ITS4 Terms of Service
Last Revised: 11/6/2016
If you are under the age of 18, you must have a parent or guardian review these terms and agree to them on your behalf. If not, then you may not use our Services.
We reserve the right to make changes to the Terms of Service at any time, and on 30 days’ notice to you. By continuing to use the Services after such notification, you agree to be bound by any such revisions.
Use by Children Under the Age of 13
Children under the age of 13 may not use our services unless given permission by a parent or guardian.
Use by Teachers and Schools
You further agree that, prior to sharing with Us any information that may be considered an Education Record under the Family and Educational Rights Act (“FERPA”), you have taken all steps to ensure compliance with FERPA, including, but not limited to, ensuring the sharing of any such Education Records falls under an exemption to FERPA or obtaining parental or guardian permission.
Use by Parents or Guardians
You further agree that we or your child’s school may contact you to provide such notification and obtain such consent.
Registration, including creation of a user account, may be required for the use of certain portions of the Services. You are solely responsible for maintaining the secrecy of your password(s) for your user account(s). Your registration shall not impose any duty on us to provide any particular service to you. You may not set up a user account on behalf of another individual or entity unless you are authorized to do so.
The Services may contain information, advice, text, graphics, photographs, and other materials (collectively, the “Materials”) that are provided for your convenience and enjoyment. Third parties may provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Services or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
Modification of Services
We reserve the right to modify, suspend, or discontinue the Services or any portion or attribute thereof, or the offering of any information, content, product, or service, at any time, with or without notice. We also reserve the right to impose limits on certain features of the Services or restrict access to parts or all of the Services, with or without notice.
Content included on or comprising the Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) are protected by copyrights, trademarks, trade dress, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. We grant you the right to access the Services according to the terms of the Terms of Service but you may not otherwise make commercial use of, reproduce, copy, prepare derivative works, upload, post, transmit, distribute copies of, perform, or publicly display the Services or any portions thereof.
The Services are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Content contained on the Services is protected by copyright and is owned or controlled by us or a third party, who may or may not be credited as the provider of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from us.
ITS4, ITS4 SCHOOLS, and other service marks and trademarks, including our logos, which are displayed on the Services, are the property of ITS4 or its licensors. You agree not to display or use our trademarks in any manner.
Elements of the Services including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Services may be copied or retransmitted.
Links to Third Party Services
The Services may contain hyperlinks to other web Services which are not included as part of the Site (“Other Site(s)”). If you use the hyperlinks to access these Other Services, you will leave the Services. ITS4 may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. In addition, the hyperlinks to Other Services do not imply and do not constitute sponsorship, approval, control, or endorsement by ITS4 of any Other Site or resource, or their content.
It is strictly prohibited to modify, transmit, distribute, reuse, repost, frame or use the Content of the Services including the text, images, audio and/or video for public or commercial purposes. You also may not “mirror” any material contained on the Services on any other server. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the Services, and to do so may subject you to legal liability. Tampering with the Services, misrepresenting the identity of a user, or conducting fraudulent or illegal activities on the site are prohibited.
You may not utilize “software robots,” “robots,” “spiders,” “web crawlers” or utilize computer programs that recursively query the Services over the Internet in order to obtain information from the Services without prior written permission from ITS4.
User Representations and Warranties
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Services any materials which: (a) restrict or inhibit any other user from using and enjoying the Services; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) constitute or contain false or misleading indications of origin or statements of fact.
We do not represent or warrant that every action you take with regard to your account and related activities on the Services will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Services.
Organizational/Corporate users of the Services are responsible for their employees, directors, officers, and agents as users of the Services, and are specifically responsible and liable for any and all damages created thereby, and for notifying us of the termination of said user’s authorization to use the Services.
User Submitted Content
From time to time, we may permit you to submit information, advice, text, data, software, messages and other materials to the Services (“Your Content”). Your Content is your sole responsibility. This means that you, and not us, are entirely responsible for all of Your Content that you upload, post, link to, email, transmit or otherwise make available via the Services. If you post personal information on publicly available areas of the Services then you may receive unsolicited messages. We cannot ensure the security of any information you post on publicly available areas of the Services. Under no circumstances will We be liable in any way for any of Your Content including, but not limited to, any infringement by Your Content of the intellectual property rights of others, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Services.
We do not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen Your Content, but that we do have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Services. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content. You further agree to not intentionally provide false or misleading information on the Services. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You acknowledge and agree that we may archive Your Content and may also disclose Your Content at any time and for any reason.
Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
Copyright Policy and Copyright Agent
We have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding the Software or Services can be reached as follows:
Malloy & Malloy, P.L.
2800 S.W. 3rd Ave
Miami, FL 33129
Please be advised that if you materially misrepresent that any material is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred as a result of such allegations under 17 U.S.C. §512(f).
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SERVICES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SERVICES. FURTHER WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SERVICES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SERVICES AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE SERVICES, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY.
Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF REESBOOK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ITS4’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from the Terms of Service, including, but not limited to your use of the Services, Services, or Materials. Notwithstanding the foregoing, We retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Us and in no event shall you settle any such claim without our prior written approval.
Choice of Law
The Terms of Service will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof.
If any dispute, controversy, or claims cannot be resolved in good faith between the parties, then it shall be resolved in binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association before a single arbitrator and the place of arbitration shall be Miami-Dade County, Florida.
Waiver of right to jury trial
EACH PARTY WAIVES ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATION RELATING TO OR ARISING OUT OF THIS TERMS OF SERVICE.
If any provision of the Terms of Service is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of the Terms of Service.