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These Terms of Service describe the terms under which you, a AD101.com account holder ("You"), may access and use the AD101.com service provided AmericanDream.com, Inc. ("We").
The AD101.com service is provided to schools pursuant to agreements with each school or district. Your school provides you your account on AD101.com under the terms of your school's AD101.com agreement. A copy of the standard AD101.com service agreement is reproduced below (the "AD101.com Service Agreement").
By accessing and using your AD101.com account, you agree to comply with all the terms and restrictions on Designated Users described in the AD101.com Service Agreement.
In addition to the terms of the AD101.com Service Agreement and your school's AD101.com service agreement, you agree:
AD101.COM SERVICE AGREEMENT
AGREEMENT between AmericanDream.com, Inc. ("American Dream" or "We") and AD101.com User ("You").
American Dream shall provide an annual subscription (the "Subscription") to the AD101.com service (the "Service") to each school listed on the attached subscription form (each a "School"). We shall provide individual accounts for the Service to each administrator, faculty member, and student that the School designates (each a "Designated User"). These Terms of Service apply equally to every Designated User of the Service under the Subscription.
1. COPPA COMPLIANCE: American Dream is in complete compliance with the Children's Online Privacy Protection Act of 1998 (COPPA). As such, we work with all of our clients to ensure that COPPA rules are being followed in conjunction with the creation of student accounts.
2. TERMINATION: The agreement set forth in these Terms of Service (this "Agreement") may be terminated by you or us for "cause." For purposes of this Agreement, "cause" shall be defined as a substantial breach of any material provision of this Agreement that has not been cured within ten (10) days of receipt by the breaching party of written notice of the breach from the non-breaching party.
Material breach expressly includes: (1) the failure by American Dream to make the Service available to a School and its Designated Users for a period of ten (10) consecutive working days after written notice from you of such failure, and (2) the filing or assertion against, you, a School and/or a Designated User(s) of any claim for infringement of copyright or other intellectual property rights arising out of their use of or access to the Service, unless such use or access by you, such School and/or its Designated User(s) violates the terms and conditions of these Terms of Service or the Posted Terms of Service, except if we cure or settle such claim within ten (10) days of receipt of written notice from you of the filing or assertion of such claim. In each case above, termination shall be effective immediately upon the eleventh (11th) day after written notice is provided by the non-breaching party, unless prior to such day the breaching party shall have cured such breach. In the event of termination by you in accordance with this Agreement, American Dream shall refund to you the prorated portion of any fees previously paid by you for the balance of the term of this Agreement.
3. CONFIDENTIALITY OF PERSONAL INFORMATION - PRIVACY POLICY: Each School agrees to maintain the confidentiality of all personal information concerning Designated Users of our website that the School obtains through the Service. This agreement includes, but is not limited to, forbidding the disclosure, sale, rental or sharing of personal information to or with any other party. The School agrees to comply with all applicable laws concerning personal information.
American Dream has posted the Privacy Policy for the Service on the website. American Dream may change the Privacy Policy at any time. American Dream will post notification of changes on the Service and e-mail them to the School and each Designated User.
American Dream shall abide at all times by the terms of the Privacy Policy as then posted on the Service. In addition to the restrictions on use of personal information set forth in the first paragraph of this Section 2 above, in regard to all personal information concerning Designated Users of our website that the School obtains through the Service, the School shall abide by the restrictions on AD101.com set forth in the Privacy Policy as though the Privacy Policy specifically applied such restrictions to the School.
4. DISCLAIMER: American Dream shall make an effort to provide Designated Users with access to the Service at all times, but we do not warrant that
American Dream explicitly disclaims any responsibility for the accuracy, content or availability of information found on a site that links to or from the Service (a "third-party site"). American Dream may offer links to, or incorporate into the Service, third-party sites that offer various products and/or services. American Dream may refer to such third-party sites, or such third-party sites may refer to the Service, as "associates". American Dream cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by independent retailers. American Dream does not endorse any of the merchandise, nor has it taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. American Dream does not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. American Dream strongly encourages users to make whatever investigation such users feel necessary or appropriate before proceeding with any online or offline transaction with any of such third parties.
5. MATERIALS: The Service presents information, data, content, audio and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as "Materials." All Materials are protected by copyright and owned or controlled by an affiliated company, a third-party provider or us. You and your Designated Users shall have no rights in or to the Materials and will not use any Materials, except as permitted under this Agreement. Designated Users may not do anything with the Materials except in accordance with instructions on the Service. Designated Users may only use and access, download and copy our Materials for their personal use.
If you or your Designated Users download software from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. You shall comply, and you shall cause each of your Designated Users to comply, with any license terms provided on downloading or installation, or incorporated into, any Software you or your Designated Users download. We retain full and complete title to the Software, and all intellectual property rights therein. You and your Designated Users may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
6. LIMITED LIABILITY: American Dream will not be liable for any indirect, consequential, punitive or special damages, of any character, for loss or injury resulting from use of the Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Our obligation to pay any damages will in any event be limited to a return of any amounts paid by the School to American Dream during the term of the subscription.
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