This User Agreement is entered into by and between You and Infinite Campus, Inc. (“Infinite Campus,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporate by reference (collectively, the “User Agreement”), govern your, and your student’s (if under age 18) (collectively “you” or “your”), access to and use of the Infinite Campus Sections and/or Groups service (“Groups”).
Please read our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to this User Agreement or the Privacy Policy, you must not access or use Groups.
The Services are offered and available to users who are 13 years of age or older. By using Groups, you represent and warrant that you are of legal age to form a binding contract with Infinite Campus and meet all the foregoing eligibility requirements. Your acceptance of these terms also applies to any students for which you can legally provide consent. If you do not meet all these requirements, you must not access or use Groups.
Changes to this User Agreement
We may revise and update this User Agreement from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of Groups following the posting of a revised User Agreement means that you accept and agree to the changes. You are expected to check this User Agreement from time to time so you are aware of any changes, as they are binding on you.
Accessing Groups and Account Security
We, or the Local Education Agency (“LEA”) (i.e., school district), reserve the right to withdraw or amend Groups or your participation in Groups, and any material provided related to Groups, in our sole discretion and without notice. We will not be liable if for any reason all or any part of Groups is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Groups, or the entire service, to users.
You are responsible for both:
Making all arrangements necessary for you to have access to Groups (such as your own computer and internet connection).
Ensuring that all persons who access Groups through your internet connection are aware of this User Agreement and comply with it.
It is a condition of your use of Groups that all the information you provide on Groups is correct, current and complete. You agree that all information you provide to use Groups or otherwise, including, but not limited to, through the use of any interactive features on Groups, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Groups or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this User Agreement.
Intellectual Property Rights
Infinite Campus does not own any of the education records within its products. These records within the products are property of, and under the control of the LEA (school district). The collection, input, use, retention, disposal, and disclosure of education records in Groups and our software applications are controlled solely by the LEAs which license our products.
The software related to Groups is owned by Infinite Campus, its licensors or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This User Agreement permits you to use Groups for your personal, non-commercial, educational use only in conjunction with Infinite Campus customer (e.g., the LEA or School District) that provided you access to Groups. Excluding your own content, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print a reasonable number of pages of Groups for your own personal, non-commercial, educational use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial educational use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from Groups unless expressly permitted.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Groups.
You must not access or use, for any commercial purposes, any part of Groups or any materials or content available through Groups. Use of Groups is strictly for educational use only.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Groups in breach of this User Agreement, your right to use Groups will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, excluding your own content. No right, title or interest in or to Groups or any content on Groups generated by others are transferred to you, and all rights not expressly granted are reserved by Infinite Campus. Any use of Groups not expressly permitted by this User Agreement is a breach of this User Agreement and may violate copyright, trademark and other laws.
Trademarks
The Infinite Campus name, the Infinite Campus logo and all related names, logos, product and service names, designs and slogans are trademarks of Infinite Campus or its affiliates. You must not use such marks without the prior written permission of Infinite Campus. All other names, logos, product and service names, designs and slogans on Groups are the trademarks of their respective owners.
Prohibited Uses
You may use Groups only for lawful purposes and in accordance with this User Agreement. You agree not to use Groups:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in this User Agreement.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Infinite Campus, an Infinite Campus employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Groups, or which, as determined by us, may harm Infinite Campus or users of Groups, or expose them to liability.
Additionally, you agree not to:
Use Groups in any manner that could disable, overburden, damage, or impair Groups or interfere with any other party’s use of Groups, including their ability to engage in real time activities through Groups.
Use any robot, spider or other automatic device, process or means to access Groups for any purpose, including monitoring or copying any of the content on Groups.
Use any manual process to monitor or copy any of the material on Groups, or for any other purpose not expressly authorized in this User Agreement, without our prior written consent.
Use any device, software or routine that interferes with the proper working of Groups.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Groups, the server on which Groups is stored, or any server, computer or database connected to Groups.
Attack Groups via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Groups.
User Contributions
The Services may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through Groups.
By using Groups, you may provide us with information, files, and folders that you submit to Groups (collectively “your content”). You retain full ownership to your content. These User Agreement do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run Groups. You grant Infinite Campus a non-exclusive right and license to use the content for the purpose for which it was provided and to do those things necessary to provide and administer Groups and its associated software. This permission also extends to trusted third parties we work with to provide Groups. For example, you give us permission to use a third-party hosting provider that we may choose to use to provide primary, additional, or redundant storage space in conjunction with Groups.
All User Contributions must comply with the Content Standards set out in this User Agreement.
Any User Contribution you post to Groups will be considered non-confidential and non-proprietary.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with this User Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Infinite Campus, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Groups.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this User Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Groups or the public or could create liability for Infinite Campus.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Groups.
Terminate or suspend your access to all or part of Groups for any or no reason, including without limitation, any violation of this User Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Groups. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on Groups and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this User Agreement and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Reporting Claims of Copyright Infringement page for instructions on sending us a notice of copyright infringement. It is the policy of Infinite Campus to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through Groups is made available solely for educational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Groups, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Infinite Campus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Infinite Campus. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Groups
We may update the content on Groups from time to time, but its content is not necessarily complete or up to date. Any of the material on Groups may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to Groups
All information we collect on Groups is subject to our Privacy Policy. By using Groups, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from Groups
If Groups contains links to other services and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those services or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to in Groups, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
Geographic Restrictions
The owner of Groups is based in the state of Minnesota in the United States. We provide Groups for use only by persons located in the United States. We make no claims that Groups or any of its content is accessible or appropriate outside of the United States. If you access Groups from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Groups will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF GROUPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH GROUPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF GROUPS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH GROUPS IS AT YOUR OWN RISK. GROUPS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH GROUPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INFINITE CAMPUS NOR ANY PERSON ASSOCIATED WITH INFINITE CAMPUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF GROUPS. WITHOUT LIMITING THE FOREGOING, NEITHER INFINITE CAMPUS NOR ANYONE ASSOCIATED WITH INFINITE CAMPUS REPRESENTS OR WARRANTS THAT GROUPS, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH GROUPS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GROUPS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT GROUPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH GROUPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
INFINITE CAMPUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR GROUPS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INFINITE CAMPUS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, GROUPS AND ANY WEBSITES LINKED THROUGH IT, ANY CONTENT ON GROUPS OR RELATED SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
To the extent you are legally able, you agree to defend, indemnify and hold harmless Infinite Campus, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this User Agreement or your use of Groups, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in this User Agreement, or your use of any information obtained from Groups.
Governing Law and Jurisdiction
Unless otherwise contractually agreed or prohibited by law, all matters relating to Groups and this User Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the state of Minnesota or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this User Agreement or Groups shall be instituted exclusively in the federal courts of the United States or the courts of Hennepin County, Minnesota. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Infinite Campus’s sole discretion, it may require you to submit any disputes arising from this User Agreement or use of Groups, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR GROUPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Infinite Campus of any term or condition set forth in this User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Infinite Campus to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision.
If any provision of this User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this User Agreement will continue in full force and effect.
Entire Agreement
The User Agreement and our Privacy Policy constitute the sole and entire agreement between you and Infinite Campus, Inc. with respect to Groups and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Groups.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to Groups should be directed to your LEA (school).