WEBSITE TERMS OF USE 

Acceptance.

Thank you for visiting the Education Framework, Inc. (“EFI,” “we,” “us,” or “our”) website (“Website”).  We provide integrated services to schools and school districts for managing consents often required in the school setting.  If you register for or use our web-based software system, you are also subject to the End User License Agreement that you agreed to during the account registration process.  Use of our Website is subject to these Terms of Use and our Privacy Policy http://www.educationframework.com/privacy (collectively, “Terms”).  By accessing or using our Website, you are agreeing to these Terms.  If you do not agree with these Terms, you should not use, and are not permitted to use, our Website.

Changes to Terms of Use

We encourage you to review these Terms of Use from time to time.  We reserve the right at any time to change any portion of these Terms of Use.  If we change these Terms of Use, we will post an updated version with a new effective date.  The posting of the amended Terms of Use is your notice of that change. By continuing to access and use our Website after updated Terms of Use are posted, you agree to abide by the updated Terms of Use.  In the event you do not consent to the terms of the updated Terms of Use, you must discontinue use of our Website.

Limitations on Use.

While using the Website, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Website.  Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Website for any purpose without prior express written permission from EFI; (b) take any action that imposes, or may impose, in EFI’s sole discretion, an unreasonable or disproportionately large load on EFI’s infrastructure; (c) bypass any measures EFI may use to prevent or restrict access to the Website; or (d) use the Website to send altered, deceptive, or falsely-sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers. 

EFI has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of it Website at any time, and for any reason, with or without prior notice to you.  EFI reserves the right to restrict your access to some or all of the Website at anytime for any reason with or without prior notice to you.  You agree that the Terms of Use will apply to any upgrades, changes, or modifications to our Website.  

Unauthorized or prohibited use of our Website may subject you to civil liability and criminal prosecution under applicable federal and state laws.

Provision of the Website.

EFI has no responsibility to provide you access to the Website.  EFI reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website or any part thereof, or your access thereto, with or without notice. You acknowledge and agree that EFI shall not be liable to you for any modification, suspension or discontinuance of the Website, or your access thereto. 

Further, EFI shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

Intellectual Property Rights.

Our Website, including without limitation, all software code, site architecture and design, interactive features and appearance, all trademarks, service marks and trade names used  in connection with our Website (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements, and the selection and arrangements thereof (“Content”) are the property of EFI and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property rights laws. You may not make any use of the Marks or Content, without the express prior written consent of EFI or the Content owner. 

You agree not to: (a) sell, resell, lease or the functional equivalent, the Website to a third party; (b) attempt to reverse engineer the Website or any component thereof; or (c) attempt to create a substitute or similar service through the use of, or access to, the Website.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE WEBSITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.  You undertake not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights 

Warranty Disclaimer.

YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EFI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE; OR (b) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

EFI HAS NO RESPONSIBILITY OR LIABILITY FOR:  (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE WEBSITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY.  

THE WEBSITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS.  EFI DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. 

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, EFI’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF EFI’S OBLIGATIONS UNDER THESE TERMS OF USE OR EFI’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $50.00 AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY.  TO THE FULLEST EXTENT PERMITTED BY LAW, EFI, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE. 

Indemnity 

You agree to indemnify, defend and hold harmless, EFI, its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, servants, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding:  (a) your use of the Website; or (b) any violation of these Terms of Use by you.

Privacy.

Your use of our Website and any information you provide to EFI is governed by EFI’s Privacy Policy, which is available at http://www.educationframework.com/privacypolicy.aspx , and which is incorporated herein by reference.

Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EFI without restriction.

Miscellaneous.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EFI as a result of these Terms of Use or use of our Website.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms of Use taken as a whole.  Any court holding a provision to be invalid, illegal or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.

EFI’s failure to act with respect to a breach of these Terms of Use by you or others does not waive its right to act with respect to subsequent or similar breaches.

The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect.

In the event of the termination of these Terms of Use for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.

These Terms of Use, including the Privacy Policy incorporated by reference, are the entire agreement between you and EFI regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.  If you use our Services, the End User License Agreement is in addition to and not in lieu of the Terms.

How to Contact EFI:

By mail:        Education Framework, Inc.

Attn: Jim Onstad

61 NW Oregon Avenue

Suite # 103 Box 1362

Bend, OR 97709

By e-mail:      founders@educationframework.com

 

These Terms of Use last updated on August 31, 2015.