TERMS OF USE & LEGAL DISCLAIMER

Effective Date: August 4, 2026

These Terms of Use govern access to and use of SurvivingESA.com and its content, downloads,

forms, resources, products, submissions, and services.

By accessing or using this website, you agree to these Terms.

If you do not agree, do not use the website.

1. Purpose of the Website

Surviving ESA is an educational, documentary, publishing, and advocacy project concerning

Arizona’s Empowerment Scholarship Account program.

The website may include:

• Personal experiences
• Public records
• Government documents
• Contracts
• Parent handbooks
• Administrative filings
• Court filings
• Correspondence
• Exhibits
• Commentary
• Educational resources
• Templates
• Parent stories
• Book information
• Advocacy materials

The website is intended to help parents understand the ESA process, document their experiences,

preserve records, identify patterns, and ask better questions.

2. Not Legal Advice

The website provides educational and informational content only.

Nothing on this website constitutes:

• Legal advice
• Representation by an attorney

• A legal opinion
• A guarantee concerning legal rights or remedies
• A recommendation to pursue or abandon any particular claim
• A substitute for advice from a licensed attorney

Laws, rules, policies, contracts, procedures, deadlines, and agency interpretations may change.

You are responsible for verifying current requirements and obtaining qualified legal advice when

needed.

3. No Attorney-Client Relationship

Using the website, downloading a resource, submitting a story, sending an email, or

communicating with Surviving ESA does not create:

• An attorney-client relationship
• A confidential legal relationship
• A fiduciary relationship
• A consulting agreement
• A representation agreement

Surviving ESA and LodgeWell Publishing are not acting as your attorney or legal representative.

Communications are not protected by attorney-client privilege.

Do not send information based on an expectation of legal confidentiality.

4. No Guarantee of Results

Examples, templates, strategies, arguments, correspondence, and experiences presented on the

website do not guarantee that another person will receive the same result.

Outcomes may depend on:

• Individual facts
• Student eligibility
• Documentation
• Contract language
• Handbook versions
• Statutes and administrative rules
• Deadlines
• Agency decisions
• Hearing officers
• Courts
• Changes in law or policy

You remain responsible for your own decisions, submissions, appeals, deadlines, and

communications.

5. Accuracy and Document Dates

Surviving ESA makes reasonable efforts to present materials accurately.

However:

• Government websites may change
• Handbooks may be revised
• Contracts may differ by year
• Links may expire
• Policies may be replaced
• Legal proceedings may remain unresolved
• Information may become outdated

Dates, document versions, and source materials matter.

Visitors should review the actual contract, handbook, statute, rule, decision, or filing applicable

to their situation.

6. Commentary and Allegations

The website may contain commentary, criticism, analysis, questions, opinions, allegations, or

conclusions concerning public agencies, public officials, contractors, administrative proceedings,

legal proceedings, or matters of public concern.

Where possible, those statements are connected to documents, correspondence, filings,

testimony, public records, or firsthand experience.

Readers are encouraged to review the underlying record and reach their own conclusions.

A reference to a person, office, agency, decision, or action does not necessarily allege criminal

conduct unless expressly stated and supported by the cited record.

7. User Submissions

You may be permitted to submit stories, documents, photographs, screenshots, correspondence,

or other materials.

You retain ownership of original material you submit.

By submitting material, you grant Surviving ESA a limited, nonexclusive right to:

• Receive and store it
• Review and organize it
• Contact you about it
• Verify information when reasonably possible

• Use it internally for documentation, research, advocacy, or pattern analysis

Submission alone does not authorize public identification of you or your child unless:

• You select an express publication consent option,
• You separately provide written permission, or
• The material is already lawfully public and may legally be used.

If you authorize public use, you grant Surviving ESA and LodgeWell Publishing a nonexclusive,

worldwide, royalty-free license to reproduce, edit, redact, summarize, quote, publish, display,

distribute, and incorporate the authorized material into:

• Website content
• Books
• Reports
• Articles
• Videos
• Presentations
• Social media
• Advocacy materials
• Press materials
• Educational resources

Surviving ESA may redact names or identifying information but is not required to use every

submission.

8. Your Responsibility for Submissions

You represent that:

• The information is truthful to the best of your knowledge
• You have authority to submit it
• You have not knowingly altered documents in a misleading manner
• Submission does not violate another person’s intellectual-property, privacy, contractual,

or legal rights

• You have removed unnecessary sensitive information
• You understand that submission does not guarantee publication, investigation,

representation, or action

Do not submit:

• Threats
• Harassment
• Knowingly false claims
• Fabricated evidence
• Malicious software
• Stolen credentials
• Information obtained unlawfully
• Material intended to intimidate or endanger another person

9. Privacy and Confidentiality

Use of personal information is governed by the Privacy Policy.

