Terms of use

Effective September 1, 2024

Thanks for visiting Protecting Our Students, Inc. (“POS”) and welcome POS’s website Terms of Use (“Terms”). These Terms are important and affect your legal rights, so please read them and our Privacy Policies carefully. The Terms discuss limitations of liability, warranty disclaimers, future changes to the Terms, and other legal matters.  Protecting Our Students’ (“POS”) website (“Site”) contains information about the lifesaving programs and services POS provides to K-12 schools throughout the United States. By browsing or using the Site, you agree to comply with and be bound by the Terms, which, together with our Privacy Policies, govern POS’s relationship with you regarding your use of this Site. To use the Site, you must be (i) 18 or older, or 13 or older, and your parent or legal guardian must consent to the Terms on your behalf; (ii) have the power to enter a binding contract with POS; and (iii) not be prohibited from doing so under any applicable laws.  POS reserves the right to change or modify the Terms at any time without notice and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review these Terms. If you do not agree to these Terms at any time, you must stop using the Site. If you have any questions about these Terms, please contact Us (make this clickable). Please refer to our Privacy Policies (make this clickable) for information on how POS collects, protects, stores, uses, and discloses information it collects from the Site users, donors, and members. You represent and agree that all information you provide to POS will be true, accurate, current, and complete and that you will update such information as necessary to maintain such information as true, accurate, current, and complete.  POS will not be liable for any loss or damage arising from your failure to comply with these requirements. You acknowledge and agree that POS will use any personal information that you provide to POS by our Privacy Policies. Copyright and Limited License Except as otherwise marked, the Site and all content and other materials on the Site, including, without limitation, all trademarks, service marks, texts, graphics, pictures, video, information, software, other files, and the selection and arrangement thereof (collectively, the “Site Materials”), are the proprietary property of POS or POS’s licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site only by these Terms and the other rules and restrictions contained in the Site. You may only use the Site Materials for your personal, non-commercial use. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Site or the Site Materials; (b) the distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site, (c) making any derivative works or uses of the Site or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (f) copying or otherwise using any trademark or service mark on the Site, in whole or in part, without the prior written permission of POS or the applicable trademark holder; or (g) any use of the Site or the Site Materials other than for its intended purpose. The permissions granted herein are revocable at any time, with or without cause.  Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise used in any form or by any means without the prior written permission of POS or the copyright owner. Any permission(s) given to you terminates automatically if you breach any of the Terms or for any other reason determined by POS. Upon termination, you must immediately destroy any downloaded or printed Site Materials. You may not, absent POS’s express permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Site Material may violate applicable law. Any Site user may become a donor (“Donor”) by pledging a donation to POS through the donation tools on this Site or by registering to hold a fundraising event or campaign through the registration forms on this Site. You acknowledge and agree that you are under no obligation to become a Donor or pledge a donation and will be solely responsible for any decision to become a Donor.  You understand that your contribution is being made to POS and that POS has exclusive legal control over all donations. If you make a donation pledge, you may be required to provide credit card or other payment information at the time of the pledge. You represent and agree that all payment information you provide to POS or POS’s third-party service providers will be true, accurate, current, and complete. You will update such information as necessary to maintain such information as true, accurate, current, and complete. Suppose your payment cannot be processed due to inaccurate information, insufficient funds, or other reasons. In that case, you agree to immediately provide POS with alternative payment information to fulfill your donation pledge. You agree that all donations are final and will not be returned, in whole or in part. Any comments, information, feedback, pictures, video, or other materials submitted to POS or the Site (via any medium including e-mail and regular mail) (collectively “Submitted Materials”) shall be deemed non-confidential, except as outlined in our Privacy Policies. By providing Submitted Materials to POS or the Site, you warrant that you have all necessary rights to grant, for you and any other person that may have a right to the Submitted Materials, and at this moment automatically grant to POS a royalty-free, worldwide, perpetual, irrevocable, nonexclusive and fully sublicensable right (including any moral rights) and license to use, store, license, reproduce, modify, creative derivative work from, publish, publicly display, publicly perform, and distribute such Submitted Materials (in whole or in part) and to incorporate all or part of the Submitted Materials in other works, including for marketing and fundraising purposes, in any form, media, or technology. If you submit feedback or suggestions about the Site or POS programs or services, POS may use your feedback or suggestions without obligation to you. You accept all risks of providing Submitted Materials to POS or the Site. You shall be solely responsible for your Submitted Materials and the consequences of submitting, posting, or publishing them. Without limiting the preceding, POS shall be free to use the Submitted Materials in any way without acknowledgment or compensation to you.  You agree that you will not submit or transmit any of the following to the Site: • Anything that interferes with or disrupts the Site or its operation; • Anything that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, or encourages conduct that would be considered unlawful; • Anything that dilutes or negatively impacts the trademarks, service marks, or intellectual property rights of POS, including the associated goodwill. • Anything that portrays POS in a false, misleading, derogatory or otherwise defamatory manner. • Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others; • Any misrepresentations, including anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresents your affiliation with any entity;

