Terms and Conditions
Welcome to SchoolBasics.com web site (the “Site”). Please review carefully the following Terms and Conditions. The following rules govern your use of this Site. By accessing or using our Site in any way you are agreeing to comply with these Terms and Conditions, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms").
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the terms; otherwise, please exit the Site.
CHANGES TO THE TERMS OR SITE
SchoolBasics.com may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. SchoolBasics.com reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that SchoolBasics.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, SchoolBasics.com may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify SchoolBasics.com of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which SchoolBasics.com may otherwise have, SchoolBasics.com reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, SchoolBasics.com may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall SchoolBasics.com be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of SchoolBasics.com under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that SchoolBasics.com makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
In order to protect SchoolBasics.com and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of merchandise that may be ordered online by a single individual or entity. SchoolBasics.com reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
SUBMISSIONS TO SCHOOLBASICS.COM
You agree not to propose, post or submit to SchoolBasics.com ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to SchoolBasics.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to SchoolBasics.com the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that SchoolBasics.com is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against SchoolBasics.com for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to SchoolBasics.com, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
Violating the security of our Site is prohibited and may result in criminal and civil liability. SchoolBasics.com may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") is the property of SchoolBasics.com and is protected by both United States and international copyright laws. The compilation of contents on the Site is the exclusive property of SchoolBasics.com and protected by both U.S. and international copyright laws. All software used on the Site is the property of SchoolBasics.com or its software suppliers and protected by both United States and international copyright laws. Use of the SchoolBasics.com name, logo, or other trademark or service mark of SchoolBasics.com is strictly prohibited.
You agree that SchoolBasics.com may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. You agree that all terminations and suspensions for cause shall be made in SchoolBasics.com sole discretion and that SchoolBasics.com shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SCHOOLBASICS.COM, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF SCHOOLBASICS.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SCHOOLBASICS.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless SchoolBasics.com and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with SchoolBasics.com or your use of our Site. SchoolBasics.com reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with SchoolBasics.com in asserting any available defenses.
SchoolBasics.com attempts to display product images shown our Site as accurately as possible. However, we cannot be responsible for photographic differences in size, shape and color of the products, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.