SchoolCircuit Online Gradebook
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Terms of Use Effective:  February 1, 2010
Introduction

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also agree that the limited warranty is the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the limited warranty. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law. These terms constitute the whole legal agreement between SchoolCircuit and the user. If any court rules that any provision of these terms is invalid, then that provision will be removed from these terms without affecting the rest of the terms and the remaining provisions of these terms will continue to be valid and enforceable. Access to the SchoolCircuit website may be terminated if you violate any part of these terms.

Maintaining Passwords

Uses of certain services requires a password, you are responsible for maintaining the confidentiality of all such passwords. You are responsible for maintaining the confidentiality of your user identification, and are fully responsible for all activities that occur under your user identification and password. You may not share your password at any time with any other user. To ensure privacy, all members must keep their password confidential and logout when done.

Limited Warranty and Disclaimer of Warranty

The SchoolCircuit web site and its services are provided "as is". SchoolCircuit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SchoolCircuit does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site. In no event shall SchoolCircuit be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SchoolCircuit's Internet site, even if SchoolCircuit or a SchoolCircuit authorized representative has been notified orally or otherwise of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Children's Online Privacy Protection Act (COPPA)

U.S. Federal law requires that teachers obtain the permission of parents before collecting personal information online from Students under the age of 13. SchoolCircuit shall not be liable for how teachers collect and use student information. The only information we collect is used for fulfillment of a requested transaction. With regard to the sharing of information, we do not share personal information with anyone other than those who provide support for the internal operations of the SchoolCircuit website.

Family Educational Rights & Privacy Act (FERPA)

U.S. Federal law requires certain student information to be kept private while being made available to parents. Teachers and schools are ultimately responsible for complying with legal requirements, and SchoolCircuit shall not be liable for any action(s) resulting.

Conduct

You agree to use the SchoolCircuit web site only for its stated purpose. You may not at any time use the service in connection with spam or deceptive messages. Please have respect for all other members and do not engage in harassing or defamatory behavior toward any other member, or collect information about any other members without their consent.

Revisions and Errata

The materials appearing on SchoolCircuit's web site could include technical, typographical, or photographic errors. SchoolCircuit does not warrant that any of the materials on its web site are accurate, complete, or current. SchoolCircuit may make changes to the materials contained on its web site at any time without notice. SchoolCircuit does not, however, make any commitment to update the materials. SchoolCircuit updates the services offered frequently and can make additions or reductions to the services provided without prior notice to you.

System Availability

Our goal is to maintain the highest level of system availability to our users. In rare cases, the SchoolCircuit web site may be unavailable or unable to record and process data, for reasons within our control (scheduled maintenance) or beyond our control (unscheduled maintenance, hardware failure, malicious attack). Scheduled maintenance to the SchoolCircuit system will be performed from time to time which may result in parts of the site to be unavailable for a brief period of time. No refund or compensation is available for any reason should the service being unavailable for any time.

All data on the SchoolCircuit system is backed up once in every 24 hour period. In the event that a partial or complete restore from backup data is deemed necessary, we will do so within one working, from the most recent valid backup available. We do not guarantee availability of historic client data. We disclaim any liability for any monetary value clients attach to data or for that the lack of availability of data from the SchoolCircuit system.

SchoolCircuit, its owners, subsidiaries, directors, employees, attorneys, affiliates, and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but not be limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data, cost to procure of substitute goods or services, or other intangible loss. In the unlikely event that the Services should experience system failure, SchoolCircuit will make its best efforts to return the system to its exact state as it existed prior to the failure. In the event this is not possible, the most recent backup will be restored.

Links and Content

You are solely responsible for any content that you create, transmit, or display while using the SchoolCircuit website. Do not at any time transmit or upload any material that contains viruses or other harmful programs. Do not publish, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful material or information. Any external links to other websites linked to from the SchoolCircuit website are not under the control of SchoolCircuit and SchoolCircuit is not responsible for their contents, nor imply endorsement by SchoolCircuit of the linked site. Use of any linked web site is at the user's own risk.

Terms of Use Modifications

SchoolCircuit may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to SchoolCircuit's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

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