Welcome! Thank you for using Schoolbinder, a web service from Schoolbinder, LLC ("Schoolbinder," "we," or "us")! Schoolbinder provides an online interface and software platform that enables you to manage your school courses, assignments, grades, and communication online. By using the mySchoolbinder.com website ("Service" or "Site"), a service of Schoolbinder, you are agreeing to be bound to the following terms and conditions ("Terms").
Updating the Terms. Schoolbinder reserves the right to update and change the Terms from time to time, and will always give notice of important changes. Any new features that enhance the current Service, including the release of new tools and resources, shall also be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can always review the most current version of the Terms at any time at: http://myschoolbinder.com/terms.
Violation of the Terms. If you violate any of the terms described below, Schoolbinder must unfortunately terminate your account. You also understand and agree that Schoolbinder cannot be responsible for anything you see posted on the Service, and that you nonetheless may be exposed to materials that violate these Terms. You agree to use the Service at your own risk.
Providing and discontinuing the Service. Subject to the Terms, Schoolbinder may offer to provide the Service, as described more fully here and throughout this website (the "Site"), solely for your own use and not for the use or benefit of any third party. Schoolbinder may change, suspend, or discontinue the Service at any time, including the availability of any feature, tool, database, or content. Schoolbinder may also impose limits on certain features and services or restrict your access to parts or all of the Service. We will, of course, always notify you of major changes or discontuances, either by e-mail if you so choose, or Site notifications when you are logged in to your account.
Who can use Schoolbinder. You certify to Schoolbinder that you are an individual (i.e., not a corporate entity), a human (i.e., not a "bot"), and that you are (a) of legal age to form a binding contract with Schoolbinder AND (b) not barred from receiving the Service under the laws of the United States or other countries including the country in which you are a resident or from which you use the Service. If you are under 18 years old, you may use the Site only with the consent of a parent or legal guardian. If you are under 13 years old, you may only use the Site with the consent and constant supervision of a parent or legal guardian. If you are under 13 years old and not under the constant supervision of a parent or legal guardian, then please do not use the Site. You certify that you are legally permitted to use the Service and access the Site, and you or your parent or legal guardian take full responsibility for the selection and use of the Service and access of the Site.
Illegal content. Schoolbinder makes no claim that the Site may be lawfully viewed or that content may be downloaded inside or outside of the United States. Access to any content on the Site may not be legal by certain persons or in certain countries, and you may find some of it questionable or offensive. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Service outages. Schoolbinder will use reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Schoolbinder to minimize such disruption where it is within Schoolbinder's reasonable control. You agree that neither Schoolbinder nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Site, Service, or your user content or other content.
Schoolbinder own's all non-user-generated content. The Site and its contents are intended solely for the use of Schoolbinder users and may only be used in accordance with the Terms. All materials displayed or performed on the Site, other than content developed or posted by you, the user ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Schoolbinder Content") are the property of Schoolbinder and/or any applicable third parties and are protected by United States and international copyright laws.
Users own all user-generated content. As between you (the user) and Schoolbinder, you own and retain sole and exclusive right, title, and interest in and to all of your User Content. The types of user-generated content that you own these rights to include, and are not limited to, the files, assignments, grade data, class notes, event information, private messages, links, profile information, and other information you post to the Site. Feedback you submit to Schoolbinder is expressly excluded from this list, and is discussed below. You are also responsible for all User Content posted and any activity that occurs under your account (even when the User Content is posted by others who are signed in under your account), and all content posted on the Service must comply with U.S. copyright law. Again, we claim no intellectual property rights over the material you provide to the Service and your profile and any data uploaded or posted remain yours. However, in the event that you make any of this information publically available, you agree to allow other users to view and share your User Content.
Content must not infringe rights or violate U.S. law. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates, or otherwise interferes with any copyright or trademark of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it; (c) infringes any intellectual property right of another or on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party; (e) contains a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information; or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this paragraph.
User-submitted feedback. Any comments, suggestions, or feedback relating to the Service (collectively "Feedback") submitted to Schoolbinder shall become the property of Schoolbinder or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including — without limitation — product, Site, or advertising ideas) and we will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Accurate registration information. As a condition to using the Service, you will be required to register with Schoolbinder and select a username and password. You shall provide Schoolbinder with accurate, complete, and updated registration information, including your name and e-mail address. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
Password security. We will encrypt all passwords and other confidential information you store with Schoolbinder. However, you shall be responsible for maintaining the confidentiality of your Schoolbinder password. You are solely responsible for any use of, or action taken under, your account and password and accept full responsibility for all activity conducted through your account. You agree to and hereby release the Site and Schoolbinder from any and all liability concerning such activity. You also agree to notify Schoolbinder immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. We will take reasonable security precautions when using the Internet, telephone, or other means to transport date or other communications, but expressly disclaim any and all liability for the access of any such data communications by unauthorized persons or entities.
