Website Advertisement Terms and Conditions of Use
Nebo School District and its board members, administrators, officers, employees, agents, and representatives (hereinafter jointly referred to as the “District”) neither sponsors nor endorses any individual, entity, or organization, and their respective goods, products, services, activities, or events whose advertisement or other content is displayed on this Website. The display of this material is provided as a courtesy only, and as such the District reserves the right, in its sole and absolute discretion, to refuse, delete, or remove any advertisements or content at any time with or without notice, and without any financial remuneration.
The District, in its sole and absolute discretion, may also post advertisements or content on this Website without charging any fees from the following sources: (a) literature and material containing District and school news, programs, activities, and events; (b) appropriate and approved Parent Teacher Association (PTA) and Parent Teacher Student Association (PTSA) literature; (c) literature and material concerning the District’s Community Education Programs; (d) literature and material from the Nebo Education Foundation; (e) literature and material concerning District or school business partnerships and programs; and (f) literature and material regarding government programs, activities, and events.
It is your responsibility to read and comply with the following “Terms and Conditions.” You must evaluate and bear the risk associated with the use of, or reliance upon, any advertisement or content posted on this Website. Please read these “Terms and Conditions” carefully before using or posting an advertisement.
1. Acceptance Through Use. By posting or viewing an advertisement or any other content on the District’s Website, you agree to be bound by all of the terms, conditions, and notices contained or referenced in these Terms and Conditions. You should review these Terms and Conditions from time to time. The District may change any of the Terms and Conditions at any time and for any or no reason by posting revisions to the Website. Your continued use of the Website constitutes your acceptance of the most recently revised and updated Terms and Conditions.
2. Posting Fees and Requirements. The District will charge Twenty-Five Dollars ($25.00) per advertisement posted to help offset the cost of managing and maintaining the Website. All fees shall be paid in full to the District prior to the posting of the advertisement. Each advertisement will be posted on the Website for a period of up to thirty (30) days. Generally, advertisements will be posted within one (1) week of the advertisement submission and payment of fees. Further advertisement posting requirements include: (a) the name of the individual, organization, or entity proposing to post an advertisement, along with appropriate contact information (name of contact person, telephone number, e-mail address, and Website); (b) the title of the goods, products, services, activities, or events being advertised; (c) a brief description of the proposed advertisement; (d) the intended audience of the advertisement (Nebo School District Employees, Parents, and/or Students); (e) a picture or image, if applicable, of the goods, products, services, activities, or events being advertised; (f) an attached advertisement flyer, if applicable, no more than two (2) pages in length in PDF format; and (g) acceptance and agreement to the applicable Terms and Conditions of Use. In order to post an advertisement you must complete the online form, provide the applicable information, and pay the posting fees as instructed at www.nebo.edu/offers/submit. For further information concerning the posting of an advertisement, please contact the Offers Coordinator at offers [at] nebo [dot] edu (offers[at]nebo[dot]edu).
3. Terms and Conditions of Use. By providing any advertisement or other content to be posted on the District’s Website:
a. You represent and warrant that you have the authority to do so, and that all information provided by you is accurate, current, and complete.
b. You acknowledge and agree that all information of any kind posted on the District’s Website, whether advertisement, offer, coupon, notice, or other materials (herein collectively referred to as "content"), publicly or privately provided, shall be the sole responsibility of the person, entity, or organization providing the content. The District shall not be responsible to you in any way for the content that appears on this Website, nor shall the District be responsible for any errors or omissions.
c. You represent and warrant that you own all right, title, and interest in and to the content provided to the District for posting on the Website.
d. You acknowledge and agree that the District shall have the right (but not the obligation), in its sole and absolute discretion, to refuse to post, or to remove or block access to, any content you provide at any time for non-compliance with the Terms and Conditions or for any reason deemed to be in the best interest of the District with or without notice, and without any financial remuneration.
e. You acknowledge and agree that the District shall have the right (but not the obligation), in its sole and absolute discretion, to delete or remove any advertisements or content at any time with or without notice, and without any financial remuneration, due to: (a) the receipt of complaints for failure to honor coupons or discounts; (b) misleading or inaccurate advertisements; or (c) any other reason deemed to be in the best interest of the District.
f. You acknowledge and agree that advertisements labeled as “free” must be for goods, products, services, activities, or events that do not require a commitment or obligation of any type. Goods, products, services, activities, or events that are provided after sign-up or upon completion of a task are not free and should not be labeled as such.
