Terms and Conditions

Terms and conditions of Use:

PLEASE READ THIS PAGE CAREFULLY BEFORE EXPLORING OUR WEBSITE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SmartAtSchool, LLC (THE “COMPANY”).

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF WWW.SMARTATSCHOOL.COM AND ANY DERIVATIONS ACCESSED VIA MOBILE DEVICES (THIS "SITE"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE"), AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS OF USE REGULARLY.

Privacy: Your privacy is important to us. Please refer to the Company’s Privacy Policy for information regarding the Company’s collection, Use and storage of users information.

DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AS “AS IS” AND “AS AVAILABLE’ BASIS. SMARTATSCHOOL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPATABILITY, SECURITY AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTATSCHOOL OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT CONTENT AVAILABLE WILL BE FREE OF VIRUSES, WORMS OR OTHER MALICIOUS CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

LIMITATION ON LIABILITY:

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES , CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ( EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR THE INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, DISCONTINUE TO USE THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND THEIR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

INDEMNITY:

You will indemnify and hold The Company, its parents, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also defend, indemnify, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to your use of the Content accessed from this Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Company's defense of such claim.

PROHIBITED CONDUCT:

You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without The Company's prior written consent; You may not post, send, submit, publish, or transmit, through, by or in connection with this Site any material that, You do not have the right to post, including proprietary material of any third party; Make any attempt to compromise the security of any user's account, through fraudulent activity, or any other means; Threatens or abuses others, libels, defames, invades privacy, stalks, ethnically offensive, abusive, harassing, offensive, vulgar, obscene, pornographic or indecent, embarrassing, or otherwise inappropriate; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; Modify, adapt, translate or create derivative works based upon the website; Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website; Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; Includes programs which contain viruses, worms, or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; violates any applicable criminal or civil law or may be considered to violate any law;

THIRD PARTY WEBSITES, LINKS:

The Company may provide hyperlinks or references to other sites ("Third Party Sites") solely as a convenience to you. A hyperlink to a service or site is not an endorsement of the service or site, its content. Because smartatschool has no control over the content and nature of these sites, you acknowledge and agree that the Company is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Third Party Sites are to be accessed at your own risk and The Company is not liable for any direct or indirect computer system damage or other problems you may incur as a result of clicking on a link to any Third Party Site.

MODIFICATION:

The Company reserves the right at any time to change,modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.

TERMINATION:

The Company reserves the right, in its sole discretion, to restrict, suspend or terminate Your account (or any part thereof) or use of service, for any reason without prior notice, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this agreement, or for our convenience. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and you acknowledge and agree that The Company 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 the Service and You agree that the Company will not be liable to You or any third party for any such termination.

PROPRIETORY INFORMATION:

The site and all the information it contains, or may contain in the future, including, but not limited to graphics, design, logos, computer code, software services, videos (collectively “ the Content”) is the property of the Company and are protected by US and international copyright law, patents, trademark law, and other applicable laws governing intellectual property laws. Content may not be copied, reproduced, performed, displayed, distributed, republished, sell, uploaded, downloaded, posted, create derivative works or transmitted in any way without the prior written consent of The Company, which may be withheld in its sole discretion, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions of Use violates The Company's or its licensor's intellectual property rights. Neither title nor intellectual property rights are transferred to you by your use of or access to this Site.

MISCELLANEOUS:

These Terms and Conditions of Use will be governed and interpreted pursuant to the laws of the state of California, United States of America, notwithstanding any principles of conflicts of law.Our failure to exercise or enfore any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms and Conditions of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof. 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 the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CONTACT: Any questions may be directed to SmartAtSchool Contact us page.