Two membership levels. There are two levels of membership on Schoolbinder for both teacher and student accounts. Free accounts allow you to use the Service's basic feature set and functionality, and can be seen without registration on the demo page (http://myschoolbinder.com/demo). Pro accounts provide you with all of the services of a Free account, plus additional features and an increase on the limits of certain other features, such as file storage.
Pro accounts. Pro account memberships are purchased through monthly or yearly subscriptions. Users who elect to purchase a Pro account agree to (a) pay all applicable fees, as described on the Site, in connection with the purchase of the Pro account; (b) provide Schoolbinder with true and complete credit card information; and (c) update Pro account payment information regularly to keep it true and complete. If you select and pay for a Pro account, you warrant that you are authorized to make payments for the Pro account fees. Schoolbinder reserves the right to change its pricing and to institute new (including higher) charges for the Pro accounts at any time, for either students or teachers; however Schoolbinder will notify Pro account users of any change in pricing well before any such change takes effect by posting the change on the Site and/or e-mailing it to Pro account users along with a link to the modified fee schedule so that you can review it.
Payment processing and auto-renewal. If you sign up for a Pro account, you will be billed immediately (whether it is monthly or yearly), and automatically every 30 or 365 days after the previous billing date (for monthly or yearly accounts, respectively). For monthly schedules, if you don't cancel/downgrade your Pro account within 30 days, you will be billed for the next monthly installment on the 30th day after either your account was initially created or after the last monthly payment was made. (For instance, if you signed up and paid on April 15th, you will be automatically billed 30 days later, on May 15th, which will cover the 30 days after May 15th). If you cancel/downgrade your Pro account prior to the processing of your next invoice, you will not be automatically charged and your Pro account will continue until that previously-scheduled invoice date.
Payments are non-refundable. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. However, if you cancel/downgrade your Pro account, the remainder of your month or year, depending on your billing schedule, will continue as a Pro account until the next scheduled invoice date.
Downgrading your account. Downgrading your Pro account to a Free account may cause the loss of User Content, features, or the capacity of your account. Schoolbinder does not accept any liability for such loss of User Content, so make sure to back up any files or other content before you choose to downgrade.
Cancellation Procedure. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link at the top of the Schoolbinder Dashboard. The Account Settings screen provides a simple, no questions asked cancellation link. Simply follow the steps outlined there and your account will be fully canceled.
Termination. Schoolbinder, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for violation of these Terms, or for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all User Content in your account. Schoolbinder reserves the right to refuse service to anyone for any reason at any time. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Schoolbinder.
Effect of cancellation or termination. All of your User Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled, so please make sure to back everything up before you decide to cancel your account. If you have a Pro account and you cancel the entirety of the Service before the end of your current paid up month or year (i.e., not simply downgrading to a free account), your cancellation will take effect immediately and you will not be charged again.
No liability for User Content. Schoolbinder has no special relationship with or fiduciary duty to you. You acknowledge that Schoolbinder has no control over, and no duty to take any action regarding: (a) which users gain access to the Site; (b) which User Content you access via the Site; (c) what effects the User Content may have on you; (d) how you may interpret or use the User and Schoolbinder Content; or (e) what actions you may take as a result of having been exposed to the User Content. Much of the User Content on the Site is provided by and is the responsibility of the user who posted that content. Schoolbinder does not monitor the User Content of the Site and takes no responsibility for such content. You release Schoolbinder from all liability for your having acquired or not acquired User Content through the Site. Moreover, the Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Schoolbinder makes no representations concerning any content contained in or accessed through the Site, and Schoolbinder will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site.
Specific disclaimers. Schoolbinder does NOT warrant that (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Service will be corrected.
Specific limitations on liability. You expressly understand and agree that Schoolbinder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Schoolbinder has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) 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 the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.
Your indemnification of Schoolbinder. You will indemnify and hold Schoolbinder, its members, managers, officers, directors, and employees (the "Schoolbinder Indemnified Parties") harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Waiver, severability, and merger. The failure of Schoolbinder to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain enforceable and in full force and effect. The Terms constitute the entire agreement between you and Schoolbinder and govern your use of the Service, superceding any prior agreements between you and Schoolbinder (including, but not limited to, any prior versions of these Terms or policies).