Effective Date:  August 5, 2014
Last Updated Date:  August 5, 2014

IMPORTANT – PLEASE READ THIS AGREEMENT!

I. Introduction and Eligibility

Please read these Terms of Use (“Terms”) carefully before using any products or services provided by EducationSuperHighway.

These Terms include the Privacy Policy and Data Usage Policy, which are incorporated by reference into these Terms. We have included several annotations in boxes to help explain our Terms, but please note that these annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change, and you agree you will review it for any updates regularly.

Binding Agreement. These Terms constitute a binding agreement between you and EducationSuperHighway and its affiliates and subsidiaries (“ESH,” “we,” “us”). “You” and “users” shall mean all end users of EducationSuperHighway products and services. You accept these Terms each time you access any ESH product or service. If you do not accept these Terms, you must not use our products or services.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of EducationSuperHighway products or services after a change to these Terms constitutes your binding acceptance of these Terms.

Children. Our products and services will not knowingly collect PAI (as defined in our Privacy Policy) from children under the age of 13. If we learn that we have collected any PAI from children under 13, we will promptly take steps to delete such information. If you are under 18 years of age, you represent and agree that you are accessing the ESH products and services with the consent and under the direction of your parent or another adult.

No part of ESH products and services are directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.

Agent of a Company, Entity, or Organization. If you are using ESH products and services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:

  • are an authorized representative of that Organization;
  • have the authority to bind that Organization to these Terms; and
  • agree to be bound by these Terms on behalf of that Organization.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on ESH products and services.

II. ESH products and services

The “ESH Product and Services” includes item21portal.org, reporting.educationsuperhighway.org, schoolspeedtest.org, and any related products, mobile applications or Internet services under ESH’s control, whether partial or otherwise, in connection with providing such services. The item21portal.org site provides an online platform to enter E-rate Form 471, Item 21 information. The reporting.educationsuperhighway.org web site provides reporting based on our analysis of the Item 21 and E-rate form 471 data, along with data from other sources. The schoolspeedtest.org Service provides an online platform to test broadband networks in public schools in the United States.

III. Your Account

You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on any ESH product or service.

You represent and warrant that the information you provide to ESH upon the licensing of any ESH product or service and at all other times will be true, accurate, current, and complete.

Your Log-In Credentials. To use ESH products and services, you may have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of ESH products and services and to preserve the confidentiality of your username and password, and any device that you use to access ESH products and services.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify ESH by e-mail to legal@educationsuperhighway.org. You will be solely responsible for the losses incurred by the ESH and others due to any unauthorized use of your account.

IV. Communications

ESH may communicate with you by email.

You agree to receive email from us at the email address you provided to us for service-related purposes and to communicate with you about reports, analysis results, and related information.

Electronic Notices. By using ESH products and services, reporting portal, or providing PAI to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of ESH products and services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on ESH products or services you are using or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please send a message to legal@educationsuperhighway.org.

V. ESH’s Content Ownership and Use

ESH owns all of the content we create, but you may use it while you use ESH products or services.
You cannot use our logo without our written permission.

The contents of the ESH Products and Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other ESH content (collectively, “ESH Content”). All ESH Content and the compilation (meaning the collection, arrangement, and assembly) of all ESH Content are the property of ESH or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and ESH products and services and ESH Content solely for the use of ESH’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the ESH Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original ESH Content on any copy you make of the ESH Content.

ESH Marks. “EducationSuperHighway,” “ESH,” the ESH logo, “Item 21 Portal,” “I21P,” the I21P logo, the reporting portal logo, the school speed test logo, and other ESH logos and product and service names are or may be trademarks of ESH (the “ESH Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the ESH Marks.

VI. Suggestions and Submissions

We appreciate your comments, but if you send us your creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding ESH products and services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

VII. Disclaimers, Limitations, and Prohibitions

Prohibited Use of ESH products and services

Do not do inappropriate things with ESH products or services, try to break it, or steal our hard work.

You agree to use ESH products and services only for its intended purpose. You must use the ESH products and services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the ESH products and services are prohibited. You may not:

  1. remove, disable, damage, circumvent, or otherwise interfere with the security of ESH products and services;
  2. interfere or attempt to interfere with the proper working of the ESH products and services;
  3. gain unauthorized access to the ESH products and services or computers linked to the ESH products and services;
  4. attempt to or submit a virus to the ESH products and services;
  5. take any action imposing an unreasonable or disproportionately large load on ESH’s infrastructure;
  6. attempt to or obtain unauthorized access to other users’ accounts;
  7. use ESH products and services in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to ESH or others;
  8. submit incomplete, false, or misleading information;
  9. disclose personal information about another person; or
  10. use the ESH products and services in an illegal way or to commit an illegal act.

VIII. Consequences of Violating These Terms

If you don’t act acceptably, we may refuse to provide ESH products and services to you.

We reserve the right to prevent access to ESH products and services  for any reason, at our discretion. We reserve the right to refuse to provide the ESH products and services to you in the future. Perpetual licenses granted by you to ESH remain in full force and effect.

We may review and remove data we collect from the ESH products and services at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of ESH products and services.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of ESH products and services.

IX. ESH’s Liability

We are not liable for anything our users do when using ESH products and services. Although we will try to let you know ahead of time, we may change ESH products and services and are not liable for how this may affect you. Also, while we cannot guarantee perfect accuracy, we are doing our best to make content available on ESH products and services as accurate as possible.

Changes to ESH products and services. We may change, suspend, or discontinue any aspect of ESH products and services at any time, including hours of operation or availability of the ESH products and services or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using ESH products and services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ESH of all claims, demands, and damages in disputes among users of ESH products and services. You also agree not to involve us in such disputes. Use caution and common sense when using ESH products and services.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of ESH products and services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through ESH products and services. Use the ESH products and services at your own risk.

Third-Party Websites. ESH products and services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of ESH products and services.

Released Parties Defined. “Released Parties” include ESH and its affiliates, officers, employees, agents, partners, and licensors.

1. DISCLAIMER OF WARRANTIES

You use ESH products and services at your own risk, but we try to minimize that risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF ESH PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND ESH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON ESH PRODUCTS AND SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) ESH PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ESH PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ESH PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON ESH PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS AND, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ESH PRODUCTS AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

2. LIMITATION OF LIABILITY AND INDEMNIFICATION

Unexpected things happen sometimes. We are not liable for anything that happens to you that somehow may be connected to your use of ESH products and services. Also, if you use ESH products and services in a way that causes us to get sued, you agree to pay all of our legal expenses.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES 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 ESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ESH PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF ESH PRODUCTS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON ESH PRODUCTS AND SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO ESH PRODUCTS AND 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.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ESH PRODUCTS AND SERVICES OR YOUR USE OF ESH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ESH Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

X. General Terms

These Terms constitute the entire agreement between you and ESH concerning your use of ESH products and services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms remain in full force and effect.

The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XI. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in California, so all disputes must be resolved there by arbitration.

These Terms and the relationship between you and ESH shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and ESH agree to submit to the personal and exclusive arbitration of any disputes relating to your use of ESH products and services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, California. You covenant not to sue ESH in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of ESH products and services or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

 

 

Contact Information
EducationSuperHighway
101 California Street
Suite 4100
San Francisco, CA 94111
legal@educationsuperhighway.org