Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the After School Matters, Inc. website located at http://www.afterschoolmatters.org (“Site”) and to any correspondence by e-mail between you and After School Matters, its officers, directors, employees, subsidiaries and affiliates or agents of any of them. The Site is the property of After School Matters. After School Matters maintains the Site as a courtesy to its customers, apprentices, employees, donors, subsidiaries and other affiliates and collaborators.  You use this Site at your own risk, and the material on this Site is provided "as is."  By using the Site in any way, you indicate that you agree to these Terms of Use, regardless of whether or not you register or log in to the Site.

After School Matters reserves the right, at its sole discretion, to modify, add, or remove portions of these Terms of Use at any time. You agree to check these Terms of Use periodically for changes, and your continued use of the Site following the posting of changes indicates that you accept and agree to the changes.

Limited License for Use

All text, graphics, interfaces, music, artwork and computer code (“Content”), including but not limited to the design, structure, compilation, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ASM and its licensors, and is protected by copyright, patent and/or trademark laws, and various other intellectual property rights and unfair competition laws.

After School Matters, the ASM After School Matters logo, Find Your Future, club37, gallery37, science37, sports37, tech37, and words37 are registered trademarks of After School Matters. All use of After School Matters trademarks, both registered and common law, must be approved in writing by After School Matters. Inquiries may be directed to info<at>afterschoolmatters.org. All other trademarks not owned by After School Matters that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to After School Matters.

Unless otherwise specified, the Content on the Site is for your personal and non-commercial use. You are granted a limited license to access the Site for that purpose only.  You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information or Content contained on, or obtained from, the Site without retaining all copyright and other proprietary notices and without After School Matters' express written consent. 

If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Children

This Site is intended solely for users who are thirteen (13) years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.  By using the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

Privacy

After School Matters' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  To view After School Matters' Privacy Policy, click here.

Additionally, by using the Site you acknowledge and agree that Internet transmissions cannot ever be considered completely private or secure.  You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Conduct

You may not misuse the Site (including, without limitation, by hacking).  You may not post or transmit to or from the Site or to any other user of the Site anything which violates or is designed to violate any law (including, without limitation, copyright, trademark, or other intellectual property law), which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data), which obtains or is designed to obtain personally identifiable information about another (including, without limitation, Phishing messages or Spyware), which is designed or intended to annoy, abuse, threaten or harass After School Matters, its licensors, or any other user of the Site (including, without limitation, Spam messages or other offensive material), or is otherwise harmful.

After School Matters takes no responsibility and assumes no liability for your conduct in connection with the Site.

Use of Forums

After School Matters takes no responsibility and assumes no liability for any content posted by forum users.

Forum users may post comments so long as the content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties.  Forum users represent and warrant that they own or otherwise control all of the rights to the posted content, that the content is accurate, that use of the content will not cause injury to any person or entity, and that they will indemnify After School Matters for all claims resulting from the content they supply.

Forum users who post comments grant After School Matters a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, with or without the name under which the content was submitted.

After School Matters has the right but not the obligation to monitor and edit or remove any content.

Portfolio Material

After School Matters takes no responsibility and assumes no liability for any content posted in individual portfolios.

Portfolio creators may post material so long as the content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties.  Portfolio creators represent and warrant that the posted material is accurate, that the posted material is not plagiarized, that use of the content will not cause injury to any person or entity, and that they will indemnify After School Matters for all claims resulting from the content they supply.

Portfolio creators represent and warrant that posted material was created in an After School Matters program and that After School Matters owns or otherwise controls all of the rights to the posted material.  To the extent After School Matters does not own or control all of the rights to the posted material, portfolio creators grant After School Matters a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, with or without the name under which the content was submitted.

After School Matters has the right but not the obligation to monitor and edit or remove any content.

Links to Other Sites

This Site may contain links to other independent third-party websites.  These links are provided solely as a convenience to our visitors.  The inclusion of a link to a third-party website does not imply After School Matters' affiliation or association with, or control or endorsement of any third party or a third-party website.  After School Matters' is not responsible for and does not endorse the content of such websites, including any information or materials contained on them.  Your use of these third-party websites is at your own risk, and you will need to make your own independent judgment regarding your interaction with these linked websites.

Links from Other Sites

If you would like to link to the Site, you may only do so on the basis that you only link to, and do not replicate, the home page of the Site, subject to the following conditions:

You may not remove, distort or otherwise alter the size or appearance of After School Matters' name and logo and may not otherwise use any of After School Matters' trademarks displayed on the Site without express written permission from After School Matters'.

