Terms & Conditions
Terms of Service Agreement
School Bidz Site
Effective Date: Sept 22, 2021
**Important** Please read these terms of service carefully before continuing. By entering your password or otherwise accepting these terms of service, you agree to follow and be bound by the terms and conditions of these Terms of Service. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you are authorized to do so and have the authority to bind such entity to the terms and conditions of these terms of service. If you do not have such authorization or authority, or if you do not agree to all the terms and conditions in these terms of service, you must not enter your password and may not use Burton Equity controlled and School Bidz Sites.
1. Acceptance of Terms. Welcome to SCHOOL BIDZ! By using SCHOOL BIDZ Services, you agree to be bound by these “Terms of Service.”
2. Definitions. In these Terms of Service, the following terms shall have the meanings set forth below: (a) “Confidential Information” means any business contact, potential business affiliation, information, technical data, or know- how, including by example and not limitation but not limited to, that which is related to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing or finances provided by one party. Confidential Information does not include the fact that Burton Equity Group and you have entered into a business relationship or information, technical data or know-how which (i) is in possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure; (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving party; (iii) is approved for release in writing by the disclosing party; (iv) information that qualifies as a Trade Secret.
(b) “Cure Period” means the period of time given to a party to cure any breach of a material term of the Terms of Service. The Cure Period is thirty (30) days following receipt of the written notice specifying the breach. If such breach is not reasonably curable within such thirty (30) day period, the non- breaching party shall not unreasonably withhold approval of a longer Cure Period provided the breaching party promptly commences to cure such breach and continues to diligently pursue a cure of such breach. The breaching party will provide written notice to the non-breaching party once the breaching party believes it has substantially cured the breach that were described in the breach notice to the breaching party. Within fourteen (14) days of receipt of the notice of cure, the non-breaching party shall provide written certification.
(i) such breaches have been remedied or (ii) such breaches are not remedied and describe in reasonable detail the breaches that remain and whether or not the Cure Period shall be extended ©Burton Equity Group, Inc. 2 or the Terms of Service shall be terminated. The Cure Period ends upon the earlier of: (1) such thirty (30) days or such longer cure period as the non-breaching may approve as provided above; and (2) by written certification of cure or termination.
(c) “You” means the entity who agrees to the Terms of Service as the party that will be granted a license herein.
(d) “Related Parties” means the members, agents, employees, and/or assigns of Burton Equity Group.
(e) “SCHOOL BIDZ Services” means all the content and services offered in conjunction with SCHOOL BIDZ Team and Campaign Application Sites.
(f) “Terms of Service” means these terms and conditions that control your use of SCHOOL BIDZ Services.
(g) “SCHOOL BIDZ” means the web domain name www.schoolbidz.com and the related cloud-based applications called www.schoolbidz.com.
(h) “Burton Equity Group” means Burton Equity Group, LLC., the owner of SCHOOL BIDZ and the provider of SCHOOL BIDZ Services.
(i) “Trade Secret” means any and all documents or information relating to Burton Equity Group or you that meet the definition of a Trade Secret under Illinois Trade Secrets Act (P.A. 85-366, effective Jan. 1, 1988). Examples of Trade Secrets may include, but are not limited to: software architecture, formulas, patterns, compilations, programs, devices, methods, techniques or processes, product costs and mark-up information, and service costs.
3. Description of Services. Burton Equity Group provides information services in the nature of resources and tools related to change leadership and performance improvement. Any new features added to SCHOOL BIDZ Services will also be subject to these Terms of Service, as they may be occasionally modified. Please review these Terms of Service from time to time so that you will be aware of any changes.
Although Burton Equity Group will attempt to notify our users of significant changes to SCHOOL BIDZ Services or Terms of Service, Burton Equity Group may modify SCHOOL BIDZ Services for any reason, and without notice. Burton Equity Group will notify you of any changes in the Terms of Service via email to the email you provided to Burton Equity Group. Burton Equity Group may also terminate SCHOOL BIDZ Services with or without notice, and without liability to you, any other user, or any third party.
Burton Equity Group grants to you, and you hereby accept, a personal non- exclusive, object code license to use SCHOOL BIDZ in the United States, according to the terms of these Terms of Service (“Grant of License”). Any license granted under these Terms of Service is conditioned on you remaining in compliance with all terms of these Terms of Service including your full and continued payment of all fees and costs under these Terms of Service.
4. Your Obligations. You are responsible for obtaining access to SCHOOL BIDZ and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access SCHOOL BIDZ). You will also pay license fees to Burton Equity Group that equal the amounts stated in the agreement to purchase SCHOOL BIDZ signed by you and Burton Equity Group. If you choose to multiple instances of use, you must obtain multiple subscriptions for additional fees.
