Terms of Use

SGS “TERMS OF USE” FOR APP AND WEBSITE

INTRODUCTION:

Welcome to the SGS App and Internet website https://www.smartgirlsociety.org (collectively, this “Site”), which have been developed and are controlled and maintained by Smart Girl Society (“SGS”).

ACCEPTANCE OF TERMS OF USE:

PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be legally bound by this Terms of Use.   If you do not agree to these Terms of Use, DO NOT USE THIS SITE. 

CHANGES AND AMENDMENTS:

We reserve the right to amend, change, or expand this Terms of Use at any time by posting the amended terms on our Site.  Any changes to these Terms of Use may be made without notice and will be effective immediately upon posting on the Site, so please be sure to review them on a regular basis.

RESTRICTIONS AND RIGHTS OF CONTENT ON THE SITE :

The information and content provided through the Site, including any data, text, photographs, graphics, images, music, audio and video clips, logos, icons, software and links (collectively, the “Content”) are intended to educate and inform you.  The Content is protected by U.S. copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Content may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by SGS.  Any modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We may change the Site or delete Content at any time, in any way, for any purpose. You acknowledge that you do not acquire any ownership rights by using the Site or the Content.

SGS makes every effort to provide Content that is both useful and accurate. However, laws, regulations, data and other information change frequently and are subject to varying interpretations. The Content should not be construed as professional advice on any subject matter, and availability or use of the Content is not intended to create, and does not create, any professional services relationship.

Please note that portions of the Content have been contributed to the Site by various individuals. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. Information provided by individuals, whether publicly posted or privately transmitted, is the sole responsibility of the person providing such information. SGS expressly disclaims any liability with respect to such materials.

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of SGS. The Trademarks owned by SGS, whether registered or unregistered, may not be used in connection with any product or service that is not SGS’s, in any manner that is likely to cause confusion with SGS, or in any manner that disparages SGS. Nothing contained on the Site should be construed as granting, implicitly or explicitly, any license or right to use any Trademark without the express written permission of SGS.  

Permission should be requested by contacting Rebecca Cartwright at becca@smartgirlsociety.org.  Attribution for Content should be given as: “Reprinted with permission from Smart Girl Society.”  Attribution for newsletter content should be given as: “This article reprinted from __________________, publication of Smart Girl Society.”

SGS will aggressively enforce and litigate any misuse of its intellectual property via civil and criminal proceedings.

USE OF CONTENT:

SGS authorizes you to view, access, and make use of the Content on this Site solely for your personal, noncommercial use.  You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site. 

The Content may not be linked, framed, mirrored, or retransmitted without the SGS’s prior written approval and consent. You may not download (other than page caching) or modify the Site or any portion of the Site. The Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited in whole, or part, for any commercial purpose. You may not use any metatags or any other “hidden text” utilizing SGS’s name or Trademarks without the express written consent of SGS.  Unauthorized use automatically terminates any permission or license granted by SGS.  You may not use any SGS logo or Trademark as part of the link without express written permission. Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of our Site, without prior written authorization from SGS.

LINKS TO OTHER SITES:

This Site may provide links to other websites and resources where we feel it is appropriate, however SGS has no control over such sites and resources, and you acknowledge and agree that SGS does not endorse and is not responsible for, nor liable for any content available from such sites or resources. You further acknowledge and agree that SGS shall not be expressly or impliedly liable for any damage or loss whatsoever, caused, or alleged to be caused by, or in connection with use of or reliance on any such content, goods or services available on or through this Site. You should take precautions before proceeding with any online or offline transaction with any third parties.  If you do link to another site, you do so at your own risk.  

OUR PROPRIETARY RIGHTS:

Our trademarks and service marks include, without limitation, Smart Girl Society, SGS and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

DISCLAIMER OF WARRANTY:

THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND AS A SERVICE TO MEMBERS OF THE PUBLIC WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. 

NEITHER SGS NOR ANY OF ITS AGENTS MAKES ANY WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR TIMELINESS OF THE SITE OR ANY OF THE CONTENT.  

SGS DOES NOT WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOUR USE OF THE SITE AND THE CONTENTS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. SGS DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY OCCUR FROM THE USE OF THIS SITE.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES WILL SGS NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, CONSULTANTS OR ANY OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON THE INFORMATION OR CONTENT ON THE SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION AND CONTENT AVAILABLE ON THE SITE.

NEITHER SGS NOR ANY OF ITS MEMBER ORGANIZATIONS, LICENSORS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT SERIVCES, OR THIS TERMS OF USE WHETHER BASED ON WARRANTY ,TORT, CONTRACT OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF SGS AND ITS AGENTS, OFFICERS, EMPLOYEES, LICENSORS, SPONSORS ADVERTISERS, CONSULTANTS AND ANY OTHER REPRESENTATIVE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT OR LINKED SITE, AS APPLICABLE.

TERMINATION:

SGS maintains the discretion and right to terminate or restrict your access to all or any part of the Site, at any time, for any reason, without prior notice or liability.  SGS also reserves the right to change or terminate any Content or part of this Site without prior notice or liability.

INDEMNIFICATION:

You agree to indemnify, defend and hold SGS, our affiliates, licensors, member organizations, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) your use of and activities in connection with the Site and/or (c) your account(s). You shall cooperate with us in the defense of any claim. SGS reserveS the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

ACCESS BY MINORS:

Please see our Privacy Policy for more information on this subject. 

COMPLIANCE WITH APPLICABLE LAW:

This Site is based in Omaha, Nebraska and falls within the jurisdiction of the United States.   Any access from outside the United States requires your compliance with the laws of that accessing jurisdiction.  

MISCELLANEOUS:

If any section of this Terms of Use is held to be invalid or unenforceable, the invalid and/or unenforceable section shall be interpreted in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the Terms of Use shall remain in full force and effect. The paragraph headings are provided for reference and shall have no effect on the construction or interpretation of the Terms of Use.  Any failure by SGS to enforce strict performance of a provision of the Terms of Use will NOT constitute a waiver of its right to subsequently enforce any other provision of the Terms of Use.  Neither the course of conduct between parties nor trade practice shall act to modify any other provision of the Terms of Use.  

The Terms of Use shall be governed by the laws of the State of Nebraska.  Any action relating to the Content, Site or Terms of Use shall be brought in the federal and state courts of Nebraska and must be commenced within one (1) year after the claim or cause of action arose, or be barred.