Terms of Use

[jamiem7]

Terms of Use 

This PowerSchool Community website (this “Site”) is brought to you (“User”) by PowerSchool Group LLC (“PowerSchool” or “we”). 

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Policy and the PowerSchool Community Guidelines, which is available at help.powerschool.com, collectively referred to as the “Terms of Use”). The Terms of Use may be revised from time to time through an updated posting, and therefore, you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions. 

It is important to us that this Site provides a helpful and reliable experience to Users. To protect our rights and yours, we have prepared these Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us. 

PLEASE ALSO NOTE THAT THE USAGE AND PURCHASE TERMS AND PRIVACY POLICIES OF VARIOUS POWERSCHOOL PRODUCTS AND SERVICES WITHIN THIS SITE OR LINKED TO THIS SITE MAY BE SUBJECT TO DIFFERENT TERMS AND POLICIES. PLEASE CHECK THESE TERMS AND POLICIES FREQUENTLY TO DETERMINE THE TERMS APPLICABLE TO SUCH POWERSCHOOL GROUP LLC PRODUCTS AND SERVICES. 

BY USING OR DOWNLOADING INFORMATION FROM THIS SITE OR BY POSTING ON THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY AND PowerSchool COMMUNITY GUIDELINES) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE GOVERNING THIS SITE, YOU SHOULD NOT USE OR POST ON THIS SITE OR DOWNLOAD INFORMATION FROM THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE OR BY POSTING ON THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE. 

Privacy 

PowerSchool is concerned about the safety and privacy of all users, particularly children, of this Site. Please read our Privacy Policy, which is an important part of these Terms of Use. 

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENT(S) OR GUARDIAN(S) AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND. 

User License 

Subject to these Terms of Use, Users are granted a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as 

contemplated in this Site is a violation of PowerSchool’s copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by PowerSchool to do so. 

PowerSchool does not guarantee the accuracy or completeness of any information or content, including Postings (as defined below). You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

Postings 

To the extent that certain areas of this Site provide Users an opportunity to post messages or other information (collectively, “Postings”), BE ADVISED THAT POWERSCHOOL HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of PowerSchool. To the fullest extent permitted by applicable laws, PowerSchool shall in no event have any responsibility or liability for Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other Users of this Site. Although PowerSchool has no responsibility or liability for Postings, PowerSchool nonetheless reserves the right (which right PowerSchool may exercise or not exercise in its absolute discretion): (a) to monitor all Postings; and (b) to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as PowerSchool deems necessary. You hereby represent and warrant that you have all necessary rights in and to all of your Postings (if any) and all material they contain; that your Postings shall not contain any sensitive personal information; 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 will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. 

You hereby authorize PowerSchool to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that PowerSchool or such other parties see fit. You shall have no claim or other recourse against PowerSchool for infringement of any proprietary right in Postings. 

The content found in the Site comes from a variety of sources, primarily from Users. PowerSchool makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the Site, or any web-site linked to the Site, or otherwise in connection with the services and PowerSchool will not be liable for the privacy of e-mail addresses, registration and identification information, confidential or trade-secret information. If you provide any ideas, suggestions, or recommendations on this Site regarding PowerSchool’s products, technologies or services (“Feedback”), you grant PowerSchool the perpetual right to use such Feedback and to incorporate it into PowerSchool’s products, technologies, and services without paying royalties and without any other obligations or restrictions.

PowerSchool may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Site, you agree that all information provided in your profile is accurate, true, current, and complete. PowerSchool may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete. 

Unlawful Use 

As a condition of your use of this Site, you warrant to PowerSchool that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site. 

Termination 

PowerSchool reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice. You agree that PowerSchool will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof. 

Links to Other Sites 

This Site may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that PowerSchool is not responsible or liable for the content, products or performance of such third-party websites and resources, and you hereby irrevocably waive any claim against PowerSchool with respect to such websites and resources. PowerSchool reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by PowerSchool of that website or resource, or any products or services provided therein. The information practices of those websites are not covered by the Privacy Policy or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of any linked third-party website before providing any information to that website or using its products and services. 

Please note that this Site may also provide links to other sites brought to you by PowerSchool. The Terms of Use of other PowerSchool sites may vary from this Site. We recommend that you review the privacy statements, terms of use and other policies or terms that may apply to other PowerSchool sites if you should choose to use such sites. 

Copyright and Trademark Notices 

The entire content of this Site and any supporting software are the proprietary property of PowerSchool and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of PowerSchool and/or its licensors is strictly prohibited. 

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of PowerSchool. 

Disclaimer of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWERSCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

POWERSCHOOL MAKES NO WARRANTY OR REPRESENTATION THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED. 

ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; POWERSCHOOL SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS SITE. 

Limitation of Liability 

IN NO EVENT SHALL POWERSCHOOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OF OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, 

POSTINGS, OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. 

Exclusions and Limitations 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Indemnification 

You agree to indemnify and hold PowerSchool and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party or User due to or arising out of your use of this Site, your connection to this Site, your Postings on this Site, your violation of these Terms of Use, or your violation of any rights of another User. 

Submissions 

PowerSchool always welcomes suggestions and comments regarding this Site from Users. Any comments or suggestions submitted to this Site or PowerSchool, either online or offline, will become PowerSchool’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by PowerSchool might seem to others to be similar to their own submissions or comments. 

Digital Millennium Copyright Act Compliance 

If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by PowerSchool, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address: 

PowerSchool Group LLC 

150 Parkshore Drive 

Folsom, CA 95630 email: Webmaster@PowerSchool.com 

To be effective, the Notice must include the following: (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon (the “Complaining Party”); (b) information reasonably sufficient to permit PowerSchool to contact the Complaining Party, such as an address, telephone number, and if available, an e-mail address; (c) identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit PowerSchool to locate such material on the PowerSchool Site; (d) identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at the Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which the Infringing Material is infringing on which Infringed Material); (e) a statement that the Complaining Party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

General Information; Governing Law 

The Terms of Use constitute the entire agreement between you and PowerSchool, govern your use of this Site, and supersede any prior agreements between you and PowerSchool concerning this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and PowerSchool will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and PowerSchool agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of PowerSchool to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. 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 this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Violations Please contact us to report any violations of the Terms of Use. 

PowerSchool Group LLC. (Revised – September 2017)