By submitting information to Encinitas Educational Foundation (EEF), you agree to the following confidentiality agreement:

Terms of Use

1. Agreement.

Welcome to Encinitas Educational Foundation (EEF’s “Site” or the “Site”). By accessing the Site, you agree to the following Terms of Use. The terms “Encinitas Educational Foundation” or “EEF” “us” or “we” or “our” refers to Encinitas Educational Foundation , the owner of the Site and its subsidiaries, partners, agents, affiliates, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for any reason whatsoever.

2. Any Modifications.

Encinitas Educational Foundation reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use often. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

3. Ownership of Intellectual Property.

The contents of this Site, including all software, text, characters, images, videos, photos, designs, illustrations, audio and artwork, graphics, databases, logos, proprietary information and copyrightable or otherwise legally protective elements of the Site and any trademarks, service marks and trade names (collectively the “Materials”) are the intellectual property of Encinitas Educational Foundation and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 4 below, is strictly prohibited.

4. Personal Account Set-up.

Browsing of the Sites public pages are free of charge to any one person. However, certain sections of the Site may require you to create a personal account by providing specific information related to acquiring access to proprietary material including logos, designs, copyright content , forms or trademarks. Proprietary material is for the sole purpose of assisting in the fundraising for the Encinitas Union School District for the purpose of funding Educational programs and resources. Under no other circumstance is an account user allowed to use proprietary materials for anything else.

If a personal account is requested, you agree to provide us with correct and complete information.

Our Privacy Policy describes the personal information we could collect, use, manage, disclose and store. Each account is for your personal use only. You may not allow any other person or entity to use your account information including your user/log in name or password for any reason.

We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user/log in name or password.

Encinitas Educational Foundation may allow you to create a personal account and gain access to our propriety material free of charge in an effort to further our mission. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete or we suspect misuse of proprietary information, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Limited Uses.

You are granted non-exclusive, non-transferable, non-assignable revocable use (a) to access, view, edit and print proprietary information, documents, use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to use the Site solely for personal and non-commercial fundraising purposes; and (c) to print out or copy discrete information from the Site solely for personal and non-commercial fundraising purposes and provided that you maintain all copyright, intellectual property and other policies contained therein.

Postings.

Portions of this Site may permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings.

You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that:

(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;

(2) infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights;

(3) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;

(4) constitutes hate speech.

You may not upload, post, email, 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.

Encinitas Educational Foundation reserves the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of Encinitas Educational Foundation and you authorize Encinitas Educational Foundation to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.

Encinitas Educational Foundation reserves the right but does not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of Encinitas Educational Foundation. You acknowledge, understand and agree that Encinitas Educational Foundation shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.

Parental Consent.

If and when possible, you must be at least 18 years of age or older to establish a personal account. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the proprietary material. By creating a personal account for a minor, the parent or legal guardian gives your minor child permission to access all of the Site and the proprietary material available. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian at any time.

Links to Other Websites.

The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites and these websites may have privacy policies different than our Privacy Policy.

Errors, Corrections and Changes.

Encinitas Educational Foundation does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes or mistakes to the features, functionality or content of the Site at any time.

Copyrights.

Encinitas Educational Foundation respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your name, physical address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. All copyright complaints be sent to info@eefonline.org.

Disclaimer.

THIS SITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR LEGAL, PROFESSIONAL OR OTHER ADVICE AND MAY NOT BE USED FOR ANY SUCH PURPOSES.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,”

“AS AVAILABLE,” AND “WITH ALL FAULTS.”

Limitation of Liability.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ENCINITAS EDUCATIONAL FOUNDATION AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

THE AGGREGATE LIABILITY OF ENCINITAS EDUCATIONAL FOUNDATION AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ENCINITAS EDUCATIONAL FOUNDATION AND ANY OF OUR AFFILIATED PARTIES.

Applicable Law, Venue and Jurisdiction.

This Terms of Use agreement shall be treated as though it were executed and performed in Encinitas, California, and shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of San Diego, California.

Encinitas Educational Foundation

101 S. Rancho Santa Fe Road

Encinitas, CA 92024