Ownership of the System and Access License
You understand and agree that Ron Clark Academy owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
You acknowledge that the System and the Services are proprietary to Ron Clark Academy and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites. Except as provided elsewhere, Ron Clark Academy will only collect personal information as necessary to fulfill its duties as outlined in these terms.
Without limiting the forgoing, Ron Clark Academy may use de-identified information for product development, research, or other purposes. De-identified information will have all direct and indirect personal identifiers removed. Furthermore, Ron Clark agrees not to attempt to re-identify any de-identified information and not to transfer de-identified Data to any party unless that party agrees not to attempt re-identification.
Use of the System and Services
Ron Clark Academy reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You represent and agree that all information that you provide to Ron Clark Academy in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.
Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Ron Clark Academy to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System and the Services, you agree you will not:
Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Ron Clark Academy immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Ron Clark Academy or any other person or entity due to another person using your account, login ID, or password.
Ron Clark Academy will store and process user submitted data in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure user submitted content from unauthorized access, disclosure, and use. Ron Clark Academy will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Ron Clark Academy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may not use the Services.
At the request of the user, Ron Clark Academy will ensure that all content in its possession and in the possession of any subcontractors, or agents to which the Ron Clark Academy may have transferred content, are destroyed or transferred to the user under the direction of the user when the Content is no longer needed for their specified purpose.
Representations and Warranties
You represent and warrant that any information, materials, software, or data that you submit to or through the System, or that you access, use, download, or otherwise obtain on or through the System, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
You represent, warrant, and covenant that you will not provide information to Ron Clark Academy from any student or parent/legal guardian that has opted out of the disclosure of directory information or other data governed by applicable state or federal data protection laws. Ron Clark Academy depends on you to ensure that you are complying with The Family Educational Rights and Privacy Act (“FERPA”) and other state and federal laws regarding the processing and disclosure of any personally-identifiable information that will be shared with us and our service providers.
You represent, warrant, and covenant that you will take all necessary precautions to secure against unauthorized access or disclosure any usernames, passwords, and other means of gaining access to Ron Clark Academy systems, Services, and hosted data.
You represent, warrant, and covenant that you will notify Ron Clark Academy immediately of any known or suspected unauthorized use or access of our Services (including the House Points App) or any personally-identifiable information, and that you will assist Ron Clark Academy in any efforts to investigate and respond to any such unauthorized use or access.
The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your use of the System and Services is at your own risk.
The information, software, Content, Services, or materials available from or provided on the System or via the Services, ARE provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
RON CLARK ACADEMY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, NONINFRINGING, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. RON CLARK PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, RON CLARK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. RON CLARK SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
Limitation of Liability
The System and the Services could include technical inaccuracies or typographical errors. Ron Clark Academy shall have no liability in connection with any such inaccuracies or errors, nor shall Ron Clark Academy have any obligation to identify and/or correct any such inaccuracies or errors.
Ron Clark shall not mine content for any purposes other than those agreed to by the parties or in the parties’ reasonable expectations. Data mining or scanning of user content for the purpose of advertising or marketing to student or parents is prohibited. For the avoidance of doubt, Ron Clark Academy will not use any student data to advertise or market to students or their parents. Advertising or marketing may be directed to a user only if student information is de-identified.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Ron Clark Academy (the “Linked Websites”). Ron Clark Academy does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Ron Clark Academy disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), Ron Clark Academy has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Ron Clark Academy does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Ron Clark Academy.
Compliance with Laws
Users shall adhere to the provisions of the federal Family Educational Rights and Privacy Act (FERPA) and other applicable state, federal, and transnational laws that relate to the collection, distribution, and use of personal information of students while using the Ron Clark Academy House Point System application. User agrees that Ron Clark Academy receives information from the user, where applicable, in order to deliver the agreed-upon services as a school official as permitted under FERPA.
Governing Law/Jurisdiction/Claims Limitation
If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in litigation as a party or class member for) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the Parties may enforce the arbitrator’s award.
Notwithstanding any of the foregoing or any other provision of this these Terms, class arbitration is not permitted under any circumstance. The Parties agree that, by entering into these Terms, THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Ron Clark Academy may, from time to time, use your information to provide you with news and information about the service and will therefore use your information to provide you with notifications about our services via text message, SMS, email, or similar systems.
By submitting a written request as provided above, any user submitted materials held by Ron Clark will be made available to a user.
Users understand that Ron Clark Academy will rely on one or more subcontractors to perform services under these terms. Provider agrees to share the names of these subcontractors with User upon request. All subcontractors and successor entities of Ron Clark Academy will be subject to these or substantially comparable terms.