• Anything that contains malicious code, “trojan horses,” viruses, malware, corrupted files, or any other similar software or programs that may hinder or damage the operation of another’s computer, network, or the Site; or

• Anything else that POS determines is contradictory to its charitable mission or is otherwise objectionable in POS’s sole discretion.  POS respects copyright and other intellectual property rights and expects all Site users to do the same. If you are a copyright holder or its agent and believe any copyrighted material on the Site infringes your copyrighted work, please get in touch with us. When providing this notice, please include as much detail as possible. POS will work to identify the allegedly infringing material and, if necessary, will take reasonable steps to remove or disable access to such material. Please note that POS may provide the rights owner’s name, your email address, and the details of your report to the person who posted the reported material.  Links to and from the Site may contain links to third-party websites. Any such links are provided solely for your convenience. Neither the inclusion of any such links nor the reference to any products, services, or other information by trade name, trademark, manufacturer, supplier, or otherwise constitutes or implies endorsement, sponsorship, or recommendation by POS.

Without limiting the generality of the preceding, you agree that any such third-party websites are not under the control of POS, that POS is not responsible for the content, products, or services provided via any such third-party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites. Your business dealings or correspondence with, or participation in promotions of, third parties other than POS, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. POS is not responsible or liable for any loss or damage incurred due to any such dealings or the presence of such third parties on the Site. If you would like to link another website to this Site, such link may not suggest or imply POS’s endorsement or approval of any product, position, entity, or individual; portray POS in a false, misleading, derogatory, or otherwise defamatory manner; or appear on a site containing any adult or illegal material or any offensive material, harassing or otherwise objectionable. You now agree to remove such links at any time at POS’s sole discretion. You may not use the POS logo or other proprietary graphic or text of POS to link to the Site without the express prior written permission of POS.

Further, you may not frame the Site without POS’s express prior written consent. You acknowledge and agree that, to the fullest extent permitted by applicable law, this site, all site materials, and all services and information provided via this site are provided on an “as is” basis without any representations or warranties whatsoever. Without limiting the generality of the preceding, you acknowledge and agree that POS does not represent or warrant that this site, any site materials, or services will meet your requirements or that the use of this site, any site materials, or services will be uninterrupted or error-free.

To the fullest extent permitted by applicable law, POS now disclaims all warranties not expressly outlined in these terms, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Limitation of Liability To the fullest extent permitted by applicable law, in no event will POS or its affiliates, officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, special, incidental, punitive, or consequential damages arising out of your use of or inability to use this site or any site materials, your uploading or downloading of any content to or from this site, or any donation that you make via this site, regardless of how such damages are incurred or designated, or for any loss of profits, even if POS was informed of the possibility of such damages or loss. Notwithstanding any of these Terms, POS reserves the right, without notice and in its sole discretion, to discontinue the Site or any associated service and to terminate your license to use and block your access to the Site at any time without notice. You, at this moment, release POS from any claims, damages, liabilities, and causes of action arising from the modification or discontinuation of any or all features of this Site and the suspension or termination of your access to this Site or any associated services.

Suppose any provision of these Terms is deemed unlawful, void, or unenforceable. In that case, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms and your use of the Site are governed and construed by the laws of the State of Nevada, applicable to agreements made and to be entirely performed in the State of Nevada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be filed only in the state and federal courts in the State of Nevada. You, at this moment, irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms. POS controls and operates this Site from the United States. POS makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. If you choose to access this Site from other locations, you do so on your initiative and at your own risk and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement and supersede any other understandings and agreements between you and POS concerning the subject matter. No representation, statement, or promise not contained herein shall be binding on you or POS.  Although POS may update or modify these Terms from time to time as set forth, POS will not be bound by any other amendments or modifications to these Terms unless expressly accepted in writing by POS in a written amendment expressly referencing these Terms. These Terms may not be supplemented or modified by any dealing or trade usage course. Questions & Contact Information Thanks for visiting the Site! If you have any questions or comments regarding the Site, please contact us.