g. You acknowledge and agree that advertisements are placed in any of the following categories: Nebo School District Employees, Parents, and/or Students. You further acknowledge and agree that although the advertisements are placed in one or both of the foregoing categories, access to the Website is not restricted to such audience but is open to the general public.
h. In having your advertisement posted on this Website, you explicitly agree that you SHALL NOT:
i. Provide any content or offer to perform any conduct that may be illegal, false, inaccurate, threatening, harmful, hateful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, indecent, lewd, profane, or invasive of a person’s privacy.
ii. Violate any state or federal laws, rules, regulations, or District policies and procedures.
iii. Promote illegal discrimination on the basis of gender, race, religion, age, national origin, ethnicity, disability, or any other protected classification.
iv. Promote activity that is illegal or unsuitable for minors.
v. Defame a person or organization.
vi. Threaten or cause a disruption of a school or school-sponsored activity.
vii. Impersonate or misrepresent yourself or your entity or organization with any other person, entity, or organization, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.
viii. Collect or otherwise gather data about other users.
ix. Provide or use this Website and any content in any manner that would involve junk mail, spam, chain letters, or pyramid schemes.
x. Provide any content that may give rise to the District’s civil or criminal liability, or which may constitute or be considered a violation of any state, federal, or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.
xi. Provide any content that contains political advertising, such as material promoting, disapproving, or otherwise advertising for or agains a referendum, a political message, or a candidate running for public office.
4. Third-Party Services.
a. Goods, products, services, activities, or events of third-parties will be advertised and/or made available on or through this Website. Representations made regarding such goods, products, services, activities, or events provided by third-parties are governed by the policies and representations made by these third-parties. The District SHALL NOT have any liability for the accuracy, completeness, and/or results to be obtained from the use of the information contained in the contents of any advertisements, or for any assertions or omissions therein. You must evaluate and bear the risk associated with the use of, or reliance upon, any content posted on this Website.
b. You further agree that the District shall not be liable for any third-party claims, losses, or damages of any kind or of any nature, and that, for example, should a dispute arise among the participants, the District has no obligation to become involved. In the event you have a dispute with a user or a problem with the Website, you agree to release and indemnify the District from damages arising out of, or in any way connected with, such disputes.
c. The posted advertisements may contain links or references to Websites operated by third-parties. The District does not sponsor or endorse any such linked or referenced Websites, nor is the District responsible for any content therein.
5. Limited Public Forum. In general, the District operates its schools as non-public forums. This Website advertisement service is intended to create a “limited public forum” for the advertisement of goods, products, services, activities, and events of outside individuals, entities, and organizations, subject to the Terms and Conditions set forth herein. The District may redefine or close the “limited public forum” at any time and for any or no reason.
6. Non-Discrimination. The District will not deny an outside individual, entity, or organization the opportunity to display advertising content because the offered goods, products, services, activities, or events will be provided from a religious, philosophical, or political perspective that are protected by the First Amendment to the United States Constitution.
7. Disclaimer of Warranties. You understand and agree that your use of this Website and any advertisements or content posted hereon is made available and provided to you at your own risk. It is provided to you on an "AS IS" and “AS AVAILABLE” basis. Nebo School District and its board members, administrators, employees, agents, and representatives (herein jointly the “District”) do not make any representations or warranties, express or implied, regarding the Website, the advertising material, the content, or the information, goods, products, services, activities, or events posted, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The District makes no representation or warranty, express or implied, that the Website will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, or that any content is safe in any manner for download. You understand and agree that the District does not sponsor or endorse the advertised goods, products, services, activities, and events posted on the Website, and that use of, or reliance upon, such content is solely at your own risk.
8. Limitation of Liability / Indemnification. The District is not responsible or liable for any content posted by third-parties, actions of any third-party, or damage to any third-party that is due to or arising out of your conduct, your connection to this Website, your use or reliance upon the advertisement or content, your violation of these terms and conditions of use, or your violation of the rights of another person or party. You agree to indemnify and hold harmless the District from any and all claims or demands, including reasonable costs and attorneys’ fees, which may be made by any third-party. In no event shall the District be liable for any direct, indirect, consequential, special, incidental, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss resulting from or arising out of: (a) the use or reliance upon the Website; (b) the cost to obtain substitute goods and/or services resulting from any transaction entered into on or through the Website; (c) unauthorized access to or alteration of your data transmissions; (d) statements or conduct of any third-party on the Website; or (e) any other matter relating to the Website.