Terms and Privacy Policy

 
 
 

Privacy Policy

Pierre Sutherland Enterprises, LLC (d/b/aSchool Evolve”) (“We” or “School Evolve”) is committed to protecting your privacy. This Privacy Policy describes our collection and use of personal information collected from visitors to our website and our mobile application(s) (collectively, our “Service”), including the Service offered at app.schoolevolve.com, www.schoolevolve.com, and any other website, app, or online service which links to this Privacy Policy. “You” or “your” means a visitor or a user (whether logged in or not) of our Service.

 

A note about Student Data: Our School Evolve Service may be used by schools, school districts, or teachers (collectively referred to as “Schools”) in a classroom setting. When School Evolve contracts with a School to provide the Service through app.schoolevolve.com to students in a classroom (“Students”), we may have access to Student Data (defined below). We consider Student Data to be highly confidential and our use of Student Data is governed by this Privacy Policy, our Terms of Service, and our agreements with Schools. Any such agreement with a School, and the privacy and Student Data policies contained therein, will be made accessible, upon request, for students and/or parents to review.

 

This Privacy Policy is incorporated into and is subject to our Terms of Service, which governs your use of the School Evolve Services.

 

I.                 Information Collected

 

a. Personal Data. You cannot use the Service without registering for an account and providing personal data. If you create an account on the School Evolve Services, or communicate with School Evolve, you may provide to School Evolve certain information by which someone could personally identify you, such as your name, email or unique username (“Personally Identifiable Information”), as well as information about yourself such as your employment or level of schooling by which someone could not personally identify you (“Demographic Information”). Specifically, the personal data may include students’ names and anything students enter into a response box in the School Evolve system.  However, students are notified and discouraged from inputting any personally identifiable information.

 

When we link Demographic Information to your Personally Identifiable Information, we treat all of it as Personally Identifiable. We refer to all of this data collectively as “Personal Data”. We may also collect Personal Data about you from a third party Internet site or service. For example, if you login to your School Evolve account through Google or another authentication tool, or if you interact with School Evolve on social media, we may collect the Personal Data you authorize that third party service to share.

 

b. Usage Data. We automatically collect certain technical usage information when you use the School Evolve Services (“Usage Data”). Usage Data includes the information that your web browser or mobile application automatically sends to our servers whenever you visit. The Usage Data collected in our logs may include information such as your web request, Internet Protocol address, operating system, browser type, browser language, referring / exit pages and URLs, platform type, click history, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and whether you opened an email. Typically, this information is collected through log files, web beacons, browser cookies, or other device identifiers that may uniquely identify your browser or device. You may be able to set your web browser to refuse all cookies, and your mobile device to not provide your mobile device identifier. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. For more information on cookies, visit www.allaboutcookies.org. Remember, some features of the School Evolve Services may not function properly if cookies or mobile device identifiers are not enabled. In addition, the School Evolve Services may use third party analytics and bug tracking software to collect further Usage Data regarding the online usage patterns of our users and bugs in our Services. We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to “Do Not Track signals” from your browser at this time. We do not permit third party advertising networks or other third parties to collect information about your browsing behavior from app.schoolevolve.com for advertising purposes.

 

II.               Use of Your Information

 

a. Use. We may use Personal Data and Usage Data (together, “User Information”) to (i) operate, maintain, and provide to you the features and functionality of the School Evolve Services; (ii) improve the quality and design of the School Evolve Services and to create new features and services by storing, tracking, and analyzing user preferences; (iii) remember information so that you will not have to re-enter it during your visit or the next time you use the School Evolve Services; (iv) provide custom, personalized content and information; (v) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (vi) diagnose and fix technology problems and otherwise plan for and enhance our Service. To the extent that School Evolve may provide personalized content and information, including advertising, to our users, including teachers, school administration officials, and other users associated with Schools, School Evolve shall never use Student Data to engage in targeted advertising, nor shall School Evolve direct advertising to student users on app.schoolevolve.com.

 

b. Retention.  School Evolve will not retain Personal Data for longer than is reasonably necessary to effect operational and business uses such as those listed in II(a)(i)-(vi) above.  When disposing of Personal Data, School Evolve will take reasonable steps to either de-identify or destroy such Personal Data.

