Rediker Software TeacherPlus
Terms of Use

Introduction

TeacherPlus (the "Service") is made available to you (the “User”) by Rediker Software, Inc. ("Rediker Software") with permission of your local school, school district, teacher, or other responsible education authority (the "Subscriber") subject to the following Terms of Use (the “Agreement”). By accessing and using this Service, you are agreeing to be bound by, and to comply with, these Terms of Use, along with any terms stated in our Privacy Policy (please refer to the Privacy section below for more information).

Changes in Terms of Use

Rediker Software reserves the right to make changes to this Agreement at any time, for any reason, and without advance notice. Therefore, we advise you to review the Agreement from time to time so you will be apprised of any changes. If the changes are significant, we will provide prominent notice on the Service, and via other means as we deem appropriate.

This Terms of Use Agreement was last modified on 8/25/15 and replaces all previous versions.

Changes in the Service / Termination

Rediker Software, in its sole discretion, with or without notice, may change, limit, discontinue or deactivate (temporarily or permanently) all or any part of the Service, and, in the event of a violation of these Terms of Use, the Subscriber’s and/or its Users’ access to and use of any part of the Service and/or their rights under these Terms of Use.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included by reference under the scope of this User Agreement.

You acknowledge that communications on this Service (including but not limited to online discussions, group communications, school directories, etc.) must be considered public and not private, and therefore accessible to others with or without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children. Educate your children as to the proper way to use online communication tools.

Responsible Use and Conduct

By utilizing this Service and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on this Service, such as online discussion forums, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these communication tools, which means that if you choose to use these tools to submit any type of content to this Service, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any Rediker Software employees or representatives.

We have the right at our sole discretion to remove any content that we feel, in our judgment, does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

Third Party Content

Rediker Software is a distributor (and not a publisher) of content supplied by Subscriber, third parties, and visitors. Accordingly, Rediker Software has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Service, are those of the respective author(s) or distributor(s) and not of Rediker Software. Neither Rediker Software nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, or the user and not necessarily that of Rediker Software. Rediker Software neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Rediker Software's Service by anyone other than authorized Rediker Software employee spokespersons while acting in their official capacities. Under no circumstances will Rediker Software be liable for any loss or damage caused by a user's reliance on information obtained through Rediker Software. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Copyrights / Trademarks

All content and materials available on this Service, including but not limited to design elements, underlying software code, text, images and logos are the intellectual property of Rediker Software, Inc., and are protected by applicable copyright and trademark law. Permission is granted only to electronically copy and to print in hard copy portions of this Service for the sole purpose of reviewing your child's personal school data, school notices, school homework assignments, any other documents posted to this Service for your use, or using this Service for other personal, noncommercial and informational purposes. Any inappropriate use, including but not limited to the reproduction, distribution, republication, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Rediker Software, Inc.

Disclaimer of Warranties

Rediker Software hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in this Service. We further disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Rediker Software disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Service. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through this Services is subject to your agreement to this provision and these Terms of Use.

THIS SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, REDIKER SOFTWARE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. REDIKER SOFTWARE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. REDIKER SOFTWARE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL REDIKER SOFTWARE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF REDIKER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Governing Law

All legal issues arising from or related to the use of this Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts without regard to conflicts of law principles. By using this Service and agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Hampden County, Massachusetts and with respect to such disputes arising out of or relating to these Terms of Use or your use of the Service.

Indemnity

By using this Service, you agree to indemnify and hold harmless Rediker Software, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Rediker Software's representatives and you with respect to the subject matter hereof, except that any other terms of use located on any individual Service associated with Rediker Software are incorporated herein by this reference to the extent they do not conflict with these Terms of Use.

Violations of Terms of Use

Should you violate these Terms of Use or any other rights of Rediker Software, Rediker Software reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts. If Rediker Software should fail to enforce any right or provision in these Terms of Use, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

You acknowledge that you have read the Terms of Use, that you understand them, and that you agree to be bound by the terms of use contained therein. If you are a parent, you agree that the Service and its terms of use are acceptable for any of your children who may use this Service. If you are a teacher, you agree that the Service and its terms of use are acceptable for any of your students who may use this Service. If you do not agree to the Terms of Use regarding your use of this Service, you will not be authorized to use this Service.

Contacting Us

If you have questions or comments regarding this Terms of Use Agreement as outlined above, please contact us at:

Rediker Software, Inc.
2 Wilbraham Road
Hampden, MA 01036
(800) 213-9860