It is your responsibility to notify Burton Equity Group in writing if you dispute any billing entry or computation. All entries will be deemed to be fair and correct by both Burton Equity Group and you if no written notice of dispute is received by Burton Equity Group within one (1) year of the date of the invoice. You shall be responsible for all sales, use, value added, or other similar taxes.
As a user of SCHOOL BIDZ Services, you agree to not use either the SCHOOL BIDZ Team or School Bidz Site to:
A. Post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, an official of Burton Equity Group, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. Disguise the origin of any material posted on or transmitted by Burton Equity Group;
E. Post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
F. Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
G. Post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. 'Stalk' or otherwise harass another; or
I. Collect or store personal data about other users.
The rights granted you under these Terms of Service are limited to the express terms hereof. Specifically, no right is granted to you to sell, reproduce, publish, license, distribute, disseminate, sublicense, rent, and/or lease any portion of SCHOOL BIDZ or SCHOOL BIDZ Services. Further, under no circumstances does Burton Equity Group grant to you any right to reverse engineer, decompile, disassemble, modify, translate, or make any attempts to discover the source code of SCHOOL BIDZ. The rights granted to you herein are restricted for use solely by you.
Term of Services. The term of the Grant of License under Section 3 shall become effective upon your execution of these Terms of Service and full payment of the fees under Section 4 and shall continue for a period of one (1) year thereafter (“Term”). The Grant of License remains conditional and is contingent on timely payment of all obligations by you to Burton Equity Group. The parties may seek to renew these Terms of Service for additional one or more one (1) year Terms. In order to renew, the party desiring renewal must inform the other in writing of its desire to renew at least three (3) months prior to expiration, and the other party must confirm such renewal in writing at least one (1) month prior to expiration. Expiration without renewal is termination.
You may terminate these Terms of Service upon written notice by you delivered to Burton Equity Group if Burton Equity Group breaches any material term of these Terms of Service and fails to substantially correct the breach within the Cure Period. Burton Equity Group shall refund any fees (if any) already by you that relate to the part of the Term following the termination.
Burton Equity Group may terminate these Terms of Service upon written notice to you if you breach a material term of these Terms of Service (including the payment obligations under Section 4) and fails to cure the breach within thirty (30) days following written notice specifying the breach. Burton Equity Group may also, in its sole discretion and at any time, discontinue providing SCHOOL BIDZ Services, or any part thereof, with or without notice.
Upon termination of these Terms of Service for any reason or upon the expiration of the then current Term, all rights granted to you under these Terms of Service cease including the Grant of License under Section 3, including any perceived right you believe may remain to access SCHOOL BIDZ Services after termination. Upon termination Burton Equity Group may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or SCHOOL BIDZ Services. Further, you agree that Burton Equity Group shall not be liable to you or any third-party for any termination of your access to SCHOOL BIDZ Services. Notwithstanding anything else herein, SCHOOL BIDZ may retain your data stored by SCHOOL BIDZ following termination for up to twenty-four (24) months at Burton Equity Group’s discretion. Such data may be provided in .pdf formatting to you upon your written request. After that twenty-four (24) month period, the data will be destroyed without further notice to you.
6. Privacy Policy. Burton Equity Group’s Privacy Policy governs the collection, use, and disclosure of all Personal Data (personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you). For more information, see the full privacy policy posted at www.schoolbidz.com/privacy.
7. Member Account, Password, and Security. If you create an account on SCHOOL BIDZ, you will receive a link to create a password. Your account designation is your email address and is good for one instance of use for SCHOOL BIDZ Services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. If you would like multiple instances of use, you must obtain multiple subscriptions. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Burton Equity Group of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Burton Equity Group has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Burton Equity Group has the right to suspend or terminate your account and refuse your use of SCHOOL BIDZ Services. Any Personal Data in your Registration Data will be collected, used, and disclosed as provided in the Privacy Policy.
8. Use of SCHOOL BIDZ Services in Other States and Countries. You agree to comply with all local rules regarding online conduct and content.
9. Use of SCHOOL BIDZ Services by Children under 13. SCHOOL BIDZ is not directed to or intended for users under 13 years of age.
10. Burton Equity Group Intellectual Property. As between you and Burton Equity Group, Burton Equity Group is the owner of all content on SCHOOL BIDZ Services —graphics, text and other elements— and all other material posted, transmitted or otherwise made available through SCHOOL BIDZ Services, including all copyrights and other intellectual property rights embodied therein.
