Terms of Service Template

This Terms of Service Agreement ("Agreement") governs your access and use of ExceptionalSC.app ("Service"). The Service is owned and operated by the SC Educational Credit for Exceptional Needs Children Fund ("we", "us", "our"). By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not access or use the Service.

1. Definitions

In this Agreement, the following terms have the following meanings:

• "User" means any person who accesses or uses the Service.
• "Content" means any text, graphics, images, audio, video, software, data or other material that is uploaded, posted, transmitted or otherwise made available through the Service by us or by any User.
• "User Content" means any Content that is uploaded, posted, transmitted or otherwise made available through the Service by any User.
• "Your Content" means any Content that is uploaded, posted, transmitted or otherwise made available through the Service by you.

2. User Rights and Responsibilities

• You are solely responsible for your use of the Service and for any Content that you upload, post, transmit or otherwise make available through the Service. You represent and warrant that you have the right, authority and consent to upload, post, transmit or otherwise make available any Content that you provide and that such Content does not violate any law, regulation or third-party right.
• You agree not to use the Service for any unlawful, fraudulent, harmful, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable purpose or to upload, post, transmit or otherwise make available any Content that is unlawful, fraudulent, harmful, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable.
• You agree not to use the Service to impersonate any person or entity, to misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of deceiving others.
• You agree not to use the Service to interfere with or disrupt the operation of the Service or the servers or networks that host the Service or to violate any security or technical requirements of the Service or any applicable law or regulation.
• You agree not to use the Service to transmit or introduce any virus, worm, Trojan horse, malware or other harmful code or material that may damage, impair or compromise the Service or any User’s device, data or personal information.
• You agree not to use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other forms of solicitation to any User or third party.
• You agree not to use the Service to infringe or violate any intellectual property rights, privacy rights, publicity rights or other rights of any User or third party.
• You agree not to use the Service in any manner that may expose us or any User or third party to any liability, loss, damage or harm of any kind.

3. Disclaimer/Limitation of Liability

• The Service is provided "as is" and "as available" without any warranty of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free, secure or free from viruses or other harmful components. We do not warrant that the Service will meet your requirements or expectations or that any Content will be accurate, complete, reliable or timely.
• To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill or other intangible losses, arising out of or in connection with your access or use of or inability to access or use the Service or any Content, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all claims arising out of or in connection with this Agreement or the Service exceed the amount paid by you to us for the Service in the 12 months preceding the claim.

4. User Notification upon Modification of Terms

• We reserve the right to modify this Agreement at any time and at our sole discretion. We will notify you of any changes by posting the updated Agreement on the Service and indicating the date of the last revision. Your continued access or use of the Service after such notification constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop accessing or using the Service.

5. Payment Terms

• If you choose to purchase any paid features or services offered by us through the Service ("Paid Services"), you agree to pay us the applicable fees and taxes as displayed to you at the time of purchase. You authorize us to charge your chosen payment method for the Paid Services and to renew your subscription automatically at the end of each subscription period until you cancel. You may cancel your subscription at any time by following the instructions provided on the Service or contacting us at support@exceptionalsc.net. If you cancel your subscription, you will still have access to the Paid Services until the end of your current subscription period. No refunds will be issued for any unused portion of your subscription.

6. Intellectual Property Rights

• We own and retain all rights, title and interest in and to the Service and all Content that we provide, including but not limited to all software, design, graphics, logos, trademarks and other intellectual property rights. Nothing in this Agreement grants you any right, title or interest in or to the Service or any Content that we provide, except as expressly stated herein.
• You own and retain all rights, title and interest in and to Your Content, subject to the license that you grant to us below. You represent and warrant that you have the right, authority and consent to upload, post, transmit or otherwise make available Your Content and to grant us the license below.
• By uploading, posting, transmitting or otherwise making available Your Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, display, perform, modify and create derivative works of Your Content in connection with the Service and our business, including for the purpose of promoting and marketing the Service. You also grant each User a worldwide, non-exclusive, royalty-free license to access, view, download and print Your Content through the Service for their personal and non-commercial use.

7. Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of South Carolina without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement or the Service shall be submitted to the exclusive jurisdiction of the courts of South Carolina.
• You agree that any claim or cause of action arising out of or in connection with this Agreement or the Service must be filed within one year after such claim or cause of action arose or be forever barred.

8. Verification of Communication

• We MUST verify communications from this Service are accessible by You at the time of registration and that You agree to receive electronic communications from this Service.
• Any difficulty with account/email verification should be directed to register-support at exceptionalsc.net