SchoolWorks: An Educational Consulting Group

Legal Information and Copyright Policy
Last Updated August 3, 2007
SchoolWorks® LLC Terms of Use

INTRODUCTION
Welcome to the SchoolWorks Network, owned and brought to you by SchoolWorks, LLC (“SchoolWorks”, “we” or “us”). The SchoolWorks Network currently consists of various web pages at or linked to the URL www.schoolworks.org, which web pages are collectively referred to as the “SchoolWorks Network”, and which may expand or change from time to time. The SchoolWorks Network provides leading education-related information, analytical tools and related services to its customers and end-users. Some areas of the SchoolWorks Network are made available for use by members of the general public (“Public Areas”). Other areas of the SchoolWorks Network are only made available for use by authorized customers and/or end-users of SchoolWorks’ business affiliates (“Private Areas”). The Private Areas of the SchoolWorks Network are or may be subject to separate or additional registration procedures, separate or additional terms and conditions, terms of service, user agreements, and/or similar legal agreements.

1. Acceptance.
By using the SchoolWorks Network, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, you must not use the SchoolWorks Network. We reserve the right, at our discretion, to update or revise these Terms of Use from time to time. It is your responsibility to check these Terms of Use periodically for changes. SchoolWorks also may supplement the Terms of Use with posted guidelines, terms of service or other legal agreements applicable to designated Public Areas and/or Private Areas of the SchoolWorks Network. In addition, the SchoolWorks Network also may offer other services from time to time that are governed by the applicable terms of service of SchoolWorks’ respective service partners or business affiliates.

Your continued use of the SchoolWorks Network following the posting of any changes to or supplementations of, the Terms of Use constitutes acceptance of those changes or supplementations. If you have any questions on the Terms of Use please contact us at info@schoolworks.org. The Terms of Use were last updated on March 22, 2003.

2. Services.
Through the SchoolWorks Network, SchoolWorks can provide you with access to a variety of educational and information resources, including the SchoolWorks® Data Bank and SchoolWorks® Whole Faculty Study Group (collectively, the “Services”). The Services, including any updates, enhancements and new features are subject to the Terms of Use. We reserve the right to change, modify, suspend or discontinue any features of the Services from time to time at our sole discretion. You agree that SchoolWorks will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

3. Limitations on Use.
Unless otherwise specified, the Services are for your personal education-related and non-commercial use only. You acknowledge and agree that all content and materials available on the SchoolWorks Network are protected or protectable by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SchoolWorks, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content for any commercial purposes. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SchoolWorks is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. We reserve the right to restrict or deny access and to refuse Services if we believe the conduct of a user violates applicable laws or is harmful to SchoolWorks or its reputation and goodwill, to members of the public (including minors), to SchoolWorks’s business affiliates, or to their and our other customers.

4. Notice Specific to Documents Available on the SchoolWorks Network.
Notwithstanding the above, you may print or download a reasonable number of copies of the documents and other textual materials (collectively, “Documents”) made available on the SchoolWorks Network for your personal education-related and non-commercial use, provided (a) you keep intact any copyright and other proprietary notices, (b) your use of such Documents from the Services is for education-related non-commercial use only and will not be copied or posted on any network computer or broadcast in any media that is generally accessible to the public, and (c) no modifications of any Documents are made, except as may be expressly provided by SchoolWorks or the third-party provider on the web page containing the applicable Document. You acknowledge that SchoolWorks and/or the third-party providers remain the owners of the Documents and that you do not acquire any intellectual property rights in such Documents by downloading or printing the Documents. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, and their respective employees, may download and reproduce copies of the Documents for distribution in a classroom or other education-related context. Any use or distribution of Documents outside a classroom or other education-related context requires express written permission of SchoolWorks. Use or distribution of the Documents for any other purpose is expressly prohibited.

Documents specified above do not include the design or layout of the SchoolWorks Network. Elements of the design and layout of the SchoolWorks Network are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image included in the design or layout of SchoolWorks Network may be copied or retransmitted unless expressly permitted by SchoolWorks.

5. Use of Interactive Services.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively “Interactive Services”). You agree to use the Interactive Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Interactive Service. By way of example, and not as a limitation, you agree that when using the Interactive Services, you will not:

Use the Interactive Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), or otherwise advertise or offer to sell or buy any goods or services for any commercial purpose.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Violate any applicable laws or regulations.

SchoolWorks has no obligation to monitor the Interactive Services. However, SchoolWorks reserves the right to review materials posted to the Interactive Services and to remove any materials in its sole discretion. SchoolWorks reserves the right to terminate your access to any or all of the Interactive Services at any time, without notice, for any reason whatsoever.

SchoolWorks reserves the right at all times to disclose any information as SchoolWorks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SchoolWorks’ sole discretion.
Always use discretion when giving out any personally identifiable information in any Interactive Services. SchoolWorks does not control or endorse the content, messages or information found in any Interactive Services and, therefore, SchoolWorks specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Services.

Materials uploaded to the Interactive Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

You acknowledge that by using Interactive Services you may be involuntarily exposed to material placed on it by others that is offensive or obscene. By using our web site you acknowledge that you assume this risk.

