These Terms of Use (the “Terms”) set forth the terms and conditions governing your access to and use of the www.edchoice.org website and its subdomains (the “Site”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site (collectively, the “Content”).  These Terms also govern your access to and use of EdChoice’s online community forum.  By accessing or using the Site, you agree to be bound by these Terms.  Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms.  These Terms are an agreement between you and EdChoice, Inc. (“EdChoice,” “we,” “us,” “our”).  In these Terms, “you” or “your” refers to any user of the Site. If you breach any of the Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Information downloaded or printed from this Site. We reserve the right to refuse service, terminate accounts, and/or cancel donations at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of EdChoice.

Privacy Policy

We are committed to protecting the privacy of information you submit through the Site.  Please review our Privacy Policy at https://www.edchoice.org/privacy-policy/ for details about how we collect, use, and disclose your information in connection with your use of our Site.  By using our Site, you agree to the terms of our Privacy Policy.

Use of the Site

By using the Site, you represent and warrant that you are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law.  Any user using the Site on behalf of a company or other type of legal entity further represents and warrants that they are authorized to act and enter into contracts on behalf of that entity.

User Information and Password Protection

In connection with your use of the Site, you may be required to complete a registration form.  You represent and warrant that all user information you provide will be current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.

You may also be asked to provide create a user name and password in connection with your use of certain portions of the Site.  You are entirely responsible for maintaining the confidentiality of your password, and You are responsible for all statements made and acts or omissions that occur while your user name is being used.  You may not use the account, user name, or password of any other member at any time.  You agree to notify EdChoice immediately of any unauthorized use of your account, user name, or password.  EdChoice shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by EdChoice, its employees, affiliates, agents, representatives, and licensors due to someone else’s use of your account or password.

Site Submissions

You may input or upload personally identifiable information to our Site, including demographic information, contact information, and other information.  EdChoice is not responsible or liable for your conduct, whether online or offline, with respect to the information you submit through the Site.  You agree that EdChoice may terminate your use of the Site in its sole discretion for any reason.  Further, you agree that EdChoice reserves the right to remove or edit the Content in its sole discretion.

User Content

“User Content” is any content, materials, or information, not including personally identifiable information or “Personal Information” (as defined in our Privacy Policy), that you upload, post, transmit, display, perform, or distribute by means of the Site.  You maintain full ownership of all your User Content posted to EdChoice.  Because you own your User Content, under the law, EdChoice requires a license from you before it can allow the User Content to be posted on the Site.  For these reasons, the following provision is a necessary part of these Terms:

YOU HEREBY GRANT EDCHOICE A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT, AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE SITE, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY.  YOU FURTHER AGREE THAT EDCHOICE MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.  YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY EDCHOICE OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY.  YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.

You hereby represent and warrant that you own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided to EdChoice under this section.  You further represent and warrant that all User Content fully complies with EdChoice’s Community Guidelines.

Site Forums

The Site contains forums that enable you to upload, submit, post, display, perform, distribute and/or view User Content, and/or to communicate, share, or exchange User Content with other Site users or other Site visitors.  You acknowledge that the forums, and features contained therein, are for public and not private communications.  You further acknowledge that anything you upload, submit, post, transmit, communicate, share, or exchange by means of any forum may be viewed on the internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting.  You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any forum and for the consequences of submitting or posting the same.  EDCHOICE DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

Forum Control and User Disputes

EdChoice does not control the forums made available on the Site.  Forum administrators and moderators reserve the right, in their sole discretion, to monitor and review forum posts, delete or modify forum posts, revoke membership to the forum, block access to the forum, modify your account profile, or modify any User Content on the forum.  We are under no obligation to administer or moderate the forum and assume no responsibility or liability arising from any material transmitted using the Site.

You should contact the forum administrator directly with any complaint, grievance, or problem.  EdChoice reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between users.  You agree to hold EdChoice harmless in connection with any dispute or claim You make against any other member.

Social Media Policy

You must be eighteen (18) years of age or older to participate. Except where prohibited by law, voluntarily posting photographs, videos, comments or other material tagged with one of our promoted hashtags constitutes your consent and grant to EdChoice of the irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works in any form or media now or hereafter known for any and all purposes deemed by EdChoice in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposting online (e.g., on our brand websites and social media pages) and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your posts. You understand that such content may be edited in the sole discretion of EdChoice. You represent and warrant that you own all right title and interest in the content and that the content will not contain any third party trademarked or copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant EdChoice all relevant licenses and permissions to use the material as contemplated herein. You agree to: not take any legal action against EdChoice, and to release, discharge, defend, indemnify and hold harmless EdChoice, and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the content as contemplated herein. EdChoice’s page is not sponsored or endorsed by this site or any other third party.

