“HERO” TERMS OF SERVICE



Effective Date: September 1, 2016

Welcome! You are now reading Go Sidewalk Inc.'s ("Sidewalk") Terms of Service for the Hero site and services (“Hero”). This is the agreement between you and Sidewalk when you use Hero.By using this site, you agree to these terms Don’t use Hero if you don’t agree with these terms.

We have also included “plain English” annotations in certain places, which are not a part of the contract itself but intended to help you follow the text.

The use of Hero is governed by the following legal notices and conditions. By accepting these Terms and Conditions, you agree to these conditions.

HYPERLINKS

Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Sidewalk or its affiliates of their sites or their content.

PLAIN ENGLISH: We don’t control any websites other than our own.

ELECTRONIC COMMUNICATIONS

Communications between you and Sidewalk may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.

PLAIN ENGLISH: You give us permission to email you.

INTELLECTUAL PROPERTY

All content included on Hero, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Sidewalk, its affiliated schools, or its suppliers and protected by United States and international copyright laws.

Sidewalk graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Sidewalk in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Sidewalk, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Sidewalk. There may be other trademarks not owned by Sidewalk appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Sidewalk.

If you have any questions about the above, please contact Sidewalk’s Legal Department at: Sidewalk., Attn: Legal Department, 450 E. Simmons Way, Kaysville, UT 84037, email: legal@gosidewalk.com.

PLAIN ENGLISH: Please don’t copy anything off of Hero.

LICENSE AND SITE ACCESS

Sidewalk grants you a limited license to use Hero for personal use only. You may not copy or reproduce Hero, or any portion of it, without Sidewalk’s express written consent. In addition, Sidewalk grants you a limited, revocable, and nonexclusive right to create a hyperlink to Hero, so long as the link does not portray Sidewalk in a misleading, derogatory, false, or otherwise offensive manner.

PLAIN ENGLISH: Please don’t copy anything off Hero. And if you link to Hero, please be nice.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sidewalk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

PLAIN ENGLISH: Keep your password secure since you’re responsible for anything done using your account.

SECURITY

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Sidewalk by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Sidewalk does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including names, email addresses, passwords, and course and class schedules, Sidewalk makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security.

PLAIN ENGLISH: We do the best we can with security using up to date technology, but the Internet is inherently insecure, so please be careful.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post content on certain portions of Hero, and submit other content or information to Sidewalk, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Sidewalk. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. Sidewalk reserves the right (but does not assume the obligation) to remove or edit such content, but does not regularly review posted content.

Posting content or submitting material shall grant Sidewalk the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Sidewalk and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Sidewalk for all claims resulting from content you supply. Sidewalk has the right but not the obligation to monitor and edit or remove any activity or content. Sidewalk takes no responsibility and assumes no liability for any content posted by you or any third party.

PLAIN ENGLISH: Don’t be mean or post nasty things on Hero. You authorize us to use anything you submit without our having to pay you.

DATA

By agreeing to this contract, you consent to sharing your current and historical term data with us in order to enable Sidewalk Hero to collect course material adoptions. This data may be procured through historical records inside your point of sale, other such historical records in non-point of sale systems, and through Hero’s own historical record over time.

ADOPTION TRANSPARENCY AND DISCOVERABILITY

Similar to your school’s existing course catalog and bookstore website, Hero provides adoption transparency. Faculty, faculty staff, and platform administrators from your school, and other schools who are on the Hero platform, can search for and discover the adoption information of both their own, and other course catalogs across the platform.

PLAIN ENGLISH: Hero provides transparency. Users of Hero agree that other faculty members on their own, and other campuses, will be able to see the content they adopt within Hero.

PRICING AND PRODUCT DESCRIPTIONS

Sidewalk makes every effort to ensure that the price of each item listed for sale on Hero is accurate, and that the products are described accurately. However, a number of items are priced by third-party websites, and may at times contain errors. In the event of a pricing error, Sidewalk shall have no obligation or liability to you. Sidewalk does not warrant that product descriptions or pricing is accurate, or error-free.

PLAIN ENGLISH: We do our best to make sure the prices are accurate, but mistakes happen, especially because many of them are listed on third-party websites.

PRESS RELEASES

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Sidewalk’s knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIDEWALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIDEWALK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SIDEWALK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIDEWALK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF HERO OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

HERO AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SIDEWALK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SIDEWALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HERO OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

PLAIN ENGLISH: We value our relationship immensely, but as with all legal agreements, we cannot be held broadly liable if something goes wrong.

CLAIMS AGAINST SIDEWALK

If you have a claim against Sidewalk, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Utah Arbitration Act. You also agree not to bring a class action suit against Sidewalk, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.

PLAIN ENGLISH: If you have a problem with us, we’ll use a process called “arbitration” to resolve it. Also, you aren’t allowed to bring a class action suit against us and waive the right to a jury.

APPLICABLE LAW

The law of the state in which you are located at the time you enter into this Agreement and federal law to the extent applicable govern the use of Hero. Any claim which qualifies to be filed in a court of law will be heard exclusively in the state and federal courts having jurisdiction over the county and state in which you are located at the time you enter into this agreement.

(a) Attorney’s Fees.

In the event either party to this agreement is required to enforce any of the provisions, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this agreement.

(b) Force Majeure

A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

SIDEWALK’S RIGHT TO AMEND AND REMOVE POLICIES

Sidewalk has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

PLAIN ENGLISH: If we make any changes, we’ll let you know.

SIDEWALK’S ADDRESS

Sidewalk
450 E. Simmons Way
Kaysville, UT 84037