Terms & Conditions of Use

SDS – WEBSITE TERMS OF USE

Last updated November 5, 2015

This website, located at www.schooldistrictstrategies.com (the “Website”), is owned and operated by Residential Strategies, Inc. (“we,” “us” or “our,” as applicable). This Website Terms of Use (these “Terms”) incorporate our Privacy Policy available at www.schooldistrictstrategies.com/privacy-policy (the “Privacy Policy”), and is a legally binding agreement between us and you as a user of the Website. If you do not agree with these Terms, you must immediately cease use of the Website. We may change these Terms at any time without prior notice by posting a new version at www.schooldistrictstrategies.com/terms-conditions-of-use. By continuing to use the Website, you are expressly accepting the then-current version of these Terms.

ACCOUNT REGISTRATION

If you create an account, you will provide any required information completely and accurately. You will maintain the confidentiality of any passwords for your account, and you will be solely and fully responsible for all activities undertaken through your account. In no event will we be responsible or liable for any issues that may arise because of inaccurate or incomplete information you submit. We reserve the right to terminate your account or your access to the Website at any time, without notice, at our sole discretion.

PAYMENT FOR PRODUCTS AND SERVICES

We may offer you the option to purchase certain Products or Services (defined below) on the Website, which will be subject to any additional terms, conditions and policies we may provide to you. Any quoted prices do not include sales taxes, if any. You are responsible for any state and local sales or use taxes that may apply to your order.

LIMITED LICENSE

Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Website and the Content, as defined below, only for informational purposes.

INTELLECTUAL PROPERTY

All information, data, specifications, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in the Website (individually and collectively, “Content”), in addition to any products, features or services offered on or in connection with the Website (“Products or Services”) are owned or controlled by, or licensed to us. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”), and nothing in these Terms grants any license or right to use the Content except as expressly allowed herein. We and/or the respective third party owners of Content, as applicable, retain all right, title, and interest in the Website and any Content offered on the Website, including any and all IP Rights in any of the foregoing.

CONFIDENTIALITY

Through your use of the Website, we may provide you with certain non-public, proprietary information (“Confidential Information”). For example, Confidential Information includes any research, reports, or other financial, technical, or business information we disclose to you in any form or manner; it also includes your account information (username and password). Confidential Information does not include any information that is or becomes publicly known through no act by you. You will keep Confidential Information in strict confidence and not disclose it or otherwise make it available to any third party. You agree and acknowledge that any actual or threatened breach of confidentiality may cause irreparable harm for which monetary damages would be an inadequate remedy and that RSI will be entitled to seek injunctive or other equitable relief to prevent or remedy such a breach.

RESTRICTIONS

You represent and warrant that you will not: (i) remove any trademark or copyright notices contained in any Content; (ii) reproduce, resell, download (other than page caching), modify, display, publish, distribute, transmit, disseminate, transfer, license, sell, lease, or create derivative works based upon any Content; (iii) frame or mirror any Content on another website or server; (iv) disassemble, decompile or reverse engineer any of the Content; (v) use any data mining, robots, or similar data gathering and extraction tools or otherwise attempt to hack, defeat, or overcome any encryption technology or security measures; (vi) interfere with or disrupt the operation of the Website or the servers or networks connected to the Website; (vii) provide any materially false or misleading information via the Website; (viii) use the Website or the Content for any activity competitive to our business; or (ix) violate any applicable law, including without limitation export control laws.

THIRD PARTY CONTENT

We have no editorial control or responsibility over any goods, products, services, content, information, data, materials or views provided by third parties, including other users. Therefore, any opinions, statements, goods, products, services or other information expressed or made available by third parties or other users on the Website are those of such third parties or other users, respectively. We do not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party.

THIRD-PARTY LINKS

The Website may contain links to third-party websites not under our control or operation (each, a “Third Party Site”). We provide links only as a convenience, and we do not endorse nor are we responsible for the contents of any linked website or any website linked to or from a linked website. In no event do we accept any liability for any information, products, advertisements, content, services or software accessible through any Third Party Sites or for any action or inaction you take or fail to take as a result of linking to any such website. We are under no obligation to maintain any link on the Website and may remove a link at any time in our sole discretion for any reason whatsoever. In no event will we be responsible or liable for, directly or indirectly, and you hereby fully release us, our affiliates, and each of their respective directors, officers, employees, representatives, agents, successors and assigns from, any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any content, products, services or other materials available on or through any Third Party Site. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are not responsible for the privacy practices of any other websites.

DISCLAIMER

THE WEBSITE AND ANY PRODUCTS OR SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, THE PRODUCTS AND SERVICES AND OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE WEBSITE OR THE CONTENT OPERATE ERROR-FREE, NOR DO WE MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, AVAILABILITY, RELIABILITY, OR CURRENTNESS OF THE WEBSITE OR ANY CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF ANY SUCH CONTENT. WE DO NOT GUARANTEE ANY PARTICULAR OR LIKELY RESULTS FROM YOUR USE OF THE WEBSITE, CONTENT, OR PRODUCTS AND SERVICES. WE MAY MODIFY THE WEBSITE OR THE CONTENT AT ANY TIME WITHOUT NOTICE.

INDEMNIFICATION

You will defend, indemnify and hold us, its affiliates, and each of their respective shareholders, officers, directors, agents, employees and representative and licensors (each, an “Indemnitee”) harmless from and against any losses, damages, liabilities, judgments, awards, penalties, interest, fines, costs, fees or expenses of whatever kind (including reasonable attorneys’ and professional fees), incurred by any Indemnitee arising out of or resulting from any claim, demand, suit, action, allegation, or any other proceeding arising from or relating to: (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your access to or use of any Third Party Site; and (iv) any dealings between you and any third parties (including other users) relating to the Website. This indemnification obligation will survive the termination of your account and these Terms.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS OR LICENSORS (A) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), OR (B) BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE IN ANY AMOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TERMINATION

We may terminate your account, license, or your access to the Website at any time, without notice, at our sole discretion. We may also at our sole discretion modify or discontinue providing the Website or any part of the Website without notice. We may use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website. We will not be liable to you or to any third party for any termination of your access to or use of the Website or for any modification to or termination of the Website.

MISCELLANEOUS

These Terms are governed by the laws of the State of Texas without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms will be brought exclusively in the federal or state courts of Dallas County, Texas and the parties hereby consent to the personal jurisdiction and venue of such courts. These Terms, the Privacy Policy, any applicable EULA or signed letter agreement, and other policies we may post on the Website, constitute the entire agreement between us and you in connection with the subject matter hereof, and supersede any prior and contemporaneous oral, written or electronic agreements between us and you regarding the subject matter hereof, including but not limited to prior versions of these Terms. If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that portion, and the remaining portions of these Terms will be given full effect. Our failure to act in a particular circumstance, including any failure by us to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. We will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of our reasonable control. We may assign our rights and obligations under these Terms to an entity that acquires all or substantially all of either of our assets or to any subsidiary or successor in a merger or acquisition involving us, including by operation of law.

CONTACTING US

If you have any questions regarding these Terms, you may contact us by sending an email to info@schooldistrictstrategies.com.