6. Your Information.
The term “Your Information” means collectively the following: (i) any information or materials you may provide to us in connection with our registration or authorization processes, your use of any Services, or in email or other correspondence with us, (ii) any information or materials you provide to other users of the SchoolWorks Network in any public message board or chat room area or in connection with your use of any Services, and (iii) any information or materials you provide to the business affiliates of SchoolWorks in connection with your use of any Services. Please note that the information and materials included in Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials.
You represent, warrant and agree that Your Information does not and shall not (i) violate any applicable law (including, without limitation those relating to import and export control, consumer protection, and false advertising, the Family Education Rights and Privacy Act of 1974, as amended, and the No Child Left Behind Act of 2001, as amended), (ii) infringe the intellectual property rights of any third party, including without limitation any copyright, patent, trademark, trade secret or other proprietary rights, (iii) infringe the right to privacy or publicity of any third party, (iv) defame any third party or contain libelous material, (v) contain obscene or pornographic material, (vi) contain any virus or other computer programming that may damage, intrusively monitor, compromise the security of, or otherwise interfere with the operation of the SchoolWorks Network or the Services, or data provided by other participants on the SchoolWorks Network, (vii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail”, “spam”, “chain letters”, or “pyramid schemes”, or (vii) damage the reputation, business or goodwill of SchoolWorks, its business affiliates, or any of their respective subsidiaries, affiliates, suppliers or customers.
In addition to any other lawful remedies, if we believe that any of Your Information posted on the SchoolWorks Network does not conform to the foregoing requirements or otherwise may expose you or SchoolWorks, its business affiliates or any of their respective subsidiaries, affiliates, suppliers or customers to potential liability or the threat of litigation, then SchoolWorks may, in its sole discretion, delete such information. You agree that you shall be solely liable for any claims or damages resulting from any infringement of copyrights, proprietary rights, or other legal rights or any other harm resulting from the submission of Your Information.

SchoolWorks does not claim ownership of the materials you provide to SchoolWorks in connection with your use of the SchoolWorks Network or that you post, upload, input or submit to any Services. However, to enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you automatically grant, and/or warrant that the owner has granted, to SchoolWorks a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) license to exercise all of the copyright and publicity rights you have in Your Information, and to edit, reformat, and make derivative works based on Your Information and exercise all of the copyright and publicity rights in such derivative works, in each case in any media now known or hereafter existing. If you submit material included in Your Information to any Interactive Services, you also permit any other user of the Services, subject to any restrictions expressly stated by you, to access, view, store, and reproduce Your Information to the same extent permitted in Sections 3 and 4 above.

7. Trademarks.
® is a registered trademark of SchoolWorks LLC in the United States. Our trademark may not be used in connection with any service, product or in any manner without the expressed written permission of SchoolWorks LLC.

8. Third Party Sites.
The SchoolWorks Network and/or the Services may produce automated search results or otherwise make available to you links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SchoolWorks, and you acknowledge that SchoolWorks is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by SchoolWorks or any association with its operators.

9. Copyright Infringement.
If you believe that your work, or the work of any other person, has been copied and is accessible on the SchoolWorks Network in a way that constitutes copyright infringement, please notify us at info@schoolworks.org.

10. Disclaimer of Warranties.
THE SCHOOLWORKS NETWORK, THE SERVICES, DOCUMENTS AND ANY RELATED CONTENT, MATERIALS AND FEATURES ARE PROVIDED BY SCHOOLWORKS EXCLUSIVELY ON AN “AS IS” BASIS ONLY. SCHOOLWORKS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE AT THE SCHOOLWORKS NETWORK, WHETHER SUPPLIED BY SCHOOLWORKS, ITS BUSINESS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER SOURCES. SCHOOLWORKS MAKES NO WARRANTY THAT USE OF THE SCHOOLWORKS NETWORK OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SCHOOLWORKS NETWORK OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCHOOLWORKS MAKES NO RESPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SCHOOLWORKS NETWORK AND SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. Some jurisdictions may not allow the exclusion of certain warranties, and such exclusions may therefore not apply to you.

11. Limitations of Liability.
NEITHER SCHOOLWORKS, ITS BUSINESS AFFILIATES, SUPPLIERS, LICENSORS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SCHOOLWORKS NETWORK, SERVICES OR THEIR CONTENT, INFORMATION AND FEATURES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, and such exclusions may therefore not apply to you.

12. Indemnification.
Upon a request by SchoolWorks, you agree to defend, indemnify, and hold harmless SchoolWorks and its subsidiary and other affiliated companies, any affiliated companies that have a customer or other business relationship with SchoolWorks, and their respective employees, contractors, officers, and directors from all liabilities, losses, claims and expenses, including attorney's fees and costs of investigation, that arise from your use, misuse or inability to use the SchoolWorks Network or the Services and/or from any breach by you of these Terms of Use. SchoolWorks reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SchoolWorks in asserting any available defenses.

13. Termination; Survival.
You may discontinue your participation in and access to the SchoolWorks Network and Services at any time. The provisions of these Terms of Use will continue to apply to all past uses of the SchoolWorks Network and the Services by you, even if you are no longer using them. You acknowledge and agree that SchoolWorks and its affiliates may terminate or block your use of the SchoolWorks Network or all or part of the Services, without prior notice for any reason, including, without limitation, if SchoolWorks believes you have engaged in conduct prohibited by the Terms of Use. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the SchoolWorks Network and use of the Services.

14. General.
The SchoolWorks Network is controlled, operated and managed from a location in the Commonwealth of Massachusetts. By accessing the SchoolWorks Network you agree that the Terms of Use constitute an agreement between you and SchoolWorks that shall be governed in all respects by the laws of the Commonwealth of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents and without giving effect to any principles of conflicts of laws. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible by applicable law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of the Terms of Use by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches. Any waiver of rights by us must be made pursuant to a signed written instrument. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed by you only in state or federal court located in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and conditions. Any cause of action you may have with respect to the SchoolWorks Network, the Services or the Terms of Use must be commenced within one (1) year after the claim or cause of action arose, or shall be forever barred.

© Copyright 2007 SchoolWorks® LLC. All rights reserved.