TERMS OF SERVICE
Welcome to SqoolTechs, LLC. SqoolTechs provides its
services to you, subject to the following conditions. When using particular
SqoolTechs, LLC services, you and SqoolTechs, LLC shall be subject to any
posted guidelines or rules applicable to such services. SqoolTechs may update
these conditions from time to time without notice. All users, with either free or paid
accounts, are subject to SqoolTechs, LLC terms of service agreement.
DESCRIPTION OF SERVICE
SqoolTechs,
LLC provides users with access to online services that allow you to create and
manage courses with a variety of instructional tools that enable you to
perform functions such as track students' scores; and create your own home
pages for posting assignments, class schedules, and links to your favorite Web
sites. Unless explicitly stated otherwise, any new features that augment or
enhance the current services, including the release of new SqoolTechs, LLC
services, shall be subject to the Terms of Service (TOS). You understand and
agree that all services are provided "AS-IS" and that SqoolTechs, LLC assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
TRADEMARK
AND COPYRIGHT NOTICES
Copyright© SqoolTechs.com,
L.L.C..
SqoolTechs,
SqoolTools, HomeSqool,
www.SqoolTechs.com,
www.SqoolTools.com,
www.HomeSqool.com, SqoolTechs.com,
SqoolTools.com, HomeSqool.com and/or all other SqoolTechs logos, characters,
names and services referred to by SqoolTechs, LLC are registered
trademarks or trademarks of SqoolTechs L.L.C. All rights
reserved.
In order to use the services, you must obtain access
to the World Wide Web, either directly or through devices that access
Web-based content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of SqoolTechs, LLC's
services, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form (such
information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, or SqoolTechs, LLC has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, or incomplete, SqoolTechs, LLC
has the right to suspend or terminate your account and refuse any and all
current or future use of SqoolTech's services (or any portion
thereof).
SQOOLTECHS, LLC PRIVACY POLICY
Please review our Privacy Policy, which governs
your visit to all websites and services of SqoolTechs, LLC, to understand
our practices.
http://www.sqooltechs.com/policies/privacy.html.
MEMBER ACCOUNTS, PASSWORDS, AND
SECURITY
When you use any SqoolTechs, LLC service, you
are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
When you visit SqoolTechs services or send e-mails to us, you are
communicating with us electronically. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
SqoolTechs, LLC provides services that enhance the teaching and learning processes. Members must keep in mind that student information must remain confidential in an online environment. It is the responsibility of each user to keep all personal and contact information private. Under no circumstances will SqoolTechs, LLC be liable in any way for any personal information posted. SqoolTechs strongly encourages the following guidelines and practices:
MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages, or other
materials ("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not SqoolTechs, LLC, are entirely responsible for all
Content that you post, e-mail, or otherwise transmit via SqoolTechs, LLC's
services. SqoolTechs, LLC does not control the Content posted via SqoolTechs,
LLC's services and, as such, does not guarantee the accuracy, integrity, or
quality of such Content. Under no circumstances will SqoolTechs, LLC be liable
in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, e-mailed, or otherwise transmitted
via SqoolTechs, LLC's services.
You agree to not use SqoolTechs, LLC's
services to:
You acknowledge that SqoolTechs, LLC may not
pre-screen Content, but that SqoolTechs, LLC and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move any
Content that is available via SqoolTechs, LLC's services. Without limiting the
foregoing, SqoolTechs, LLC and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
You acknowledge and agree that SqoolTechs, LLC may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third- parties; or (d)
protect the rights, property, or personal safety of SqoolTechs, LLC, its
users, and the public.
You understand that the technical processing and
transmission of SqoolTechs, LLC's services, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
PUBLIC CONTENT POSTED TO SQOOLTECHS,
LLC
With respect to all Content you elect to post,
upload, input, provide, or submit to SqoolTechs, LLC's services, you grant
SqoolTechs, LLC the royalty-free, perpetual, irrevocable, non-exclusive, and
fully sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed.
INDEMNITY
You agree to indemnify and hold SqoolTechs, LLC, and
its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you
submit, post to, or transmit through SqoolTechs, LLC's services, your use of
SqoolTechs, LLC's services, your connection to SqoolTechs, LLC's services,
your violation of the TOS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, or copy any portion of SqoolTechs, LLC's services, use
of SqoolTechs, LLC's services, or access to SqoolTechs, LLC's
services.
GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that SqoolTechs, LLC may establish
general practices and limits concerning use of SqoolTechs, LLC's services,
including without limitation posted Content that will be retained by
SqoolTechs, LLC's services, the maximum disk space that will be allotted on
SqoolTechs, LLC's servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access SqoolTechs, LLC's services in a
given period of time. You agree that SqoolTechs, LLC has no responsibility or
liability for the deletion or failure to store any data and other
communications or other Content maintained or transmitted by SqoolTechs, LLC's
services. You acknowledge that SqoolTechs, LLC reserves the right to delete
accounts that are inactive for an extended period of time. You further
acknowledge that SqoolTechs, LLC reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
MODIFICATIONS TO SERVICE
SqoolTechs, LLC reserves the right at any time to
modify or discontinue, temporarily or permanently, SqoolTechs, LLC's services
(or any part thereof), with or without notice. You agree that SqoolTechs, LLC
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of SqoolTechs, LLC's services.
BILLING POLICIES
A. All subscriptions will be pre-paid annually.
B. Automatic Billing. SqoolTechs, LLC's billing system will bill your
designated credit card for your annual subscription. SqoolTechs, LLC is
subject to any restrictions imposed by your credit card issuer. If payment
cannot be charged to your credit card or your charge is returned to SqoolTechs
for any reason, including charge back, SqoolTechs reserves the right to either
suspend or terminate your access and account, thereby terminating this
Agreement and all obligations of SqoolTechs hereunder, and thereafter to
collect any amount due.
C. Revision to Subscription Fees. Sqooltechs reserves the right to change the
amount of, or basis for determining, any fees or charges for the SqoolTechs
service, and to institute new fees or charges effective upon prior notice, by
posting such changes on Sqooltechs site, and by sending e-mails to members.
D.
Account Termination. Requests for termination of services may be submitted
by:
E. Payment Options. Sqooltechs accepts
payment via Purchase Order, PayPal, or credit card processed through
PayPal. The following credit cards are accepted: Visa, MasterCard,
American Express and Discover.
F.
Billing Security. PayPal uses Secure Sockets Layer technology that sends your
credit card data to their computers in encrypted
code.
G. Subscriptions paid by credit card will
be renewed automatically each year on the anniversary of subscription. Credit
cards will be charged automatically. To cancel automatic renewal, please send
an email to
admin@Sqooltechs.com.
Subscriptions paid by Purchase Order will be invoiced annually.
TERMINATION
You agree that SqoolTechs, LLC, in its sole
discretion, may terminate your password, username, account (or any part
thereof) or use of SqoolTechs, LLC's services, and remove and discard any
Content within SqoolTechs, LLC's services, for any reason, including, without
limitation, for lack of use or if SqoolTechs, LLC believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
SqoolTechs, LLC may also in its sole discretion and at any time discontinue
providing SqoolTechs, LLC's services, or any part thereof, with or without
notice. You agree that any termination of your access to SqoolTechs, LLC's
services under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that SqoolTechs, LLC may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or SqoolTechs, LLC's services.
Further, you agree that SqoolTechs, LLC shall not be liable to you or any
third party for any termination of your access to SqoolTechs, LLC's
services. Upon termination of services, the user will NOT be entitled to
a refund for the unused portion of their membership.
SQOOLTECHS, LLC'S PROPRIETARY
RIGHTS
You acknowledge and agree that SqoolTechs, LLC's
services and any necessary software used in connection with SqoolTechs, LLC's
services ("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that information presented to you through SqoolTechs,
LLC's services is protected by copyrights, trademarks, service marks, patents,
or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SQOOLTECHS, LLC ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SQOOLTECHS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
SQOOLTECHS, LLC MAKES NO WARRANTY THAT (i) SQOOLTECHS, LLC'S SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SQOOLTECHS, LLC'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SQOOLTECHS, LLC'S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SQOOLTECHS, LLC'S SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SQOOLTECHS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SQOOLTECHS, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SQOOLTECHS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SQOOLTECHS, LLC 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 SQOOLTECHS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SQOOLTECHS, LLC'S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM SQOOLTECHS, LLC'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SQOOLTECHS, LLC'S SERVICES; OR (v) ANY OTHER MATTER RELATING TO SQOOLTECHS, LLC'S SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTICE
Notices to you may be made via either e-mail or
regular mail. SqoolTechs, LLC's services may also provide notices of
changes to the TOS or other matters by displaying notices or links to notices
to you generally on SqoolTechs, LLC's services.
TRADEMARK INFORMATION
SqoolTechs, LLC, the SqoolTechs, LLC logo, and other
SqoolTechs, LLC logos and product and service names are trademarks of
SqoolTechs, LLC. Without SqoolTechs, LLC's prior permission, you agree
not to display or use in any manner, the SqoolTechs, LLC Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
SqoolTechs, LLC respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
SqoolTechs, LLC with the following information:
site;
To report copyright
issues, contact Sqooltechs at:
SqoolTechs, LLC
Attention: Copyright Department
331 Fairview Drive
Union, MO 63084
By
phone: 800-516-0544
By e-mail:
admin@sqooltechs.com
GENERAL INFORMATION
The TOS constitute the entire agreement between you
and SqoolTechs, LLC and govern your use of SqoolTechs, LLC's services,
superseding any prior agreements between you and SqoolTechs, LLC. You also may
be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software. The TOS and
the relationship between you and SqoolTechs, LLC shall be governed by the laws
of the State of Missouri without regard
to its conflict of law provisions. You and SqoolTechs, LLC agree to submit to
the personal and exclusive jurisdiction of the courts located within the
County
of Franklin,
Missouri.
The failure of SqoolTechs, LLC to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of SqoolTechs, LLC's services or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Report any violations of the Terms of Service to
admin@sqooltechs.com