 

c. Communications Preferences. We will not use your email address or other Personally Identifiable Information to send you marketing messages unless you provide your consent, or as part of a specific program or feature for which you will have the ability to opt-out. You can always opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email or by adjusting your email subscription preferences in your settings. We may, however, use your email address without further consent for non-marketing or administrative purposes, such as notifying you of important School Evolve Services changes or for customer service purposes.

 

III.              Disclosure of Your Information

 

a. Your Publication. You may, by using applicable sections of the School Evolve Services (including sections which enable you to create prompts, select prompts, and create classes), share your User Information, including Personally Identifiable Information and other content that you create or post to others accessing the School Evolve Services.

 

b. Service Providers. We share User Information with our trusted third party service providers and other individuals who perform services on our behalf, for example, providing customer service support, hosting services, analytics and other services we utilize to help us provide our Service or conduct our business. These service providers access and use User Information only to provide services to School Evolve under commercially reasonable confidentiality terms.

c. Other Required Sharing. We may share User Information: (i) if required to do so by law, or in the good-faith belief that such action is in compliance with state and federal laws (including, without limitation, copyright laws) or in response to a court order, subpoena, legal process or search warrant, or (ii) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service, to exercise our legal rights, to take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the School Evolve Services, and to protect the rights, property, or personal safety of School Evolve, Education Providers, our users or third parties.

 

d. Merger or Sale. If we merge, sell, or otherwise transfer all or a portion of our business, we will not transfer your Personally Identifiable Information without first giving you the ability to opt-out of the transfer, unless the new owner intends to maintain and provide the applicable School Evolve Services as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business.

 

IV.             Your Choices

 

You may decline to submit Personally Identifiable Information through the School Evolve Services, in which case School Evolve or your School may not be able to provide certain School Evolve Services to you. You may update or correct your name, email address, or password at any time by visiting your “Account Settings” link. You may also delete your account altogether there. With respect to User Information provided by your School, please reach out to your School to request removal or updates of such information. If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at privacy@schoolevolve.com. We may not be able to modify or delete all your information in every circumstance.

 

V.               Data Security

 

We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. Access to information is limited (through user/password credentials and, in some cases, two factor authentication) to those employees who require it to perform their job functions. We use industry standard SSL (secure socket layer technology) encryption to transfer personal information. Other security safeguards include but are not limited to firewalls, physical access controls to buildings and files, and employee training. You can help protect against unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing out after you have finished accessing your account.

 

VI.             Children’s Privacy

 

Our Service is not directed to children under 13. If you believe that we have inadvertently collected Personal Data from a child under 13 years of age without parental consent, then please alert us at privacy@schoolevolve.com and we will promptly delete the child’s Personal Data from our systems.

 

 

 

VII.           Changes and Updates

 

a. Updates. This Privacy Policy may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the School Evolve Services following such update constitutes your agreement to the revised Privacy Policy. You can see the history of the changes to this Privacy Policy here.

 

b. Last Modified. This Privacy Policy was last modified August 1, 2017.

 

VIII.         Contact Us

 

Please feel free to contact us with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices at privacy@schoolevolve.com.

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Terms of Service

Thank you for your interest in using the online service operated by Pierre Sutherland Enterprises, LLC (d/b/aSchool Evolve”) (“We” or “School Evolve”). . These Terms of Service (these “Terms”) govern your use of School Evolve’s online services (collectively, the “Services”), including the services which are offered through (i) our mobile application, the School Evolve Teacher App, which is currently available at app.schoolevolve.com, (ii) our website located at www.schoolevolve.com (the “Website”), and (iii) third party providers such as schools, school districts, or teachers (collectively referred to as “Schools”) that use our services at app.schoolevolve.com.

 

By creating an account in the School Evolve Teacher App, you agree to the terms and conditions of use set forth below. This Agreement is a legal document that governs the terms and conditions of your subscription to SchoolEvolve.com. Please read this Agreement carefully. By activating your account, you acknowledge your agreement with these Terms and use of your information as described in our Privacy Policy. If you do not agree to these Terms, you are not permitted to use School Evolve Services.