Except in connection with your own use of SCHOOL BIDZ Services, Burton Equity Group content and other materials may not be reproduced, distributed, displayed, reprinted, or retransmitted in whole or in part without the express written consent of Burton Equity Group. “Burton Equity Group™”, “SCHOOL BIDZ™” and other marks used on SCHOOL BIDZ are trademarks of Burton Equity Group and may not be used without the express written permission of Burton Equity Group.
11. Use and Storage of User Material. Burton Equity Group may establish general practices and limits concerning use of SCHOOL BIDZ Services, including limits on: the time that user-posted material will be available through SCHOOL BIDZ Services; the time that user-posted material will be stored by Burton Equity Group; the maximum size of any single posted event; the maximum disk space that will be allotted on Burton Equity Group servers on your behalf; the maximum number of times you may access SCHOOL BIDZ Services in a given period of time; and the maximum duration of each access. You acknowledge that Burton Equity Group reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Burton Equity Group reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Burton Equity Group shall not own any right, title, or interest to the data as inputted into SCHOOL BIDZ Services (“Inputted Data”). As between Burton Equity Group and you, you shall own all such Inputted Data. However, Burton Equity Group may collect information and data regarding how SCHOOL BIDZ Services and SCHOOL BIDZ are used, processes information, and otherwise performs. Burton Equity Group has the right to access and monitor the use of the Inputted Data and other actions and data within SCHOOL BIDZ Services and the use of SCHOOL BIDZ Services by you. All information collected by Burton Equity Group will be used by Burton Equity Group either to better SCHOOL BIDZ Services or to help provide SCHOOL BIDZ Services to you. Burton Equity Group will not share with third parties other than in the aggregate without any identifying information.
Any information or data produced by Burton Equity Group regarding the performance of SCHOOL BIDZ Services or analysis and compilations of aggregate data collected by Burton Equity Group is considered proprietary and Confidential Information owned by Burton Equity Group.
12. Third Party Intellectual Property. Burton Equity Group respects the intellectual property rights of others. Burton Equity Group will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
13. Indemnity. You agree to indemnify and hold harmless Burton Equity Group, and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through SCHOOL BIDZ Services, your use of SCHOOL BIDZ Services, your connection to SCHOOL BIDZ Services, your violation of these Terms of Service, or your violation of any rights of another person or entity.
14. Use of Services. You agree to use SCHOOL BIDZ Services for your use only. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of SCHOOL BIDZ Services, access to SCHOOL BIDZ, or any material available through SCHOOL BIDZ Services. If you want to make commercial use of SCHOOL BIDZ, you must enter into an express written agreement with Burton Equity Group to do so. Please contact us at rtucci@leapacademy.net for more information.
14 .DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF SCHOOL BIDZ SERVICES IS AT YOUR SOLE RISK. SCHOOL BIDZ SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BURTON EQUITY GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
BURTON EQUITY GROUP MAKES NO WARRANTY THAT (I) SCHOOL BIDZ SERVICES WILL MEET YOUR REQUIREMENTS, (II) SCHOOL BIDZ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SCHOOL BIDZ SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SCHOOL BIDZ SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SCHOOL BIDZ SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BURTON EQUITY GROUP OR THROUGH OR FROM SCHOOL BIDZ SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU UNDERSTAND AND AGREE THAT SCHOOL BIDZ SERVICES ARE PROVIDED “AS IS” AND THAT BURTON EQUITY GROUP ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TIMELINESS, DELETION OR MIS- DELIVERY OF ANY USER COMMUNICATION, INFORMATION, OR CONFIGURATION.
You understand that you, and not Burton Equity Group, are entirely responsible for all material that you post, transmit or otherwise make available through SCHOOL BIDZ Services. Burton Equity Group does not review or control the material that others post, transmit or otherwise make available through SCHOOL BIDZ Services, and accordingly Burton Equity Group does not guarantee the accuracy, integrity, or quality of such material. You acknowledge that although Burton Equity Group does not review material posted on, transmitted, or otherwise made available through SCHOOL BIDZ Services by others, Burton Equity Group and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through SCHOOL BIDZ Services.
15. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURTON EQUITY GROUP SHALL NOT BE LIABLE FOR ANY : (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL FEE(S) PAID BY YOU FOR THE THEN CURRENT TERM UNDER SECTION 5 OR, (II), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BURTON EQUITY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE SCHOOL BIDZ SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SCHOOL BIDZ SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SCHOOL BIDZ SERVICES; OR (V) ANY OTHER MATTER RELATING TO SCHOOL BIDZ SERVICES.
16. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. Non-Disclosure Confidential Information. Burton Equity Group and you agree not to use the Confidential Information disclosed to it by the other party for its own use or for any purpose except to carry out the intent of SCHOOL BIDZ Services. Neither will disclose the Confidential Information of the other to third parties or to the first party’s employees or agents without the written consent of the other party, except to those employees or agents who are required to have the information in order to carry out the contemplated business. Each agrees that it will take all reasonable steps, including all steps that it would take to protect its own Confidential Information, to protect the secrecy of and avoid disclosure or use of Confidential Information of the other in order to prevent it from falling into the possession of unauthorized persons. Each agrees to immediately notify the other in writing of any misuse or misappropriation of such Confidential Information.
Trade Secrets. Burton Equity Group and you agree that except as required by the scope of these Terms of Service or expressly agreed upon in writing by the parties, neither will use, directly or indirectly disclose, or publish any of the other’s Trade Secrets. Both parties acknowledge that any unpermitted use or disclosure of the other’s Trade Secret will cause the Trade Secret holder irreparable damage for which remedies other than injunctive relief will be inadequate and that the Trade Secret holder shall be entitled to injunctive relief or other equitable relief enjoining such use or disclosure, without the posting of a bond or other security, in addition to any other remedies available by law or under these Terms of Service. The term of this covenant not to disclose Trade Secrets is unlimited and survives the termination of these Terms of Service.
18. Miscellaneous
Governing Law, Venue, and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflict of law principles. Venue and jurisdiction for any federal or state court litigation or any alternative dispute resolution including mediation and arbitration shall be in Cook County, State of Illinois.
Entire Agreement. These Terms of Service contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreement, understanding and communication between the parties, whether written or oral, with respect to such subject matter. These Terms of Service can be amended only in writing signed by the parties.
Transfer and Assignment. Except as otherwise provided in these Terms of Service, you may not assign or transfer SCHOOL BIDZ Services or these Terms of Service to a third party without the prior written consent of Burton Equity Group, which may not be unreasonably withheld or delayed. Any merger that involves you, any sale or transfer of more than fifty percent (50%) of its voting stock or any sale of all or substantially all of the assets of you shall be considered a prohibited assignment or transfer of SCHOOL BIDZ or SCHOOL BIDZ Services, and consent from Burton Equity Group would be required hereunder. Burton Equity Group is permitted to assign or otherwise transfer these Terms of Service to any third party without your consent. Subject to the foregoing, these Terms of Service shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, representatives, successors, and permitted assignees.
Severability; No Waiver. In the event that any term or condition of these Terms of Service is determined to be invalid, illegal, or otherwise unenforceable, such determination shall have no effect on the other terms and conditions, which shall continue to be binding upon the parties hereto. Lack of enforcement of any term or condition in these Terms of Service shall not be construed as a waiver of any rights conferred by such term or condition.
Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Burton Equity Group as a result of these Terms of Service or use of or access to SCHOOL BIDZ Services. Each party shall have sole responsibility for payment to its employees and its subcontractors, including all tax payments and report obligations and shall indemnify the other for all such expenses and obligations.
Written Permission Required for Consultants. Before you are permitted to hire a consultant to render assistance in the setup or operation of SCHOOL BIDZ Services, you must receive prior written approval from Burton Equity Group. In order to request approval, you must first provide Burton Equity Group with the name and address of the consultant, along with a description of the actions said consultant will take on your behalf. Burton Equity Group reserves the right to require that the consultant sign a Non-Disclosure Agreement, reasonably refuse to allow a specific consultant to render assistance to you or allow a consultant access to SCHOOL BIDZ Services.
Survival Clause. All duties and responsibilities of any party, which, either expressly or by their nature, extend into the future, shall extend beyond and survive the end of the Term or cancellation of these Terms of Service. In addition, the expiration or earlier termination of these Terms of Service shall not relieve either party of obligations incurred prior to the termination date.
Notices Clause. All notices or communications required or permitted as a part of these Terms of Service shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed delivered when: (1) Actually received, or; (2) E-Mailed to the receiving party, (3) With a duplicate communication mailed to that party’s last known address, which will be deemed received (10) days after deposit with the United States postal service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party if not actually received.
Alternative Dispute Resolution. In the event of a dispute between the parties arising under or in connection with these Terms of Service, both parties agree to engage in mediation for the outstanding issues prior to any lawsuit being filed by either party. Mediation will take place in Cook County, State of Illinois. The failure of Burton Equity Group to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision
