Charter School Tools - User Agreement

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User Agreement

Charter School Tools LLC ("Charter School Tools", "we", "us" or "our") welcomes you to our website ("Site"). Our Site is meant to help you operate your charter school or organization more efficiently and effectively, and find resources and vendors that may help you fulfill your school's or organization's mission.

Please read this User Agreement carefully, because by visiting or using our Site, you agree to be legally bound by and comply with the following terms. If you do not agree with these terms, you are not authorized to use the Site and should exit immediately.

We may revise this User Agreement from time to time. We recommend that you periodically review this page. All amended terms of this User Agreement are automatically effective immediately when they are posted on the Site and shall have prospective application only.

The failure of Charter School Tools to exercise or enforce any right or remedy or any provision of this Agreement shall not constitute a waiver of such right, remedy, provision or cause of action.

Participation Eligibility

You are responsible for providing accurate, timely and complete information to us, our agents, affiliates, and third-party service providers, in connection with your participation and/or use of this Site. Your status as a registered user and/or participation in Site activities may be canceled without notice if, at any time, we discover that you provided false information or violated any term of this Agreement or our Privacy Policy as determined in our sole discretion. Charter School Tools, its affiliates, governing board, officers, employees and agents are not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to us.

If necessary, and in accordance with applicable law, Charter School Tools will cooperate with local, state and/or federal governmental authorities as required or to protect the Site, the Site Materials, visitors, affiliates, agents and third-party service providers or to prevent unauthorized use of the Site.

Third Party Websites

At your request, we may refer your information to vendors, providers or organizations that may have products, services or resources that may help you operate your school or organization or we may provide links to services offered by third parties. If you make use of those services offered through such third-party provider's website, you shall be considered a user of that third-party provider's website and expressly agree to be bound by that third-party provider's terms and conditions of use or service in addition to this User Agreement and that any information that you submit or that the website collects will be subject to the third-party provider's privacy policy.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes our practices with respect to any personal information that we collect from visitors to this Site. Our Privacy Policy is incorporated into by reference and made partof this User Agreement.

Participation Eligibility

You may be required to select a password, user name, and/or other security item for certain Site features. You are responsible for maintaining the confidentiality of your password and any other registration or security information. You are expressly prohibited from allowing anyone other than yourself to use your password and other registration information to access any of the features offered on the Site or Site Materials (as defined below). You agree to immediately notify us of any unauthorized use of your password or other registration information and furtheragree to indemnify and hold Charter School Tools, its affiliates, governing board, officers, employees, members, agents and any third-party providers harmless for any improper or illegal use of your password or registration information.

You may request changes, updates or deletion of certain information either by operation of this Site or by contacting us via e-mail. If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your registration and delete all or part of your profile, to the extent allowed by law and in accordance with our Security Measures noted below.

Any conduct that violates this User Agreement, or any additional posted policies or requirements, in any way may result in the suspension or termination of your registration and access to the Site or Site Materials, at our sole discretion, in addition to any other remedies.

Site Materials

Charter School Tools provides content, resources, files, documents and other information that may be helpful to operators of charter schools or charter school organizations. We may also accept content, resources, files and documents from third parties that allow us to make their information available to you. Collectively, such content, resources, files, documents, our website pages, and other information contained therein, including Downloadable Content (as defined below), are referred to as the Site Materials.

Copyright and Trademark

The content, resources, files, documents and other information or materials displayed on this Site, including without limitation any graphics, names, and logos, are the property of Charter School Tools and are protected by copyright and other intellectual property laws, and all of our rights are reserved. Except with respect to Downloadable Content (as defined below) you agree not to download, reproduce, retransmit, distribute, disseminate, sell, publish or otherwise use any material from the Site, or copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any of our Site Materials without the express prior written consent of Charter School Tools. Any unauthorized use of any content, information or materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

Limited License for Downloadable Content

Charter School Tools provides online content that is available for download on either a free or a paid basis ("Downloadable Content"). We grant you a limited license to download, view, copy and print the Downloadable Content on any single, stand-alone computer solely for your personal, informational or, if you are an operator of a charter public school, for your internal use subject to the express limitations contained in this User Agreement ("Limited License"). The Downloadable Content, including any derivative thereof, shall not be used in whole or in part: (i) for sale, license, distribution or loan to third parties, publication, republication, broadcasting, or posting to a website, networked computing system or devices or information sharing system; or (ii) in conjunction with or to support the provision of consulting, advising, legal or other similar services. The license is limited to the form in which the content is delivered through the download. By way of example, if the Downloadable Content is provided by this Site in a non-editable portable document format (pdf), it may not be converted or used in an editable program. This Limited License applies solely to Downloadable Content that is obtained through the authorized use of the download functionality of this Site. This Limited License terminates automatically: (i) without notice if you breach any of the terms or conditions of this User Agreement; or (ii) upon written notice by us to you that we have determined in our sole discretion to terminate the Limited License granted to you with respect to some or all of the Downloadable Content. In the event of any such termination, you agree to immediately destroy any and all electronic and printed copies of all Downloadable Content and promptly certify to us in writing that you have done so.

Acceptable Use

You may use our Site and Site Materials only under the terms of this User Agreement for browsing while connected to the internet. Except as provided otherwise by this User Agreement with respect to certain activities regarding Downloadable Content, you may not save any page or any Site Materials in any format on your computer or any local computer. You may not download any page or any Site Materials using any type of web page editing software, and you may not access any page or multiple pages with an automatic user agent (e.g., an offline browser) except for search engine indexing.

You may set up links from other web pages to the home page of this Site (www.charterschooltools.org) as long as the entire page you link to is loaded into the visitor's browser when the visitor clicks through on the link, and the link does not cast us in any false or misleading light or associate us with any illegal conduct. You may not frame the content of the Site. You may not deep link into this Site without our express prior written consent. You may not use metatags or any other hidden text that incorporates our name or any of Charter School Tools trademarks without our express prior written consent.

When accessing or using the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

is false, fraudulent or misrepresents identity or personal information in any way;
is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of other legal rights of any person;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, including but not limited to, downloading, reproducing, using, posting or distributing any music or other audio files, video, photographs, or other visual content or any article, publication or other content without the permission of the owner;
contains unauthorized advertising or solicits other visitors;
engages in theft or unauthorized use of funds, property or credit card or other personal information;
is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware, Site Materials or other content on this Site, including, but not limited to, intentionally releasing any virus, worm, or other harmful programming or item, engaging in any form of "denial of service" or similar attack;
restricts, inhibits or otherwise interferes with the ability of another person to access, use or enjoy this Site;
misleads anyone as to your identity, including, without limitation, by pretending to be someone else, falsifying personal information or concealing your true identity;
harvests or otherwise collects information about others, including, without limitation, email addresses; or
that otherwise violates the prohibitions contained in other Charter School Tools policies

If we determine, in our sole discretion, that you have violated the terms of this User Agreement you may be subject to, among other remedies to which we may be entitled, being prohibited from using the Site or Site Materials. We reserve the right to ban any user by blocking the user's internet protocol address or any other means.

Copyright Compliance

When accessing or using this Site or Site Materials you agree to obey the law and you agree to respect the intellectual property rights of others, including ours. Your use of the Site and Site Materials is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by you whether knowingly or unknowingly.

Charter School Tools has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Charter School Tools or of a third party or that violate intellectual property rights generally. Our policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like Charter School Tools to remove the material in question, please provide us with a written notice of claimed infringement under Title II of the Digital Millennium Copyright Act ("DMCA"). To be effective, the notification must be in writing and provided to the person designated below. In accordance with DMCA, the notification of claimed infringement must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Charter School Tools to locate the material. If, however, the claim is that we are referring or linking users of this Site or the Site Materials to an online location containing infringing material or infringing activity by using location tools, then the identification must be of the reference or link to material or activity claimed to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notices complying or substantially complying with the DMCA, as specified above, Charter School Tools will act expeditiously to remove, or disable access to, the material claimed to be infringing or claimed to be the subject of infringing activity.

How To Give Notice

Any notices of claimed infringement should be directed to:

Charter School Tools LLC
Attention: Copyright Enforcement
620 Florida Street, Suite 110
Baton Rouge, LA 70801
Telephone number: 225-387-8605
Email address: copyright@charterschooltools.org

The words "Notice of Infringement" should be put in the subject line of all such notifications. Any such notification should contain sufficient detail to reasonably permit us to evaluate and respond to the claim.

Any person or entity delivering a notice relating to a claimed infringement by a user of this Site or the Site Materials should also notify that user. Notice to Charter School Tools does not constitute notice to such user. Any person or entity with a claim of infringement against a user of this Site or the Site Materials should consult his, her or its own attorney.

