Last Revised: February 2, 2014
School Improvement Network, LLC (“SINET”, “we”, “us”, or “our”) welcomes visitors to the SINET website located at www.schoolimprovement.com (the “Website”).
The Website is owned and operated by SINET. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the “Content”) contained in this Website are proprietary to SINET, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws. The word “SINET,” the “SINET” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of SINET. You shall not use any tradename, trademark, or brand name of SINET in metatags, keywords and/or hidden text. We reserve all rights. You do not acquire ownership rights to any Content. We may revoke your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
2. USER ACCOUNTS.
To access certain portions of the Website, you will be asked to register with the Website. In consideration for your use of this Website and the services provided on it, you agree to comply with our End User License Agreement (“EULA”) and to provide current and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify SINET of any unauthorized use of your password or username or any other breach of security. You agree not to allow any third party to use your username or password. You acknowledge and agree that you will be fully responsible for all liabilities incurred through use (whether lawful or unlawful) of your username and/or password.
3. PURCHASES, FEES, AND REFUNDS.
You may purchase certain educational support products and services via the Website (“Products”). When you order a Product, you agree to pay us the applicable fees set out on the Website in advance of shipping. However, from time to time, we may prepare and send to you, at the then-current contact information on file, invoices for any fees and other amounts that have become due and payable hereunder, including for payments that were dishonored after a Product was shipped. Unless otherwise expressly stipulated in an invoice, you agree to pay all invoiced amounts within thirty (30) calendar days of the invoice date. You will not withhold or “set-off” any amounts due under this agreement. We reserve the right to suspend your access to the Website until all due amounts are paid in full. Any late payment will be increased by the costs of collection (including reasonable legal fees), and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less) per month or fraction thereof until fully paid. All fees and charges included under this agreement do not include, and you will pay, indemnify and hold us harmless, from all sales, use, gross receipts, value-added, GST/HST, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this agreement, other than taxes based on the net income or profits of SINET.
We try to process orders as quickly as possible and most orders are usually processed within a few days, however, we reserve the right to take up to 6-8 weeks for processing.
In addition, in rare circumstances, we may need to cancel an order; for example, if we do not have enough inventory to fill the order, we cannot ship your order to the address provided, our fraud detection department determines that the order cannot be accepted, or we identify errors in pricing or descriptions. If all or part of your order is canceled, we will notify you as soon as possible. We may also need to contact you to verify information regarding your order. To ensure a successful transaction, we do charge you at the time of purchase. If you decide to cancel your order prior to shipping, you will be refunded via the method used to place your order.
We accept returns of faulty or defective Products up to 100 days after an order is placed. To return a product, email email@example.com to obtain return information. We do not take title to returned Products until we receive the product. In our discretion, we may choose to issue a refund or send a replacement Product without requiring a return. In this situation, we do not take title to the refunded item. We reserve the right to take up to 6-8 weeks for processing.
It is important to note that certain Products may be provided by third parties (“Owners”) that are not affiliated with us (“Third Party Products”). Please understand that SINET has no control over Third Party Products, including any content of a Third Party Product. Consequently, SINET cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained in any Third Party Product.
The presence of Third Party Products on our Website do not imply that we sponsor, endorse or are affiliated or are associated with, such Third Party Products or the suppliers of such Third Party Products.
4. RESTRICTIONS ON USE.
You agree to use the Website only for legal, internal-use purposes, and in compliance with all applicable federal, state and local laws and regulations.
Without limiting the foregoing and in connection with your use of the Website, you agree not to:
a. copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Website for any purpose other than for which the Website is provided to you;
b. use the Website or any Product available through the Website to conduct or promote any illegal activities, including identity theft or pretexting;
c. attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
d. attempt to gain access to secured portions of the Website unless you have created an account and agreed to our EULA ;
e. upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
f. interfere in any way with the proper functioning of the Website, or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
g. use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website for commercial use without our prior express written permission;
h. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
i. mirror or frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
j. use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text;
k. create derivative works from the Website or commercially exploit any part of the Website in any way;
l. use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or
m. alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
5. DISCLAIMER / LIMITATION OF LIABILITY.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THE WEBSITE, INCLUDING THE PRODUCTS, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SINET DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL SINET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY PRODUCT, EVEN IF SINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
You hereby release us, our officers, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with the individuals who are the subject of a Report requested by you, or (2) your use and receipt of any Report. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
8. DIGITAL MILLENNIUM COPYRIGHT ACT.
SINET is committed to respecting and protecting the legal rights of copyright owners and adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).
If you believe any Product infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to SINET’ designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have 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; and
f. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
SINET’ Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that for SINET to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
In accordance with Section 230 of the U.S. Communications Decency Act, SINET generally cannot be held liable for claims arising from any Third Party Product provided by third parties on the Website.
9. CHANGES AND TERMINATION.
10. APPLICABLE LAWS AND ARBITRATION.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AND YOU AGREE THAT YOU SHALL ONLY BRING A CLAIM AGAINST SIN, ITS PARENTS, AFFILIATES, OR RELATED COMPANIES IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY CLAIM OR ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Except for a claim that SINET may have against you, any and all disputes between you and SINET arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and SINET must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
For claims that SINET has against you, or claims or disputes that would otherwise have been arbitrated but this agreement to arbitrate is held unenforceable by a court, such claims shall be exclusively brought in the state courts located in Salt Lake City, Utah, or federal courts located in the Utah, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
11. DISCLOSURES, NOTICES, AND ELECTRONIC COMMUNICATION CONSENT.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.