Last updated November 1st, 2019
Your use of the Pass It Down Website and platform (the "website" or the "Service") is
subject to these Terms of Service. "Pass It Down" means PassItDown.com and all platforms built on the propiertary Pass It Down platform technology. Pass It Down is a Delaware Corporation with a principal place of business at 100 Cherokee Boulevard, Suite 305, Chattanooga, TN 37405.
Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the Pass It Down website.
Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.
The contents of the Pass It Down website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the Pass It Down website without prior written consent of Pass It Down or Pass It Down's counsel.
The Pass It Down name, logo, and the technical terms associated with the Pass It Down platform and process are the service marks of Pass It Down Inc. All rights reserved. You may not use any Pass It Down Service Marks, logos, or graphics without Pass It Down's prior written consent. Pass It Down's logo is a registered Trademark.
Pass It Down does not allow framing of its website.
Pass It Down encourages and permits links to content on the Pass It Down platform. However, Pass It Down is an organization committed to the highest programming standards. Therefore, the links should not suggest that Pass It Down promotes or endorses third party causes, ideas, websites, products or services without prior authorization of Pass It Down. We reserve the right to remove any content placed onto the Pass It Down platform or the Pass It Down website.
Pass It Down may provide links to Internet Sites maintained by third parties, over which Pass It Down has no control. Pass It Down does not endorse the content, operators, products or services of such sites, and Pass It Down is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Pass It Down shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless Pass It down and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on the Pass It Down website or platforms.
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE PASS IT DOWN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES PASS IT DOWN MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL PASS IT DOWN , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILLPASS IT DOWN , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pass It Down infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice to Pass It Down must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Pass It Down against you, the DMCA permits you to send Pass It Down a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Pass It Down’ Copyright Agent for notice of claims of copyright infringement as follows:
Pass It Down
100 Cherokee Boulevard, Suite 305
Chattanooga, TN 37405
Email: sayhi@passitdown.com
The Pass It Down Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. Pass It Down may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.
The website is controlled and operated within the United States. Pass It Down makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Pass It Down website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under Tennessee law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Tennessee. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.
If you have any questions about the Terms of Service, please contact us through the Request Demo form on our website.