 

Eligibility and Authority

 

If you are agreeing to these Terms on behalf of a school, school district, or other educational institution (collectively, a “School”) for the purpose of providing the School Evolve Service to students through app.schoolevolve.com (“Students”, and “Teacher”), you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf.  Children under the age of 13 are not permitted to use the School Evolve Service, and you warrant that all students who will use the School Evolve Service are 13 years of age or older.

 

Personal Information and Student Data

 

This Section applies to a School’s use of School Evolve Services through app.schoolevolve.com. If you are a School user, Student, or parent, you may also refer to the Privacy Policy.

 

When School Evolve is used by a School for an educational purpose, School Evolve may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Student Data shall also be deemed to include (but is not necessarily limited to) all Personally Identifiable Information (PII) and other non­public information. metadata, and user content.

 

Confidentiality. School Evolve agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy.

 

Student Data Access. You authorize School Evolve to access or collect Student Data for the purpose of providing the Service. In the U.S., School Evolve shall collect and process Student Data as a “School Official” with a legitimate educational interest pursuant to FERPA, 34 C.F.R. Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. School Evolve does not own or control, or license such Student Data, except as to provide the Service, and as described in these Terms.

 

Personal Information and Student Data Consents and Authority. If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with School Evolve. Both Parties agree to uphold their obligations under FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. School Evolve relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for School Evolve to collect any Student Data, including, if applicable,, as permitted under COPPA. A copy of the School Evolve Privacy Policy should be made available to Parents. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records.

 

Use of Student Data. By submitting or providing us access to Student Data, you agree that School Evolve may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent. School Evolve will not use Student Data to engage in targeted advertising.

 

Use of Anonymized Student Data. You agree that School Evolve may use de-identified Data for product development, research, or other purposes. De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, School Evolve agrees not to attempt to re-identify de-identified Data and not to transfer de-identified Data to any party unless that party agrees not to attempt re-identification.

 

Use of Personal Information for Marketing. You agree that School Evolve may provide customized content, advertising, and commercial messaging to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. School Evolve will not use Student Data to engage in targeted advertising, nor shall School Evolve direct advertising to student users on app.schoolevolve.com. Furthermore, School Evolve is prohibited from mining Data for any purposes other than those agreed to by the parties. School Evolve shall not conduct any data mining or scanning of user content for the purpose of advertising or marketing to students or their parents.

 

Third-Party Service Providers. You acknowledge and agree that School Evolve may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.

 

Student Data Retention and Deletion Requests. Schools may request that we delete Student Data in our possession at any time by providing such a request in writing, except that School Evolve shall not be required to delete content a Student shared to public areas of the Service. We shall respond to the deletion request as soon as possible, but in most instances within forty-five (45) days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a Parent. A Parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete information which a Student or parent has saved or transferred to a personal account.

 

Data Breach Notification. We have implemented administrative, physical and technical safeguards, to industry best practices specifications, designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a “Security Event”), that we have collected or received through the Service, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of School Evolve or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and School Evolve shall indemnify the School for costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of School Evolve or its agents, School Evolve shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense. School Evolve shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to User accounts that are not associated with a School account. School Evolve will share its Security Event response plans with any School, upon request.

 

Your Responsibilities

 

You agree:

 

a.         that you are responsible for obtaining and maintaining all equipment and services for access to and use of the School Evolve Services and for paying all charges related thereto; and

 

b.         not to use the School Evolve Services to:

 

i.          violate any third party rights or any local, state, national, or international law or regulation;

 

ii.         transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another’s privacy;iii.       transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

 

iv.        impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

 

v.         interfere with or disrupt the School Evolve Services or servers or networks connected to the School Evolve Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the School Evolve Services, or otherwise violate these Terms.

 

Personal, Non-Commercial Use Only

 

You agree to use the School Evolve Services only (a) as an end user, for your personal, non-commercial use, or (b) as a teacher, for academic use by you and your students in individual classes. School Evolve can, pursuant to a separate written agreement, permit certain third parties to integrate with the School Evolve Services for commercial use.

