Elementary School Schedule Maker's
Terms of Service

By using the Elementary School Schedule Maker (essmaker.com) website (the "Service"), a service provided by Lightfoot Web Tools, LLC ("LWT"), you agree that you have read and agree to be bound by the following terms and conditions ("Terms of Service"). LWT grants you a personal, non-transferable, non-exclusive, non-sublicensable, limited privilege to enter and use the Site, as long as you comply with these Terms of Service.

The site design, artwork, and coding are owned and copyright 2015 Lighfoot Web Tools, LLC and must not be used by you for any commercial purpose, without LWT's prior express written consent. All rights reserved.

Content that you enter into the Service will be used by LWT to provide the Service. You retain whatever rights you hold to that content, and by uploading it into the Service grant LWT a royalty-free license to use your content to support your use of the Service. You are responsible for protecting your rights to this content, and LWT has no responsibility to do so on your behalf.

The Service is billed in advance on a one-time basis for each specified period of service and is non-refundable. There will be no refunds or credits for unused months. In order to treat everyone equally, no exceptions will be made. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on the service fee.

To continue use of the service you must make an additional payment at the close of your paid service period. You will not be billed automatically. Prices and these terms of service are subject to change, and any changes will be applicable at the time of account renewal.

Failure to renew the Service may cause the loss of Content in your account. LWT does not accept any liability for such loss.

You may use this service to create schedules for your school. If you are a district officer you may make schedules for schools in your district. You may not share your account with others. For example, if others want to make classroom schedules for themselves, they must create their own accounts.

LWT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. LWT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

You understand and agree that your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Service provides means for back-up and export of your Content. You are responsible for maintaining the availability of your Content to yourself.

You expressly understand and agree that LWT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LWT has been advised of the possibility of such damages), resulting from: (i) the use of the service, (ii) the inability to use the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

LWT, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your Account. LWT reserves the right to refuse service to anyone for any reason at any time.

You understand that LWT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks.

LWT expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. LWT makes no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the Content or any other information obtained through the use of Service will be accurate, complete, reliable, current or error-free; (iv) the Service is free of viruses or other malware; or that (v) any errors in the Service will be corrected. In some jurisdictions, disclaimers or implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

You agree to indemnify and hold harmless LWT, affiliates, service providers, other users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms of Service, or your violation of any law, regulation or third-party right.

No delay or failure to take action under these Terms of Service shall constitute any waiver by LWT of any provision of these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Service will continue in full force and effect. These Terms of Service will bind and inure to the benefit of LWT's permitted successors and assigns. LWT may freely assign these Terms of Service without consent or notice.

Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises. These Terms of Service shall be governed by the laws of the Commonwealth of Virginia without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state courts sitting in James City County, Virginia, and/or United States District Court Eastern District of Virginia. These Terms of Service are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Service shall be null and void.

You must be 13 years or older and provide accurate and current personal information. Your account must be used by one person or entity and not be shared with multiple users. You are responsible for the security of your account and its login credentials. You must not use the service for illegal purposes.

While LWT takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, LWT cannot be responsible for the acts of those who gain unauthorized access, and LWT makes no warranty, express, implied, or otherwise, that LWT will prevent unauthorized access to your private information. IN NO EVENT SHALL LWT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER LWT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Technical support is only available by email and must be initiated through the contact form on the website.

These Terms of Service with the Privacy Policy represent the entire agreement between you and LWT, and they supercede any previous terms or communications.

Last modified: March 8, 2015