TERMS OF SERVICE


OVERVIEW

This website is operated by Message Logix, Inc. d/b/a K12 Alerts. Throughout the site, the terms "we", "us" and "our" refer to Message Logix, Inc. d/b/a K12 Alerts. Message Logix, Inc. d/b/a K12 Alerts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, contracts, agreements, conditions, policies and notices stated here.

By visiting our site and/ or purchasing Service(s) from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are Clients and other authorized users. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

Any new features or tools which are added to the current system and services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

SECTION 1 – ONLINE SERVICE TERMS

You may not use our products for any illegal, unethical, disingenuous, or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any code of destructive nature, including but not limited to, worms or viruses. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY AND COMPLETENESS OF INFORMATION

We are not responsible if information made available on this side is not accurate, complete, or current. We reserve the right to modify the contents of this site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND SYSTEMS

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service or portions thereof.

SECTION 5 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

SECTION 6 - PERSONAL INFORMATION

Your submission of personal information through this website is governed by our Privacy Policy. To view our Privacy Policy, please visit our website.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our products, features and service descriptions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any illegal, unlawful, unethical, or disingenuous purpose.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; FORCE MAJEURE

Force Majeure. Service Provider shall not be deemed to be in default of any provision of this Agreement or be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, weather conditions, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, terrorist acts or other occurrences which are beyond Service Provider’s reasonable control.

Disclaimer of Warranties. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE PRODUCTS IS AT ITS SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR ANY OF ITS AFFILIATES, PARTNERS, SUPPLIERS, CONTRACTORS OR CONSULTANTS HAVE ANY LIABILITY WHATSOEVER FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOSS OF USE, LOSS OF DATA, LOSS OF LIFE, LOST PRODUCTION OR CONSEQUENTIAL PROPERTY DAMAGE; COST OF CAPITAL; COST OF REPLACEMENT OFFERINGS; OR CLAIMS RESULTING FROM CONTRACTS BETWEEN THE OTHER PARTY AND ANY THIRD PARTY, INCLUDING CONTRACTS ARISING FROM ANY THIRD PARTY PURCHASE ORDERS, UNLESS SUCH LIABILITY RESULTS FROM INTENTIONAL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF A PARTY OR ITS AGENTS.

SECTION 10 - INDEMNIFICATION

Client agrees to indemnify and hold Service Provider and its subsidiaries, affiliates, partners, officers, directors, agents, advisors, distributors, suppliers, and employees harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of content Client or its students submits to, posts to or transmits through the Products and services, Client's use of the Products, Client's connection to the Products, Client's violation of the Terms, or Client's and Client's users' violation of any rights of another unless caused by the intentional or negligent acts or omissions of Service Provider.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the State of New York.

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 16 – ACCEPTABLE USE POLICY

Limitations on User Accounts. Usage of the Products is strictly limited to individuals associated with the Client. Subscribing users are prohibited from publishing or in any way communicating their usernames and passwords to non-subscribing individuals, posting of usernames and passwords on websites, emails, newsletters or any other types of electronic or print media is in violation of this policy.

Client Equipment. Client acknowledges that to access and use the Service Provider's Service and content, Client must obtain and maintain, at its sole expense, equipment and appropriate telephone service and/or broadband coverage, including telecommunication software, firewall hardware and its security software and any other software or hardware necessary to operate and maintain a connection with the server to access and use Products and Services.

All content entered into the Service Provider's, system(s), website(s), software, mobile apps by the Client and delivered through the Service is Client's sole responsibility. Client shall be responsible for procuring any necessary consents to contact Contacts with respect to the provision of any data and/or information transmitted through the Service.

Client acknowledges that Service Provider may block Messages (e.g., based on instructions from Contacts, carriers, aggregators, government agencies, etc.).

Client shall use any data it uploads into the Service in accordance with any and all restrictions applicable to such data and all Applicable Laws.

Privacy. Client agrees to comply with the Privacy Policy as stated on the K12 Alerts® Web site located at https://www.k12alerts.com/webcorp/privacy.html. Service Provider reserves the right to change its Privacy Policy from time to time. Service Provider will post any Privacy Policy changes on its Privacy page and provide the Client electronic written notice via Service Provider's client login page, email newsletters, and/or website notice.

Trademarks. The trademarks, logos and product and service names are trademarks and service marks of Service Provider. Client acknowledges that Message Logix, Inc. is the sole owner of the entire right, title and interest in the trademarks and service marks and reserves all rights to the use of such marks.

Patent or Copyright Infringement. Nothing in this Agreement is intended to grant any rights under any patent or copyright of either party.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at privacy@k12alerts.com. Last updated: 09/28/2021
Privacy Copyright © Message Logix, Inc. d/b/a K12 Alerts. All rights reserved. Patented (U.S. Patent No. 8,180,274) additional patents pending