Acceptable Use

• You agree that you shall not use the Site to upload, post, transmit, display, perform, or distribute any content, information, or materials that:
• Are libelous, defamatory, obscene, indecent, abusive or threatening, violent, hateful, inflammatory, offensive, harassing, or otherwise objectionable;
• Promotes sexually explicit or pornographic material, or constitutes child pornography;
• Solicit personally identifiable information from, or exploit in a sexual or violent manner, anyone under the age of 18;
• Promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Promotes any unlawful conduct or glamorizes the use of illegal substances and drugs;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations; or
• Violates any provision of these Terms, including without limitation EdChoice’s Community Guidelines, or is generally offensive or in bad taste, as determine by EdChoice.

Prohibited Uses

You may only use the Site for lawful purposes and in accordance with these Terms.  EdChoice imposes certain restrictions on your use of the Site.  You agree not to use the Site to:

• Violate any applicable international, federal, state, or local law;
• Provide false, misleading, or inaccurate information to EdChoice or any other user;
• Impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity;
• Harvest or otherwise collect information about EdChoice users, including email addresses and phone numbers;
• Access content or data not intended for you or log onto a sever of account that you are not authorized to access;
• Disable, overburden, damage, or impair the Site, or use any robot, spider, or other automatic device, process, or means to access the Site for any purpose;
• Introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site or any server, computer, database, or other resource or element associated with the Site; and
• Otherwise attempt to interfere with the proper working of the Site.

Intellectual Property

The Site is protected by intellectual property rights and laws of the United States and other applicable countries.  You agree to abide by all applicable proprietary rights and laws.  The trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”) displayed on the Site are the property of EdChoice or are duly licensed for use on the Site.

You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Site for commercial or public purposes in a manner that violates these Terms.

Subject to your compliance with these Terms, EdChoice grants you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site for your personal use.  The information on the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EdChoice.  Notwithstanding the foregoing, EdChoice grants you permission to use original EdChoice (F.K.A. the Friedman Foundation for Educational Choice) information and research provided that you properly cite EdChoice as the source of the information or research.  Any unauthorized use of the Site shall automatically terminate the license granted to you by EdChoice for all legitimate uses of the Site.

Apart from personally identifiable information, as described in our Privacy Policy, any and all communications or materials you send to the Site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary.  By submitting materials to us, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material.  We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing and marketing products and services.

No Endorsement and Reliance on Third-Party Content

From time to time, we may include links to websites belonging to third-party organizations, which may include lobby groups, on the Site.  By including links to third-party websites, we do not endorse or make any representations or warranties concerning the third parties, their activities, or the services they provide.

Opinions, advice, statements, or other information made available by means of the Site are those of their respective authors, and should not necessarily be relied on.  Such authors are solely responsible for such content.

If you decide to leave our Site and access the third party sites or to use or install any third party applications, software, or content, you do so at your own risk and you should be aware that our terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from our Site or relating to any applications you use or install from the third party site.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.  INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Indemnification

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF the SITE OR ANY MATERIALS PROVIDED ON THE SITE.  YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.  NEITHER EDCHOICE, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “EDCHOICE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE AND SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE AND SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF WE OR AN EDCHOICE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH EDCHOICE IS TO STOP USING THE SITE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EDCHOICE AND EDCHOICE ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN EDCHOICE AND YOU.

Right of Modification and Termination

We may, at any time, revise these Terms by updating this posting.  You are bound by such revisions and should therefore periodically visit this page to review the current Terms.  Further, EdChoice reserves the right, without notice and for any reason, to remove any content on the Site and to deny access of any user to all or any part of the Site.  You may terminate your agreement to these Terms by ceasing to use our Site.

We reserve the right, without notice and for any reason, to remove any Content on the Site, correct any errors, inaccuracies, or omissions in any Content on the Site, change or update any Content on the Site, and to deny access of any user(s) to all or any part of the Site.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Applicable Law

These Terms and the relationship between you and EdChoice will be governed by and construed under the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction.  You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that EdChoice may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.

Confidentiality

You hereby acknowledge and agree that any and all User Content may be accessed through the Internet, and hereby acknowledge and agree that there can be no assurance that the User Content, or any information provided to you through the Site, or any communication through e-mail will remain secure.  In addition, we may disclose, license or otherwise commercially exploit User Content to our service providers, as well as any governmental entity, or other third party (a) for any purpose related to the conduct of our business or to offer, provide or maintain the information or Site, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other business purpose.

General Information

Any failure by EdChoice to enforce any of its rights under these Terms or applicable laws shall not constitute a waiver of such right.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you, EdChoice, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms provisions shall retain their full force and effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and EdChoice as a result of this agreement or use of the Site.  EdChoice’s performance of the agreement under these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EdChoice’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EdChoice with respect to such use.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

These Terms constitutes the entire agreement between you and EdChoice with respect to the Site, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EdChoice with respect to the Site.  Any rights not expressly granted herein are reserved.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPELTE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Questions and Feedback

If you have any questions about these Terms, the Site, or your dealings with EdChoice, please contact us at:

EdChoice
111 Monument Circle, Suite 2650
Indianapolis, IN 46204

Media@edchoice.org

We welcome your questions and feedback.

Last revised: February 12, 2021