 

You may not: (a) access the Website by any means other than means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or Service; (c) sublicense, rent, lease, or permit any third party, to access any Website application or service through the use of User’s password, except as permitted hereunder; (d) use any Website application in any manner which is competitive with services provided by School Evolve; or (e) knowingly use or permit any others to use any facilities or services of School Evolve in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.  Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. 

 

Users understand that, except for School Evolve content, School Evolve does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the School Evolve content on the Website and within the Service.  

 

User Submissions and Generated Materials

 

School Evolve does not claim ownership of any materials (other than its underlying software and proprietary information), teacher custom prompts (“Prompts”), student submitted responses (“Responses”), information, data, text or other materials you submit and create for display or distribution to others through the School Evolve Services, or the Prompts and Responses generated therefrom (collectively, “User Submissions and Generated Materials”). As between School Evolve and you, you own all rights to your User Submissions and Generated Materials. You grant to School Evolve an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of School Evolve, and you hereby assign all right and title in such material to School Evolve. School Evolve hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. School Evolve does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all your User Submissions and Generated Materials. School Evolve is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. School Evolve is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and School Evolve' authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

 

Special Terms for Schools

 

a. Fees. If School Evolve makes any School Evolve Service available without charging a fee, then School Evolve will not thereafter charge a fee to use such existing School Evolve Service, without reasonable notice to applicable users and an opportunity to opt-out. The foregoing will not, however, prohibit School Evolve from removing support for any School Evolve Service or from charging a fee for any new School Evolve Services that are complementary to, or may be used together with, such existing School Evolve Service.

 

b. Prompt Sharing. At the time you, as a School user, submit to School Evolve a Prompt you have developed using the School Evolve Custom Prompt Creator (a “Custom Prompt”), you may elect to make your Custom Prompt public. If you do so, then you expressly authorize School Evolve to (i) make your Custom Prompt available to other School users for use in individual classes with other students, (ii) allow other School users to copy and modify your Custom Prompt and use the modified version in individual classes with other students, and (iii) modify your Custom Prompt and make the modified version available to other School users for use in individual classes with other students. In the case of any such use of your Custom Prompt (whether unmodified or modified), you will receive an attribution credit. If you elect to make your Custom Prompt public, in no event will School Evolve authorize any third party to sell your Custom Prompt to others, nor will School Evolve sell your activity itself, without your permission.

 

Feedback

 

If you choose to provide technical, business or other feedback to School Evolve concerning the School Evolve Services or Website (collectively, “Feedback”), School Evolve will be free to use such Feedback without restriction. You understand and agree that the incorporation by School Evolve of Feedback into any of its products or services does not grant you any proprietary rights therein.

 

Termination and Suspension

 

Without limiting other remedies, School Evolve may terminate or suspend your School Evolve Services membership or suspend your access to all or part of the School Evolve Services without notice if School Evolve believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of School Evolve, any other School Evolve Services user, or any third party. You may discontinue your use of the School Evolve Services at any time.

 

 

Fees

 

Subject to these Terms, School Evolve reserves the right to charge fees for access to new School Evolve Services. In no event will you be charged for access to any new School Evolve Services, unless School Evolve obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, School Evolve may prohibit your access to that paid content or services. Details regarding the Services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees.

 

Password and Security

 

Currently, School Evolve is only allowing users to access the Service using a Google Account. Should School Evolve introduce the capability to create an account and login, then you are responsible for maintaining the confidentiality of your School Evolve Services password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify School Evolve of any unauthorized use of your password or any other breach of security related to the School Evolve Services. School Evolve may require you to alter your password if School Evolve believes that your password is no longer secure.

 

Third Party Services

 

School Evolve may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Linked Partners”). The Linked Partner services made available through the School Evolve Services or the integration of the such sites and services with the School Evolve Services are for your convenience only and do not signify the endorsement by School Evolve of such Partner sites or services.

