Terms of Service

(last updated July 2012)

1.Acceptance of Terms:
Welcome! School Loop, Inc. ("School Loop" or "us" or "we") welcomes you to our website at www.schoolloop.com (the "School Loop Site").

We provide several services. Our website system is used to create publicly accessible web pages. School Loop Plus is a school-to-home communication and collaboration service that helps teachers, students, school staff, and parents share information about student homework assignments, grades, and other school-related information. OnTrackEDU is a social dashboard system that helps education professionals support students and lead effective schools. We refer to our online applications and our website together as the "Service," and all the different types of people who have accounts on the services as "Users."

By using or accessing any part of the Service, you are agreeing to these Terms of Service and all other policies or notices posted by us on our website.

If you don't agree to these Terms of Service, please don't use the Service. We can change these Terms of Service at any time. If we make any changes, we will note that changes to the Terms of Service have been made in the "news" that we publish as part of the Service. Thereafter, it will be your responsibility to review the new Terms of Service to see if you agree with the new terms as it creates a binding legal agreement between you and School Loop. If you use the Service after we've changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, please don't use the Service.

2.Permission to Use the Service

• You have our permission to use the Service, but only if:
• you have the permission of your school or school district to do so (each school or district sets its own policies on use of the Service, so you should ask your school about the conditions for becoming a user of the Service and whether any approval is required for special rights, like viewing grades);
• you are using the Service for your own personal school-related purposes and not for commercial purposes;
• you do not copy the Service or any part of the Service;
• you do not modify the Service or any part of the Service;
• you follow all the rules and restrictions we've spelled out in these Terms of Service.

3.Accounts; Passwords; Security
You will need an account in order to use the Service. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. We are not liable for any damages or losses caused by someone using your account without your permission. If you are not an employee of a school district, and we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. If you are an employee of a school district, your personal liability is the same as with any other school-related activity. That liability is defined by your district. We can terminate your account at any time without notice to you.

4. Personal Use Only
We are making the Service available to you for your information and your personal school-related use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.

If you are a student or a parent, you may electronically copy and print, in hard copy form, information made available by the Service for the sole purpose of reviewing your (or your child's) personal school data, school notices, school homework assignments, or any other documents posted to the Service for your use. Any other use of materials on this Service, including reproduction for purposes other than those noted above, modification, distribution, or re-publication, without the prior written permission of School Loop or the applicable teacher or school administrator is strictly prohibited.

We reserve the right to discontinue any aspect of the Service at any time.

5.Intellectual Property Rights in User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Service. "Content" means information, data, text, graphics, messages, interactive features, or any other materials. Examples of User Content are teaching materials prepared by teachers, homework turned in by students, and e-mail messages among students, teachers, parents, and school administrators. These are just a few examples and are not meant to limit what we mean by User Content. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.

If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Service (subject to the privacy restrictions in the Service). If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content only in connection with the Service.

This grant includes the right to aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole.? For example, the Service may include a search engine that returns search results based on the number of times that teachers and administrators have posted links to these sites in the Service.? In order to provide this search engine, School Loop must aggregate information regarding the links that teachers and administrators have posted and the context in which the links were posted (such as assignments, courses, grade level, etc.).? In aggregating this information, unless you permit us to identify you, School Loop will remove any personally identifying information, such as who posted the link.

You also grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Service (subject to the privacy restrictions in the Service and any copyright notices you include in your User Content) and under these Terms of Service. Once you remove your User Content from the Service (which you have the right to do at any time), these licenses will no longer apply. The only exception is that if someone made or distributed a copy of your User Content while it was still on the Service, that person will still be allowed to use the copy.

6. Some User Content You Share May Become Public
Some users of the Service may use the Service to host forums for online discussion or message posting about issues important to your community or school. The organizer of the forum will determine how these online forums are used. These are public forums, and information that users post may be available to other members of the school community, and in some cases even other schools or on the Internet. Your individual school will decide how it wishes to use online discussion and message boards.

In addition, the Service allows your individual district or school to make certain information that you post available on the internet. Your individual district or school will decide what kinds of information to make public on the Internet, but this information may include information posted by teachers about their course descriptions, syllabi, and assignments, as well as general information about the school, school news and school events. Your individual school or school district is responsible for ensuring that its decision regarding the information it makes available on the Internet is consistent with its own privacy policies and applicable law.

If you are a parent, you agree that the practices described in this Section 6 are acceptable to you, as well as to any of your children that use the Service. If you are a teacher, you agree that the practices described in this Section 6 are acceptable to you as well as any of your students that use the Service.