You may not create a frame or any other browser or border environment around the Site.

Links directly to the Site must be text-only and you may not use the ASM logo as a link without express written permission from After School Matters.  Hypertext links should be of the form: After School Matters – http://www.afterschoolmatters.org.

You may not in any way imply that After School Matters is endorsing any products or services other than its own, misrepresent your relationship with After School Matters, or present any other false information about After School Matters.  Additionally, you may not represent that you or your organization has a relationship with After School Matters or any of the events, products or services that After School Matters provides unless that relationship is the subject of a written agreement signed by After School Matters.

You may not copy and reuse Content, information or material from the Site for use on your website.

Your website may not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

You agree that After School Matters assumes no liability or responsibility whatsoever for any content of any website that links to After School Matters' Site or is linked to from After School Matters' Site.

After School Matters reserves the right to revoke your right to link to the Site at any time and for any reason.  You agree to fully indemnify After School Matters' for any loss or damage suffered by After School Matters, its licensors, officers, directors, employees, other third parties mentioned at this Site, or agents of any of them for breach of this “Links from Other Sites” clause.

Financial Information and Forward-Looking Statements

Where the Site contains financial information or any information concerning the performance or operation of After School Matters or any other company or entity, After School Matters is not providing or agreeing to provide any advice relating to any investment or donation decision that may be taken by you.  None of the information or data contained in the Site shall constitute either (1) a solicitation, offer, opinion, or recommendation by After School Matters to buy, sell or hold any security or other investment or (2) the provision of legal, tax, accounting, investment, or donation advice or services regarding the profitability or suitability of any security, investment, or donation.

The presentations, reports and/or filings of After School Matters found on this Site contain time-sensitive information.  The information contained therein is only accurate as of the date thereof.  After School Matters will not be reviewing or updating the material that is contained in these items after the date thereof.  The information contained therein may be updated, amended, supplemented or otherwise altered by subsequent presentations, reports and/or filings by After School Matters.

Particular areas of this Site may contain forward-looking statements that involve risks and uncertainties, including planned programs, expected participation volumes, and budgeted expenses and other risks and uncertainties detailed in the Site, including without limitation After School Matters' Annual Report.  Actual results may vary materially from the statements.

Disclaimers

After School Matters does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that your use of the Site will provide specific results.  The Site and its content are delivered on an “as-is” and “as-available” basis.  All information provided on the Site is subject to change without notice.  After School Matters cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.  In no event shall After School Matters, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates or agents of any of them be liable or responsible in any way for any amount or kind of loss or damage that may result to you or a third party in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site. After School Matters further disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

After School Matters, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates or agents of any of them disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any After School Matters services.  You assume total responsibility for your use of the Site and any linked websites.  Your sole remedy against After School Matters, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates or agents of any of them for dissatisfaction with the Site or any content is to stop using the Site or any such content.  This limitation of relief is a part of the bargain between the parties.

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, infringement of any intellectual property right, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.  Nothing in these Terms of Use shall exclude or limit After School Matters' liability for any liability which cannot be excluded or limited under applicable law.

To the extent that After School Matters uses the term 'partner' or 'partnership' to describe entities with which it collaborates, After School Matters does so only in a colloquial sense, and no legal partnership is intended or created.

After School Matters reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold After School Matters, its licensors, officers, directors, employees, other third parties mentioned at this Site, apprentices, subsidiaries and affiliates and agents of any of them harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against After School Matters by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

You agree that After School Matters may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

You agree that After School Matters may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

E-commerce Terms & Conditions

After School Matters is not responsible for typographical errors.  After School Matters reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

After School Matters reserves the right to change the terms and conditions of sale at the Site store at any time.

After School Matters may make changes to any products or services offered, or to the applicable prices for any such products or services, at any time, without notice.

After School Matters reserves the right to modify, suspend or terminate operation of or access to the Site store, or to any portion of the Site store, for any reason, at any time, without notice.

Applicable Law

You agree that any dispute arising in connection with the Site, including these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts-of-laws principles.  You further agree that disputes arising in connection with the Site, including these Terms of Use, shall be subject to the exclusive jurisdiction of the courts in the State of Illinois, and you and After School Matters agree to submit to the exclusive personal jurisdiction and venue of the courts in the State of Illinois with respect to these matters.

If you have any questions regarding the use of this Site or its material please contact After School Matters: info<at>afterschoolmatters.org  Any such communication will be considered non-confidential by After School Matters.

All contents © 2009 After School Matters.  Unauthorized use prohibited.