 

Disclaimer and Limitations of Liability

 

a. You agree that use of the School Evolve Services is at your sole risk. The School Evolve Services are provided on an “as is” and “as available” basis. School Evolve expressly disclaims all warranties of any kind, whether express or implied, with respect to the School Evolve Services and all services provided by any of our partner (whether api partners, linked partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others’ User Submissions and Generated Materials) available through the School Evolve Services is not guaranteed and that School Evolve will not be responsible to you for any loss of data or materials caused by the School Evolve Services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the School Evolve Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

 

b. Under no circumstances will School Evolve or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the School Evolve Services.

c. If, notwithstanding these Terms, School Evolve is found to be liable to you or any third party in connection with your use of the School Evolve Services, the total liability of School Evolve and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).

 

d. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that School Evolve may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of School Evolve’ liability will be the minimum permitted under such applicable law.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless School Evolve and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. School Evolve 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 with School Evolve’s defense of such claim.

 

Intellectual Property

 

“School Evolve”, and the School Evolve logo, and certain other of the names, logos, and materials displayed in the School Evolve Services, may constitute trademarks, trade names, or service marks (“Marks”) of School Evolve or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with School Evolve or those other entities. The content on the School Evolve Services (the “Content”), including without limitation, the software, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by School Evolve or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of School Evolve and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

 

Copyright Complaints and Copyright Agent

 

School Evolve respects the intellectual property of others, and expects users to do the same. If any person believes, in good faith, that any materials on the Website or contained within the Services infringe upon its copyrights, please submit the following information:

 

(i)         a description of the copyrighted work that such person claims has been infringed, including specific location on the Website or Services where such material is located. Include enough information to allow School Evolve to locate the material, and explain why you think an infringement has taken place;

(ii)        a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

(iii)       a contact address, telephone number, and e-mail address;

(iv)       a statement by that such person has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(v)        a statement, made under penalty of perjury, that the information in such notice is accurate, and that such person is the copyright owner or authorized to act on the copyright owner’s behalf; and

(vi)       an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

All notices of possible infringement must be sent to School Evolve at the following address: School Evolve, LLC, 345 W Hancock Ave, Athens, GA, 30601. This address is provided solely so that School Evolve can receive notices of possible infringement. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, or questions or concerns regarding these Terms generally, will not receive a response through this process.

 

Agreement to Arbitrate All Disputes and Legal Claims

 

Regardless of a person’s status as a user of the Website or our Services, all parties agree that any legal disputes or claims arising out of or related to these Terms (including but not limited to the use of the Website and/or the Services, or the interpretation, enforceability, revocability, or validity of these Terms, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which this agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules as they are then in effect, or as otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. The parties agree that any claim, action or proceeding arising out of or related to these Terms, the Website or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

 

ALL PARTIES ACKNOWLEDGE AND AGREE THAT THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Miscellaneous

 

a. Entire Agreement. These Terms and our Privacy Policy, together with any additional terms to which you agree when using particular elements of the School Evolve Services (e.g., terms relating to the payment of fees for certain School Evolve Services), constitute the entire and exclusive and final statement of the agreement between you and School Evolve with respect to the subject matter hereof, and govern your use of the School Evolve Services, superseding any prior agreements or negotiations between you and School Evolve with respect to the subject matter hereof.

 

b. Governing Law. These Terms and the relationship between you and School Evolve will be governed by the laws of the State of Georgia as applied to agreements made, entered into, and performed entirely in Georgia by Georgia residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the School Evolve Services will be brought in the Federal or State courts located in Clarke County, Georgia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

 

c. Additional Terms. The failure of School Evolve to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of School Evolve and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the School Evolve Services. Any use, reproduction, release, performance, display, or disclosure of the School Evolve Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. School Evolve reserves the right to assign, without notice, its rights and obligations under these Terms, to the extent permitted by any applicable law.

 

 

Modifications to Terms and Services

 

a.  Modifications. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the School Evolve Services following such update constitutes your agreement to the revised Terms. You can request to see the history of the changes to our Terms by sending an email to privacy@schoolevolve.com. If you object to any such changes, your sole recourse will be to cease using the School Evolve Services. Continued use of the School Evolve Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. School Evolve reserves the right to modify or discontinue the School Evolve Services with or without notice to you.

 

b.  Date Last Modified. These Terms were last modified on August 1, 2017.