Safe and Sound Schools
A Sandy Hook Initiative for Safer Schools

Legal

SAFE AND SOUND: A SANDY HOOK INITIATIVE WEBSITE TERMS OF ACCESS AND USE IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND SAFE AND SOUND: A SANDY HOOK INITIATIVE (“WE” OR “SAFE AND SOUND”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE: http://safeandsoundschools.org/, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF ACCESS AND USE AGREEMENT (THE OR THIS “AGREEMENT”) AS THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SAFE AND SOUND WEBSITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SAFE AND SOUND WEBSITE”). SAFE AND SOUND IS WILLING TO LICENSE AND ALLOW THE USE OF THE SAFE AND SOUND WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SAFE AND SOUND WEBSITE AND ARE INSTRUCTED TO EXIT THE SAFE AND SOUND WEBSITE IMMEDIATELY. TERMS AND CONDITIONS

  1. LICENSE GRANT. The Safe and Sound Website is provided by Safe and Sound, and this Agreement provides to you an individual, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Safe and Sound Website and any materials or information made available through or from the Safe and Sound Website conditioned on your continued compliance with the terms and conditions of this Agreement. You may download and print materials and information from the Safe and Sound Website solely for your personal use, provided that all hard copies contain all copyright notices and other applicable notices contained in such materials and information.
  2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Safe and Sound through the Safe and Sound Website in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Safe and Sound Website.
  3. USER OBLIGATIONS. By downloading, accessing, or using the Safe and Sound Website, you represent that you are at least the legal age of majority. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Safe and Sound Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Safe and Sound Website is solely at your own risk. While Safe and Sound has endeavored to create a secure and reliable Safe and Sound Website, you should understand that the confidentiality of any communication or material transmitted to/from the Safe and Sound Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Safe and Sound is not responsible for the security of any information transmitted to or from the Safe and Sound Website. You agree to assume all responsibility concerning activities related to your use of the Safe and Sound Website.
  4. PRIVACY POLICY. Safe and Sound respects the privacy of visitors to the Safe and Sound Website. Safe and Sound strives to employ practices that ensure that information voluntarily submitted by visitors is used conscientiously and appropriately. The following outlines Safe and Sound’s privacy policy:
    1. Before or at the time of collecting personal information, Safe and Sound will identify the purposes for which information is being collected (for example, if you choose to sign up for the Safe and Sound Newsletter).
    2. We will collect and use personal information solely with the objective of fulfilling those purposes specified by Safe and Sound, unless we otherwise obtain the consent of the individual concerned or is required by law.
    3. We will only retain personal information as necessary for the fulfillment of those purposes.
    4. We will collect personal information by lawful and fair means and with the knowledge or consent of the individual concerned.
    5. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    6. We will make readily available to customers information about our policies and practices relating to the management of personal information.
  5. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the Safe and Sound Website. Accordingly, you expressly acknowledge and agree that Safe and Sound transfers no ownership or intellectual property interest or title in and to the Safe and Sound Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Safe and Sound Website, unless otherwise indicated, are owned, controlled, and licensed by Safe and Sound and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Safe and Sound does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Safe and Sound Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Safe and Sound does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Safe and Sound’s trademarks. This Safe and Sound Website is Copyright © 2013 Safe and Sound: A Sandy Hook Initiative. All rights reserved. Safe and Sound also owns a copyright in the contents of the Safe and Sound Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Safe and Sound Website. Any downloadable or printable information or materials available through the Safe and Sound Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Safe and Sound. Safe and Sound, the Safe and Sound logo, and all other names, logos, and icons identifying Safe and Sound and its programs, products, and services are proprietary trademarks of Safe and Sound, and any use of such marks, including, without limitation, as domain names, without the express written permission of Safe and Sound is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
  6. LINKS TO OTHER SITES. Safe and Sound may provide links, in its sole discretion, to other internet sites for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Safe and Sound and are maintained by third parties over which Safe and Sound exercises no control. Accordingly, Safe and Sound expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
  7. THIRD-PARTY MATERIALS/SERVICES. Safe and Sound, in its sole discretion, may feature materials, programs, products, and services provided by third parties. Safe and Sound makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Safe and Sound Website are solely between you and such third party. Accordingly, Safe and Sound expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Safe and Sound Website, and you agree that Safe and Sound shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Safe and Sound Website.
