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.