7. Restrictions on User Content and Your Conduct
You may not: (i) use our Service for any illegal purpose;

(ii) use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;

(iii) submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes someone else's private information (such as passwords, home addresses, personal phone numbers), as well as material covered by someone else's copyright, trade secret, privacy, publicity, or any other proprietary right;

(iv)publish or distribute pictures of others or yourself without appropriate permission;

(v) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;

(vi) submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;

(vii) submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(viii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

(ix)impersonate anyone else or lie about your affiliation with another person or entity;

(x)use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks;

(xi) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;

(xii) collect or gather other people's personal information (including account information) from our Service;

(xiii) submit User Content which disparages or our partners, vendor or affiliates; or

(xiv) solicit, for commercial purposes, any users of our Service.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason. Furthermore, if you violate any of these rules, we may terminate your account and access to the Service and take any other action against you that we think is necessary.

8. We Are Not Responsible for User Content
We generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Service, including your exposure to User Content.

9. Proprietary Rights
School Loop and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service (including its interface and any underlying software or technology) and Content which is included in the Service (other than User Content). We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

The Service may include text, images, and other Content of School Loop or third-parties ("Licensed Content") which you are permitted to use in connection with the Service; you may use such Licensed Content only in connection with use of the Service and only as expressly permitted and you may not otherwise remove, copy, use or distribute any such Licensed Content apart from the Service.

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, sell, rent, lend, lease, transfer, resell for profit, distribute or create derivative works based upon the Service.

All brand, product and service names used in the Service which identify School Loop or its suppliers and their proprietary products and services are the trademarks or service marks of School Loop or its suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of School Loop or such supplier with respect to any such image, logo or name.

10. Keeping Copyright Notices and Security Features Intact
If you download or share a copy of anything on or created using the Service, you must not delete, erase, or remove any logos or notices (such as copyright notices) that are on the item you download. You also understand that certain items may not be reprinted without the permission of the author. Similarly, you agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.

11. Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.

12. Notify Us of Infringers
If you believe that something on our Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

(i) provide your physical or electronic signature;

(ii) identify the copyrighted work that you believe is being infringed;

(iii) identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;

(iv) provide us with a way to contact you, such as your address, telephone number, or e-mail;

(v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and

(vi) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement

School Loop, Inc.

PO Box 2416

San Francisco, CA 94126

Phone: (650) 351-5060

E-Mail: copyright@schoolloop.com

Again, we cannot take action unless you give us all the required information.

13. How to Communicate with Us
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us through our customer service department at help@schoolloop.com.

14. Our Storage Policy
School Loop offers "digital lockers" as part of the Service. We will store the information you place in your locker for as long as you have a valid account and meet the requirements for using the Service as determined by your school. Thereafter, we will remove the contents from your digital locker. For example, if you are a teacher and you leave your employment with your school, you will lose your locker contents. Similarly, if you are a student and you no longer have a schedule assigned to you while school is in session, you will lose your contents. Please note that even though we make digital lockers available to you, you are solely responsible for keeping back-ups of everything you post on our Service.

15. FERPA
Please be aware that the Service and all User Content may be subject to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99). FERPA is a Federal law that applies to student education records. Here is a very brief summary of the key elements of FERPA, as excerpted from the U.S. Department of Education website at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html:

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR 99.31):

• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

More information about FERPA is available on the U.S. Department of Education website at www.ed.gov.

16. Links to Other Sites:
Our Service may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

17. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCHOOL LOOP AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SCHOOL LOOP AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT SCHOOL LOOP WILL FIX ANY ERRORS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE ARE PROVIDED AT YOUR OWN DISCRETION AND RISK, AND SCHOOL LOOP SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESCTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SCHOOL LOOP AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY direct, indirect, INCIDENTAL, special, punitive, or CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING from or related to YOUR USE OF THE SERVICE OR any content provideD BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) your USE OR INABILITY TO USE our SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY FAILURE OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnity
You agree to indemnify and hold harmless School Loop and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content posted by you, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of any third-party. Your indemnification obligation will survive these Terms of Service and your use of the Service.

20. Termination
We may terminate your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees (if applicable) when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid (including any fees you have pre-paid for ongoing use of the Service).

We may terminate or suspend the Service or any part of the Service or your use of the Service, at any time without cause without any liability to you. We may also report any violation of these Terms of Service, including any violation with respect to User Content, to your school and remove any of your User Content as directed by your school, without any liability to you. If we terminate your use of the Service without cause, we will provide a pro-rata refund for any period of the Services for which you paid fees in advance but which you will not be able to use due to the termination.

Upon any termination we may delete your account, passwords and User Content and bar you from further use of the Service. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.

21. General Terms
These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Service shall be the state and federal courts located in, or serving, San Mateo County, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. These Terms of Service, together with any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding this Service. If a court having proper authority decides that any portion of these Terms of Service is invalid, only the part that is invalid will not apply. The rest of these Terms of Service will still be in effect. If we waive any of our rights under these Terms and Conditions in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Service, and any rights and licenses granted under these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction.

YOU AGREE THAT if you want to sue us, you must file your lawsuit within 1 year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.