TERMS OF USE Agreement with Terms and
Conditions
This agreement sets forth the terms and conditions that apply
to use of SchoolTools.us ("Agreement") by you, an individual accessing
SchoolTools.us ("Visitor"). By accessing SchoolTools.us, you agree to
the following terms and conditions. If you do not agree, you have no right
or license to access SchoolTools.us and you should not do so.
Changes in Terms and Conditions
Cattaraugus-Allegany BOCES. ("CA BOCES") has the right to change
or discontinue any aspect or feature of SchoolTools.us, including, but
not limited to, content, hours of availability, and equipment needed for
access or use, at any time. CA BOCES has the right to change or modify
the terms and conditions applicable to Visitor's use of SchoolTools.us,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use at any time. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on
SchoolTools.us, or by electronic or conventional mail, or by any other
means by which Visitor obtains notice thereof. Any use of SchoolTools.us
by Visitor subsequent to such notice shall be deemed to constitute acceptance
by Visitor of such changes, modifications or additions.
Conduct of Visitor
Lawful Use Visitor
shall use SchoolTools.us for lawful purposes only. Visitor shall not post
or transmit through SchoolTools.us any material which: (i) violates or
infringes in any way upon the rights of others; (ii) is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable; (iii) encourages conduct
that would constitute a criminal offense, gives rise to civil liability
or otherwise violates any law; or (iv) contains advertising or any solicitation
with respect to products or services, unless CA BOCES has expressly approved
such material in advance of its transmission. Any conduct by a Visitor
that in CA BOCES's discretion restricts or inhibits any other Visitor
from using or enjoying SchoolTools.us is expressly prohibited.
Downloading of Intellectual Property
SchoolTools.us contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music, and sound, portions of which are owned by CA BOCES and
portions of which are owned by other parties. The entire contents of SchoolTools.us
are copyrighted as a collective work/compilation. CA BOCES owns copyright
in the selection, coordination, arrangement, and enhancement of such content,
as well as in the content original to it. No Visitor may modify, publish,
transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. Visitor
may download one (1) single copy of the copyrighted material for Visitor's
personal or classroom, non-commercial use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of CA BOCES (or the copyright
owner(s) if other than or in addition to CA BOCES). In the event of any
permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend, copyright
or other proprietary notice shall be made. Visitor acknowledges that he/she
does not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property
Visitor shall not upload, post or otherwise make available on SchoolTools.us
any material protected by copyright, trademark, or other proprietary right,
without the express written permission of the owner of the copyright,
trademark, or other proprietary right, and the burden of determining that
any material is not protected by copyright rests with Visitor. Visitor
shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area of SchoolTools.us,
Visitor automatically grants, or warrants that the owner of such material
has expressly granted, CA BOCES the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that
may exist in such material. Visitor also permits any other Visitor to
access, view, store or reproduce the material for that Visitor's personal
use. Visitor hereby grants CA BOCES the rights to edit, copy, publish
and distribute any material made available on SchoolTools.us by Visitor.
Copyrights and Copyright Agents
CA BOCES 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 the CA
BOCES Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
The CA BOCES Copyright Agent for Notice of claims of copyright
infringement on its site is Lynda Quick who can be reached as follows
by mail: Lynda Quick
c/o Cattaraugus-Allegany BOCES
1825 Windfall Road
Olean, NY 14760
By phone: (716) 376-8200
By email: Lynda_Quick@caboces.org
Trademarks
Unless otherwise indicated, trademarks that appear on this site are trademarks
of CA BOCES or its affiliates. All other trademarks not owned by The CA
BOCES or its affiliates that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to,
or sponsored by The CA BOCES or its affiliates.
CA BOCES Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by CA BOCES, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. CA BOCES
grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by CA BOCES for use in accessing the Service.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
Postings
No Responsibility or Liability
To the extent that portions of SchoolTools.us (such as "chat rooms" or
"discussion boards") provide users an opportunity to post and exchange
information, ideas and opinions ("Postings"), BE ADVISED THAT CA BOCES
DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON
SCHOOLTOOLS.US, and Postings do not necessarily reflect the views of CA
BOCES. To the fullest extent permitted by applicable laws, CA BOCES shall
in no event have any responsibility or liability for the Postings or for
any claims, damages, or losses resulting from their use and/or appearance
on SchoolTools.us.
Monitoring
CA BOCES reserves the right to monitor all Postings and to remove
any which it considers in its absolute discretion to be offensive or otherwise
in breach of these terms and conditions.
Warrant that You Have All Necessary Rights
You hereby represent and warrant that you have all necessary rights in
and to all Postings you provide and all material they contain; that your
Postings shall not infringe any proprietary or other rights of third parties;
that your Postings shall not contain any viruses or other contaminating
or destructive devices or features; that your Postings shall not contain
any defamatory, indecent, offensive, tortious, or otherwise unlawful material
or content; and that your Postings shall not be used to carry out or solicit
any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use
You hereby authorize CA BOCES to use and/or authorize others to use all
or part of your Postings in any manner, format, or medium that CA BOCES
or such other parties see fit. You shall have no claim or other recourse
against CA BOCES for infringement of any proprietary right in Postings.
Disclaimers and Limitation of Liability
Use Is At Visitor's Risk
VISITOR EXPRESSLY AGREES THAT USE OF SCHOOLTOOLS.US IS AT VISITOR'S
OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY
OF VISITOR'S PASSWORD(S), IF ANY. NEITHER CA BOCES, ITS AFFILIATES, NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS,
WARRANT THAT SCHOOLTOOLS.US SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF SCHOOLTOOLS.US, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SCHOOLTOOLS.US.
PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS
AND OTHER MATERIAL ON SCHOOLTOOLS.US OR ANY SITES WITH WHICH IT IS LINKED.
CA BOCES PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT
LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT
THE INTERNET. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION,
CA BOCES MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING
THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION
AND CA BOCES ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES
UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT
ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE
OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES
MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO
OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT
OCCUR
No Warranties of SchoolTools.us's Service
SCHOOLTOOLS.US IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
Disclaimer of Liability
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES
THAT CA BOCES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages
IN NO EVENT WILL CA BOCES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING SCHOOLTOOLS.US BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SCHOOLTOOLS.US.
VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON SCHOOLTOOLS.US. IN ADDITION TO THE TERMS SET FORTH
ABOVE, NEITHER CA BOCES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SCHOOLTOOLS.US,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES.
Indemnification
Visitor agrees to defend, indemnify and hold harmless CA BOCES, its affiliates
and their respective directors, officers, shareholders, employees, agents,
and assigns from and against all claims and expenses, including attorneys'
fees, arising out of Visitor's use of SchoolTools.us.
Equipment for Visitor's Use
Visitor shall be responsible for obtaining and maintaining all telephones,
computer hardware, and other equipment needed for access to and use of
SchoolTools.us and for any/all charges related thereto.
SchoolTools.us's Content
A portion of SchoolTools.us's content is supplied by third parties. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, are those of the respective author(s) or distributor(s) and
not of CA BOCES. Neither CA BOCES nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. CA BOCES neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on SchoolTools.us by anyone other than employee
spokespersons of CA BOCES while acting in their official capacities.
Entire Agreement
This Agreement, and any operating rules for SchoolTools.us established
by CA BOCES, constitutes the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter.
Controlling Law
This Agreement shall be construed in accordance with the laws of the State
of New York, without regard to its conflict of laws rules. Any cause of
action of any nature arising out this Agreement shall be brought in the
County of Cattaraugus.
Headings
The section headings used herein are for convenience only and shall not
be given any legal import whatsoever.
Violations
Please report any violations of this Agreement to our software support
group. |