Unsolicited Submissions

Unless required by this User Agreement or governed by our Solicited Submission Terms and Conditions, you should not submit confidential or proprietary information to us through this Site or via e-mail or other electronic messaging services ("Unsolicited Materials"). All Unsolicited Materials, whether comments, feedback, information or material submitted to us through or in association with this Site or via email or other electronic messaging services shall be deemed non-confidential and the exclusive property of Charter School Tools. By providing Unsolicited Materials to us, you hereby irrevocably assign to Charter School Tools, at no charge, all worldwide rights, title and interest in and to the submissions and any intellectual property rights associated therewith. We shall be free to use, modify, publish, republish, broadcast, copy and/or disseminate such Unsolicited Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for Unsolicited Materials that you provide, including their legality, non-infringement, reliability, appropriateness, originality and content.

Site Materials Are Not Advice

Any Site Materials including, but not limited to Downloadable Content, whether provided by us or by a third party or advertiser on our Site, is made available for informational purposes only and do not constitute legal, financial, or tax advice, nor are we responsible for the accuracy or any other aspect of the content provided by any third party. You should not act or rely on any Site Materials or other information on this Site without explicitly seeking the advice of an appropriately licensed professional.

Warranty Disclaimer

THE SITE AND SITE MATERIALS, INCLUDING, BUT NOT LIMITED TO DOWNLOADBALE CONTENT, PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARTER SCHOOL TOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CHARTER SCHOOL TOOLS MAKES NO WARRANTY THAT: (A) THE SITE OR THE SITE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR SITE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY SITE MATERIALS, INCLUDING BUT NOT LIMITED TO DOWNLOADABLE CONTENT, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE SITE OR SITE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY SITE MATERIALS OR OTHER MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CHARTER SCHOOL TOOLS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FOR ANY REASON FROM THE DOWNLOAD OF ANY SITE MATERIAL, INFORMATION OR SOFTWARE.

Limitation of Liability

IN NO EVENT SHALL CHARTER SCHOOL TOOLS, OUR OFFICERS, GOVERNING BOARD, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR SITE MATERIALS, EVEN IF CHARTER SCHOOL TOOLS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF THE SITE OR SITE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Charter School Tools, our officers, members, employees, agents and third party service providers from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and/or the Site Materials.

Advertisers and Affiliates

If you have any interaction or dealings with an advertiser, or affiliate thereof, on this Site, including but not limited to purchase and/or payments for goods and services, the terms and conditions related to such payments, such dealings, transactions or understandings are solely between you and the advertiser or affiliate. Charter School Tools shall not be liable, either directly or indirectly, for any loss, injury or damage resulting from actions or inactions of such advertisers or affiliates or from any relationship or transactions you may have with them.

Governing Law

The Site originates and is located in the United States. By visiting or using this Site and/or Site Materials, or by providing information to us or to our third-party service providers, you agree that your use of the Site and/or Site Materials, which may include transferring information from the country where you reside to the United States, and this User Agreement shall be governed and construed in accordance with the laws of the State of Louisiana without regard to its conflicts of law principles. Any legal action or proceeding relating to your access to or use of the Site or Site Materials shall be instituted in a state or federal court in Louisiana. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Termination

We may terminate the Site, this User Agreement and/or your authorization to use the Site or any Site Materials at any time without notice for any reason, including your violation of any of the provisions of this User Agreement. The Warranty Disclaimer, Limitations of Liability, Indemnification and Governing Law sections of this User Agreement shall survive any such termination of this User Agreement.

Collection of Information from Children

We will not knowingly collect Personal Information (as defined in the Privacy Policy) from visitors under thirteen (13) years of age for activities or features on our Site. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, their registration or participation will be canceled immediately, and all Personal Information will be deleted from our files.

Security Measures

Please review our Privacy Policy for information on our security measures and the protection of your personal information. While Charter School Tools maintains procedures to protect Personal Information, no such procedures can prevent all breaches and we cannot guarantee the safety of Personal Information. Charter School Tools, its affiliates, governing board, officers, employees, members, agents and third party providers are not responsible for any resulting direct or indirect damages to any visitor for any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, or any other technical or other malfunction.

Agreement last modified July 20, 2010
© 2014 Charter School Tools, LLC. All Rights Reserved.