schoolGO Terms of Use

Last Modified: May 5, 2014

ClearVision Technologies, Inc. ("CVT", "schoolGO", "we" or "our") offers three different types of account: a free individual account ("schoolGO Free"), a paid individual account (“schoolGO +Plus”) and a paid group account for schools and school districts ("schoolGO Premium") (collectively, our "Service"). These general Terms of Use ("Terms") govern your access to and use of the Services. You should carefully read these Terms and the applicable agreement before using the Services because by using and/or visiting the Services you agree to be bound by these Terms and the applicable agreement. If you are using the Services on behalf of an organization, you are agreeing to these Terms and the applicable agreement on behalf of that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

If you do not agree with these Terms, immediately stop using our Services.

We reserve the right to change, update or cease to offer our or any part of our Services or to update these Terms at our discretion. If we do, we will use commercially post notice of the changes at our website.

 

ACCOUNT SPECIFIC TERMS

schoolGO Free Accounts

Your schoolGO Free Account allows you to install and use for free the entire schoolGO Free package. However, there are a few restrictions on this. We may limit, change, or modify the functionality that we provide to schoolGO Free Accounts at anytime. schoolGO Free Accounts have limits on some features. You agree not to attempt to get around these limits by any means, including (but not limited to) reverse engineering schoolGO, exploiting any possible faults in the app that may allow these limitations to be breached.

schoolGO +Plus Accounts

The schoolGO +Plus Account is a paid service. We offer subscriptions in lengths of one year. Your schoolGO +Plus Account will expire one year from the date you originally purchased your schoolGO +Plus Account. Your schoolGO +Plus Account gives you access to all features available to the schoolGO +Plus service including unlimited access to portions of the schoolGO Free Account that contain limits of use. If you are upgrading from a schoolGO Free Account, these limits will be lifted immediately upon activation of upgrade.

schoolGO Premium Accounts

The schoolGO Premium Account is a paid service. Fees are based on the average number of students enrolled at your school or district. If additional students are enrolled in your school or district after the current license is in effect, and this new number is greater than or equal to 10% of the original enrollment, then you are obligated to contact schoolGO and report the new number. You may be required to pay an additional fee for these new students.

Intensionally failing to report qualifying additional enrollment is considered a breach of these terms and may be subject to a fee of tem times the amount which would normally be due.

Knowingly reporting false enrollment is considered theft and a breach of these terms. schoolGO will use all legal means to recover losses including punitive damages and legal fees.

Just be fair and honest... we will too.

GENERAL TERMS

Cancelation

If you wish to cancel your account, you may do so within the "schoolGO Editor" desktop application. Once you choose to terminate the service, your Account will remain active for the remainder of your current subscription period but will not be renewed once that subscription term expires. You will not receive a refund for pre-paid portions of your subscription term. In other words, if you have selected an annual subscription, you Account will remain active for the remainder of that annual term and then your Account will be terminated.

Refunds

schoolGO does not offer refunds, in whole or in part, at any time for any reason. Period.

Payments and Fees

If any fee is not paid in a timely manner, or schoolGO is unable to process your transaction using the credit card information provided, schoolGO reserves the right to suspend your Account. If you do not bring your balance current within fifteen (15) days after schoolGO provides you with notification that your Account is in arrears, we may suspend your Account. 

schoolGO may change the fees and charges in effect, or add new fees and charges from time to time, for the next billing cycle, but we will give you advance notice of these changes by email.

User Content

schoolGO allows you to upload and use your own content. This can include text, images, audio, etc. (collectively your “User Content”).

You retain full ownership to your User Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your User Content or intellectual property except for the limited rights that are needed to provide the Services, as explained below.

In order to provide the Service, we need your permission to host, share, distribute, display, and perform your User Content. This is called a license. By uploading User Content to the Service, you grant CVT this license solely as is necessary to provide the Services, including sharing your User Content with third party service providers, for example external servers, which may provide storage space.

If you are using the Services on behalf of an organization (for example a school), CVT may include the organization’s name in a list of organizations using schoolGO on the schoolGO website.

You are solely responsible for your conduct, the content of your media files and video projects, and your communications with others while using the Services. We reserve the right, but have no obligation, to review your User Content at any time to ensure it does not contain any Prohibited Content. For the purpose of these Terms, “Prohibited Content” includes any content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that is sexual or violent in nature; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. We are not responsible for the accuracy, completeness, appropriateness, or legality of media files, user posts, or any other information you may be able to access using the Services.

Your Responsibilities

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any person or third-party. You are responsible for any activity using your account, whether or not you authorized that activity. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. You should immediately notify us of any unauthorized use of your account.

You are required to provide an email address in order to use the Services. You may be required to verify your email address and accept to receive emails from us to use certain features of the Services.

Media files and other content in the Services may be protected by intellectual property rights of others. You are expressly prohibited from copying, uploading, downloading, or sharing files unless you have the right to do so. You, not us, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not CVT, are responsible for maintaining and protecting all of your User Content. schoolGO will not be liable for any loss or corruption of your User Content, or for any costs or expenses associated with backing up or restoring any of your User Content.

By agreeing to these Terms, you are representing to us that you are over 18 or that you have parental consent as described in our Privacy policy online, which is hereby incorporated in these Terms of Use by reference.

Software and Updates

Some use of our Service requires you to download a client software package (“Software”). CVT hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

schoolGO Property and Feedback

These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the schoolGO trademarks, logos, domain names, or other brand features.

All trademarks and/or service marks displayed on the Services are the exclusive property of their respective owners, and may not be used without the owner's permission.

Acceptable Use Policy

You agree not to misuse the Services. For example, you must not attempt to use the Services to do the following things:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, schoolGO (or our service providers’) computer systems;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • publish any Prohibited Content;
  • impersonate or misrepresent your affiliation with any person or entity;
  • or violate the law in any way, or to violate the privacy of others, or to defame others.

Other Content

The Services may contain links to third-party websites or resources. schoolGO does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

schoolGO is Available “AS-IS”

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.  Should applicable law not permit the foregoing exclusion of express or implied warranties, then schoolGO hereby grants the minimum express or implied warranty required by such applicable law.  No advice or information, whether oral or written, obtained by you from schoolGO, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  Additionally, schoolGO does not make any warranties that the Services will be uninterrupted, secure or error free or that your use of the Services will meet your expectations, or that the Services, or any portion thereof, is correct, accurate, or reliable. schoolGO reserves the right to change any part of the Services at anytime without notice. schoolGO has no responsibility for any harm to your computer system (including, for clarity, any mobile device based systems), loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCHOOLGO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SCHOOLGO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.  If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Urgency and its affiliates shall not exceed THE AMOUNTS PAID BY YOU TO SCHOOLGO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site 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.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN BERNIDINO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and schoolGO with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. schoolGO’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but schoolGO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. schoolGO and you are not legal partners or agents; instead, our relationship is that of independent contractors. Neither schoolGO nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). There are no third-party beneficiaries to these Terms. The export and re-export of data via the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States and you are solely responsible for ensuring that Administrators and End Users do not use the Services in violation of any export restriction or embargo by the United States. In addition, Customer must ensure that the Services are not provided to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.