolSpring will make every effort to provide you with access to accurate information through the SchoolSpring Services. However, SchoolSpring cannot guarantee the accuracy of information provided by Candidates or Clients of SchoolSpring and therefore cannot be held responsible for any incorrect information presented in the SchoolSpring services.

Service Availability
Because the SchoolSpring Services are available through an Internet site, they are available 24 hours per day, 7 days per week. However, SchoolSpring reserves the right to temporarily restrict access to the SchoolSpring Services in order to perform maintenance and system upgrades. SchoolSpring has no obligation to notify the User prior to any system outages and cannot be held responsible for any inconveniences caused by the outage.

Indemnification
You agree to indemnify and hold SchoolSpring and its parents, subsidiaries and affiliates, and its and their respective officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this site, your violation of these Terms of Use, or your violation of any rights of another user.

General
This Terms of Use and the Privacy Policy constitute the entire agreement between you and SchoolSpring and shall govern your use of this site; provided that Candidates are also subject to the additional Terms and Conditions Applicable to Candidates listed above and Clients are also subject to the additional Terms and Conditions Applicable to Clients listed above. This Terms of Use and the Privacy Policy supersede any prior agreements between you and SchoolSpring concerning this site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. This Terms of Use and the relationship between you and SchoolSpring will be governed by the laws of the State of Vermont without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The failure of SchoolSpring to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SchoolSpring or any of our affiliates or suppliers as a result of this agreement or use of this site. SchoolSpring may send email notification of recent events of interest to our visitors. You may opt out of these email notifications by contacting us through our e-mail address at contact@SchoolSpring.com. SchoolSpring reserves the right to contact you via email to notify you of important system changes.

Any rights not expressly granted herein are reserved.

Please report any violations of these Terms of Use to contact@SchoolSpring.com.

Digital Millennium Copyright Act Compliance
If you have copyright concerns about the materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent:

DMCA Designated Agent
SchoolSpring.com, Inc.
4 Elson Parkway
South Burlington, VT 05403
Email: contact@SchoolSpring.com