  8. DISCLAIMER. THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NOTHING ON THIS WEBSITE IS OR PURPORTS TO BE ADVICE. WHILE THE INFORMATION AND RECOMMENDATIONS CONTAINED ON THIS WEBSITE HAVE BEEN COMPILED FROM SOURCES BELIEVED TO BE ACCURATE, RELIABLE AND USEFUL, SAFE AND SOUND MAKES NO GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR THE CORRECTNESS, SUFFICIENCY OR COMPLETENESS OF SUCH INFORMATION OR RECOMMENDATIONS. THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL SECURITY, LEGAL, MEDICAL, MENTAL HEALTH, PUBLIC SAFETY, OR OTHER PROFESSIONAL ADVICE. SPECIFIC CONCERNS SHOULD ALWAYS BE DIRECTED TOWARD QUALIFIED PROFESSIONALS IN THE AFOREMENTIONED AREAS.YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION AND MATERIALS AVAILABLE ON THE SAFE AND SOUND WEBSITE. SAFE AND SOUND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THE SAFE AND SOUND WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. SAFE AND SOUND ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SAFE AND SOUND WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SAFE AND SOUND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO DAMAGES ALLEGED TO HAVE BEEN CAUSED OR INCURRED IN RELIANCE UPON THE INFORMATION CONTAINED ON THIS WEBSITE.SAFE AND SOUND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC SERVICES, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THIS WEBSITE. SAFE AND SOUND MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SAFE AND SOUND WEBSITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THE SAFE AND SOUND WEBSITE AT ANY TIME AND FOR ANY REASON.
  9. LIMITATION OF LIABILITY. You expressly absolve and release Safe and Sound from any claim of harm resulting from a cause beyond Safe and Sound’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, governmental restrictions, criminal acts or terrorism. MOREOVER, IN NO EVENT SHALL SAFE AND SOUND BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SAFE AND SOUND WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SAFE AND SOUND WEBSITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SAFE AND SOUND WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SAFE AND SOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. INDEMNITY. You agree to defend, indemnify, and hold harmless Safe and Sound and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your access and/or use of the Safe and Sound Website and/or any breach by you of this Agreement.
  11. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Connecticut, U.S.A. as applied to agreements entered into and completely performed in the State of Connecticut. You and Safe and Sound each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Connecticut for any disputes between us under or arising out of this Agreement. Any claim you might have against Safe and Sound must be brought within one (1) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Safe and Sound makes no representation that the Safe and Sound Website is appropriate or available for use in other locations outside the State of Connecticut, and access to the Safe and Sound Website from sates, territories, or nations where any aspect of the Safe and Sound Website is illegal is prohibited. You access the Safe and Sound Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Safe and Sound Website. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Safe and Sound if you wish to receive a printed copy of this Agreement.
  12. ENFORCING SECURITY ON THE SITE. Safe and Sound reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Safe and Sound Website, or any portion of the Safe and Sound Website, in order to protect the Safe and Sound Website, Safe and Sound, or Safe and Sound’s business.
  13. TERM AND TERMINATION. This Agreement and your right to use the Safe and Sound Website will take effect at the moment you click “I ACCEPT” or you install, access, or use the Safe and Sound Website and is effective until terminated as set forth below. This Agreement will terminate automatically if you click “I REJECT”. In addition, Safe and Sound reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Safe and Sound Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Safe and Sound Website, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Safe and Sound Website in your possession. In addition to the miscellaneous section below, the provisions concerning Safe and Sound’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
  14. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to Safe and Sound, such injury would not be quantifiable in monetary damages, and Safe and Sound would not have an adequate remedy at law. You therefore agree that Safe and Sound shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Safe and Sound post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Safe and Sound to enforce any provision of this Agreement. The parties agree that this Agreement is for the benefit of the parties hereto as well as Safe and Sound’s licensors. Accordingly, this Agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without Safe and Sound’s prior written consent. Failure by Safe and Sound to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by Safe and Sound of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Safe and Sound as result of this Agreement or your utilization of the Safe and Sound Website. Headings herein are for convenience only. This Agreement represents the entire agreement between you and Safe and Sound with respect to your access and use of the Safe and Sound Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Safe and Sound with respect to the Safe and Sound Website.
×