Website Terms of Service

Last Updated:  February 18, 2008

I.          ACCEPTANCE OF TERMS

White Hat Management, LLC and its subsidiaries and affiliates (collectively “White Hat”) provide website services to you subject to the following Terms of Service (“Terms”).  Your use of the Service, as defined below, signifies your acceptance of these Terms.  Further, you agree that these Terms may be updated by White Hat from time to time without notice to you. 

II.         DESCRIPTION OF SERVICE

White Hat is among the premier educational innovators in the United States and is the largest charter school operator in Ohio.  We contract and assist non-profit corporations that either hold charters or see a need to operate a community or charter school.  White Hat provides its websites and the information they contain (the “Service”)  for your use on an “AS-IS” basis.  White Hat assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications.  You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet Service Provider or airtime charges).  In addition, you must provide and are responsible for all equipment necessary to access the Service.

III.       WHITE HAT PRIVACY POLICY

Your use of the Service is subject to our Privacy Policy.  You understand that you consent to the collection and use (as set forth in the Privacy Policy) of this information through your use of the Service.

IV.       BACK SUBMITTED THROUGH THE SERVICE

By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to White Hat by email or through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) White Hat is not under any obligation of confidentiality, express or implied, with respect to your Feedback; (c) White Hat shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) White Hat may have something similar to your Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of White Hat without any obligation of White Hat to you; and (f) you are not entitled to any compensation or reimbursement of any kind from White Hat under any circumstances.

V.        INDEMNITY

You agree to indemnify and hold White Hat and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.

VI.       NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

VII.      MODIFICATIONS TO SERVICE

White Hat reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that White Hat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

VIII.     LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because White Hat has no control over such sites and resources, you acknowledge and agree that White Hat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that White Hat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

IX.       WHITE HAT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part.

White Hat grants you a personal, non-transferable, and non-exclusive right and license to use the Service provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any applicable source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Service.  You agree only to access the Service as provided by White Hat and agree not to create, host, or access an off-line, cached, or mirrored version of the Service.

X.        DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.       YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WHITE HAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b.      WHITE HAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.      NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHITE HAT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

XI.       LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHITE HAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHITE HAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

XII.      EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

XIII.     NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

XIV.    TRADEMARK INFORMATION

The trademarks, service marks and other White Hat logos and product and service names are trademarks of White Hat. Without White Hat’s prior permission, you agree not to display or use the marks in any manner.

XV.      ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and White Hat and govern your use of the Service, superseding any prior agreements between you and White Hat with respect to the Service.  

XVI.    CHOICE OF LAW

These terms and the relationship between you and White Hat shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and White Hat agree to submit to the personal and exclusive jurisdiction of the courts located within the Summit County, Ohio.

XVII.   WAIVER AND SEVERABILITY

White Hat’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms 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 the Terms shall remain in full force and effect.

XVIII.  STATUTE OF LIMITATIONS

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 the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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