General: Welcome to TheSmartTalk.org (the “Site”). We provide the Site and Services (as defined below) to you subject to these terms and conditions (“Terms and Conditions”). The Terms and Conditions may be changed or updated by us from time to time, and notice will be provided to you by our posting such changes on the Site. Your continued use of any part of this Site or the Services constitutes your acceptance of such changes or updates. As a user of the Site for any and all purposes, you agree that you are doing so after first reviewing and agreeing to these Terms and Conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OR ANY OF THE SERVICES.
Description of Services: The Site provides users (“Visitors”) with access to and use of various on-line resources and activities which may be branded and co-branded (collectively, the “Service” or “Services”). These Terms and Conditions will apply to any new or enhanced Services and new properties upon their being made available on the Site unless explicitly stated otherwise.
Conduct of User: While using the Site and/or Services you understand and agree to comply with the following acceptable standards of use:
You alone are responsible for the content and consequences of any of your activities.
Trademarks: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks and may not be used unless authorized by the trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the applicable trademark owner.
Termination: We may terminate, change, suspend or discontinue all or any aspect of the Site or the Services at any time. We may restrict, suspend or terminate your access to the Site and/or its Services if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability.
No Warranty: Your use of the Site and the Services is at your sole risk. You agree that you are responsible for evaluating, and you agree to bear, all risks associated with the use of the Site or any of the Site’s Services, including any reliance on the accuracy, completeness, or usefulness of the Services available to users of the Site.
The Site and Services are provided on an “as is” and “as available” basis. We make no warranty that: (a) the Site or the Services will meet your requirements, (b) the Site or the Services will be uninterrupted, timely, secure, or error-free, (c) any errors in the software or any defects on the Site or the Services will be corrected. We expressly disclaim any other representations or warranties, express or implied, regarding the Site or Services, including without limitation the accuracy, completeness, usefulness or reliability of text, graphics, links and other items accessed from or via this server or the Internet. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. No advice or information given by us, our affiliates, partners or their respective employees, agents or independent contractors, whether oral, written or otherwise obtained by you through the Site, shall create any warranty not expressly made herein, nor will it create any attorney-client relationship or other substantive business or advisory relationship.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Liability: Neither we, nor our officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) shall be liable for any claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Site or the Services, even if such Protected Entity has been advised of the possibility of such damages. All Visitors to and users of the Site and the Services agree that he/she shall not sue or impute a claim against a Protected Entity in respect of any expenses or liabilities. By using the Site or any of the Services, you expressly release us, our officers, directors, employees, shareholders, successors or heirs from liability for any such claims, expenses or liabilities.
Indemnification: You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
International Use: We control and operate the Site from our offices in the United States of America. We do not represent that the Site or Services are appropriate or available for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.
Linking to the Site: Other web sites may freely provide hypertext or “Hot Links” to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other content, materials or branding not originating from the Site without our prior written approval. We may insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
Miscellaneous: These Terms and Conditions and the relationship between you and us shall be governed by the laws of the United States and the State of Arizona, without regard to its conflict of law provisions. Visitors agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Virginia for resolution of any disputes arising from the Site, the Services or these Terms and Conditions. All parties to these Terms and Conditions waive their respective rights to a trial by jury. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
National PTA Headquarters
1250 N. Pitt Street
Alexandria, Virginia 22314
Phone: (703) 518-1200
Toll Free: (800) 307-4782
Fax: (703) 836-0942
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