Please read these Terms of Service and User Agreement (the "Terms") carefully before using the 1EdTech® website, the TAMS software suite and support portal (the "Services") operated by 1EdTech Consortium ("us," "we," "our" or “1EdTech”). The Terms also include the 1EdTech Privacy Policy, which is posted on our website at https://www.1edtech.org/about/legal/privacy.
Your access to and use of the website and services is conditioned on your acceptance of and compliance with these Terms. Your registration for and/or use of the website and services shall be deemed to be your agreement to abide by these Terms, including any requirements or policies available on the 1EdTech website incorporated by reference herein, including but not limited to the 1EdTech Privacy Policy.
These Terms apply to all visitors, users, and others who access or use the website or Services and constitute the entire agreement between you and us. There may be times when we offer a website, service, or product that has its own written terms and conditions that apply in addition to these Terms ("Additional Terms"). In those cases, the Additional Terms will supercede to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
By accessing or using the website or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the website or Services.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including new releases, shall be subject to these or other applicable Terms. You also understand and acknowledge that 1EdTech may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools, or other aspects of the Services at any time without prior notice to you. You understand and agree that the Services are provided "AS-IS" and that 1EdTech assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings, or changes to the Services 1EdTech may make from time to time. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) or 1EdTech membership. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You acknowledge and agree that the Services, any TAMS software suite (“TAMS Software Suite”) and any other necessary software provided in connection with the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Services are or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by 1EdTech you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the TAMS Software Suite or other software or materials, in whole or in part.
TAMS and 1EdTech logos and product and service names are or may be trademarks of 1EdTech Foundation or 1EdTech Consortium, Inc. (the "1EdTech Marks"). You agree not to display or use in any manner the 1EdTech Marks without 1EdTech’s prior written consent.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to 1EdTech through its suggestion, feedback or support web pages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) 1EdTech is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) 1EdTech shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) 1EdTech may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of 1EdTech without any obligation of 1EdTech to you; and (f) you are not entitled to any compensation or reimbursement of any kind from 1EdTech under any circumstances.
YOUR USE OF THE SERVICES
1EdTech does not claim ownership of Content you submit or that you make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant to 1EdTech and all users of the Services a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Additionally, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that: (a) you have the right to grant such license and make such Content available to 1EdTech and its licensees, including users of the Services; (b) none of the Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and(c) neither the delivery to nor use by 1EdTech or its licensees, including users of the Services, of such content shall violate or infringe the rights of any third party.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 1EdTech, are entirely responsible for all Content that you upload, download, post, email, transmit, or otherwise make available or use via the Services.
You acknowledge, consent, and agree that 1EdTech may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of 1EdTech, its users and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Services may provide, or third parties may provide, links to other web sites or resources. Because 1EdTech has no control over such sites and resources, you acknowledge and agree that 1EdTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 1EdTech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge that 1EdTech may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Content will be retained by the Services, the maximum size of any or all Content files, the maximum disk space that will be allotted on 1EdTech's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time, and/or any other condition of the Services. You agree that 1EdTech has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Services.
TAMS PRIVACY POLICY
In addition to the 1EdTech Privacy Policy, TAMS allows for the uploading of files containing institutional data. 1EdTech does not keep or store the information. The information is held in memory and then deleted after the information is analyzed. If the files are hosted by the District and are made available via HTTPS they are accessed via stream remotely and no copy of the data is stored or transferred to the TAMS application. The servers which analyze the data are housed in the USA. 1EdTech nor 1EdTech staff can access the data in the file. Suppliers may see a report of matchmaking if approved by the district. The report does not contain personally identifiable information.
All uploaded District information is securely stored inside the system only for the duration of time needed to characterize the data. The duration of characterization can vary based on the amount of data characterized. Upon completion of characterization any and all uploaded data is securely and permanently deleted. No uploaded or accessed user identifiable or private data is retained by the TAMS application. No personal, identifiable information is ever accessible to 1EdTech employees or users with access to the TAMS application. Characterization data is retained for matchmaking purposes, but this data does not include any user identifiable or personal information.
At no time is any uploaded or accessed data stored or made available to any third parties, including Suppliers participating in the TAMS services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND 1EDTECH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) 1EDTECH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1EDTECH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1EDTECH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 1EDTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold 1EdTech and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Services; (b) your use of the Services; (c) your connection to the Services; (d) your violation of the Terms; or (e) your violation of any third party’s rights.
TERMINATION
You agree that 1EdTech may, under any circumstances and without prior notice, immediately terminate your account, and access to the Services and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-requested account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. 1EdTech may also terminate this Agreement, your account, access to the Services and/or any and all Content or materials for any reason or no reason whatsoever. Termination of your 1EdTech account includes: (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations shall be made in 1EdTech's sole discretion and that 1EdTech shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or Content.
GENERAL
These Terms constitute the entire agreement between you and 1EdTech concerning your use of the Services, superseding any prior agreements between you and 1EdTech with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 1EdTech services or 1EdTech Software, affiliate services, third-party content or third-party software. The Terms and the relationship between you and 1EdTech shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and 1EdTech agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Boston, Massachusetts. The failure of 1EdTech 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 the Terms 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 the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
AMENDMENTS
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our site. Any changes to these Terms will be effective no later than thirty (30) calendar days following our posting of notice of the changes on our Site. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access or use certain Services, you may be required to provide certain information about yourself ("Registration Data") as part of the registration process for the Service, or as part of your continued use of the Services. You also agree to: (a) provide true, accurate, current and complete Registration Data as prompted or requested by the Services and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You understand and agree that the Services may include certain communications from 1EdTech, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. If you provide any information that is untrue, inaccurate, not current or incomplete, or 1EdTech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1EdTech has the right to suspend or terminate your account, prevent your access to any or all portion of the Services and or Content (or other users' access to your Content) and refuse any and all current or future use of the Services (or any portion thereof) or Content. You certify that you are at least 18 years old; if you are not, you may not register for or use the Service.
ACCOUNT, PASSWORD AND SECURITY
As part of your use of the Services, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify 1EdTech of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 1EdTech cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your account or password. You have sole responsibility for adequate protection and backup of Content of any type that you upload to, download from or otherwise create or use with, the Services, and/or equipment you use in connection with the Services.
OFFERINGS AND FEES
The Services may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Services may require payment. You may also be provided "trial", "demo", "beta" or other limited-functionality or limited-access versions of the Services and/or its parts with or without charge. In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Services ("Charged Offerings"), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Services and your account. Neither these Terms nor your account entitle you to any subsequent releases of the Services, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Services without paying applicable charges or except as otherwise expressly and explicitly provided by 1EdTech. All or some of the Services may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Services access for each account you wish it to be enabled for and, where applicable, you must download and install any necessary software on each machine on which you wish to use and access the Services.
Converting an account and/or specific Services version or offering, including but not limited to trial or limited functionality rights offerings, to an enhanced account and/or fee-based version of the Services or other paid account, version or other Charged Offering may result in the loss of access to the information or other data associated with your use of the free or non-paid version of the Services.
You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Charged Offering does not necessarily terminate the right(s) you may have for another Charged Offering, other portions of the Services, software, or other offerings from 1EdTech.