Surviving ESA will make reasonable efforts to honor selected privacy and publication

preferences.

However, no online submission system is guaranteed completely secure or confidential.

We may disclose information when legally required or reasonably necessary to protect legal

rights, safety, website security, or evidentiary integrity.

10. Intellectual Property

Unless otherwise identified, the website’s original content is owned by Guy Lodge, LodgeWell

Publishing, or Surviving ESA and is protected by applicable copyright, trademark, and other

laws.

Protected content may include:

• Written copy
• Book excerpts
• Graphics
• Illustrations
• Logos
• Templates
• Downloads
• Reports
• Page designs
• Photographs
• Videos
• Compilations
• Commentary
• Original document organization

You may:

• View the website for personal use
• Download resources expressly offered for download
• Print reasonable copies for personal advocacy or educational use
• Share links to public pages

You may not, without written permission:

• Republish substantial website content
• Sell or commercially distribute resources
• Remove branding or copyright notices
• Present Surviving ESA materials as your own

• Copy the website design
• Use content to create a competing publication, course, service, database, or product
• Scrape or systematically extract website content

Government records and third-party materials remain subject to their own ownership, licensing,

and public-record rules.

11. Permitted Use of Templates and Resources

Free templates and resources may be used for personal, noncommercial ESA advocacy and

documentation.

They may be edited for your own circumstances.

They may not be:

• Resold
• Repackaged
• Distributed as part of a paid service
• Used to provide unauthorized legal services
• Published under another person’s branding
• Uploaded to another resource library without written permission

12. Prohibited Website Conduct

You may not:

• Attempt to gain unauthorized access to the website or its systems
• Interfere with website security
• Upload malware or harmful code
• Harvest contact information
• Impersonate another person
• Submit knowingly false information
• Use the website to threaten or harass
• Attempt to identify an anonymous submitter
• Circumvent download, access, or security controls
• Use automated systems to copy or monitor the website without permission

13. Purchases and Preorders

Product descriptions, formats, estimated publication dates, prices, shipping information, and

preorder terms will be presented at the time of purchase.

Publication schedules and delivery estimates may change.

Separate refund, shipping, preorder, or digital-product terms may apply when displayed during

checkout.

Third-party processors may handle payment and fulfillment.

14. External Links

The website may contain links to third-party websites and documents.

A link does not constitute endorsement, sponsorship, control, or verification.

Surviving ESA is not responsible for third-party:

• Content
• Security
• Accuracy
• Availability
• Privacy practices
• Products
• Services

You access third-party websites at your own risk.

15. Disclaimer of Warranties

The website and its content are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Surviving ESA and LodgeWell Publishing disclaim

warranties concerning:

• Accuracy
• Completeness
• Reliability
• Availability
• Fitness for a particular purpose
• Noninfringement
• Legal effectiveness
• Outcome of any appeal, dispute, purchase request, or proceeding

We do not guarantee uninterrupted or error-free access.

16. Limitation of Liability

To the fullest extent permitted by law, Surviving ESA, LodgeWell Publishing, Guy Lodge, and

their contractors, contributors, and service providers will not be liable for indirect, incidental,

special, consequential, exemplary, or punitive damages arising from:

• Use of the website
• Reliance on website content
• Use of a template

• Missed deadlines
• Agency decisions
• Legal outcomes
• Loss of data
• Unauthorized access
• Third-party conduct
• Website interruption

Nothing in these Terms excludes liability that cannot lawfully be excluded.

17. Indemnification

You agree to defend, indemnify, and hold harmless Surviving ESA, LodgeWell Publishing, Guy

Lodge, and their contractors and service providers from claims, losses, liabilities, expenses, or

damages arising from:

• Your misuse of the website
• Your violation of these Terms
• Your submission of unlawful or unauthorized material
• Your infringement of another person’s rights
• False or misleading information submitted by you

18. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law

principles.

Any dispute concerning these Terms or use of the website shall be brought in a court of

competent jurisdiction located in Maricopa County, Arizona, unless applicable law requires

otherwise.

19. Changes to These Terms

We may update these Terms when the website, resources, products, or legal requirements change.

Updated Terms will be posted with a revised effective date.

Continued use of the website after an update constitutes acceptance of the revised Terms.

20. Contact

Questions concerning these Terms may be submitted to:

Surviving ESA

LodgeWell Publishing

Email: legal@survivingesa.com

Website: SurvivingESA.com/contact