Usage & Agreement

Web Site Terms and Conditions and Privacy Statement

1. General

These Website Terms and Conditions and Privacy Statement (this “Website Agreement”) sets forth the terms and conditions that apply to use of onlinesmart.net (including the various features and services provided herein, this “Website”) by Customers and Users (as defined in the General Terms and Conditions referred to in Section 1(a) below), as well as by students, parents or other visitors to onlinesmart.net (defined herein collectively with Customers and Users as “Visitor,” “you,” or “your”). This Website is provided by School Management and Record Tracking, Inc. (“SMART”, “we,” “us,” or “our”). By using onlinesmart.net (other than to read this Website Agreement for the first time), you agree to comply with all of the terms and conditions hereof

a. Notice to Customers and Users. These Website Terms and Conditions and Privacy Statement are those referred to in the General Terms and Conditions to the Master Services Agreement pursuant to which we provide certain services, including this Website (referred to herein as “Hosted Services”) to our Customers. In the event of any inconsistency between these Terms and Conditions and Privacy Statement and the applicable Master Services Agreement, the terms of the Master Services Agreement shall govern.

2. Changes to Terms or Privacy Policy

SMART shall have the right at any time to change or discontinue any aspect or feature of onlinesmart.net. SMART further shall have the right at any time to change or modify the terms and conditions applicable to your use of the Website. In addition, while any information that is collected is subject to this Website Agreement (sometimes referred to as our “privacy policy”) in effect at the time such information is collected, we may modify and revise our privacy policy from time to time.

Any of these changes shall be effective immediately upon notice thereof, which may be given by posting on onlinesmart.net, email, or a pop-up or click-through form of electronic notification, as determined by SMART in its sole discretion. Any use of the Website by you after such notice shall be deemed to constitute your acceptance of such changes.

3. Basic Privacy Statement

SMART will not license, disclose, sell or otherwise share personal information gathered on or through onlinesmart.net except as described in this Website Agreement.

4. Legal Requirements

Use and disclosure of personal information, including student records, is subject to extensive United States Federal and state regulation. Each Visitor agrees to comply at all times with such Visitor’s respective obligations, all regulations promulgated thereunder from time to time and all other applicable Federal and state laws and regulations, whether applicable to student records, other personal information, or otherwise. While SMART provides an infrastructure for efficient storage, retrieval and distribution of student information, making determinations on disclosure, sharing and distribution of information is solely the responsibility of each Visitor, including without limitation Customers, Users and their advisors.

5. Access

Access to student information and records will be strictly controlled by passwords, and in some cases authentication devices and PIN numbers, issued to individual Visitors. It is the responsibility of each Visitor to maintain secrecy of passwords, PIN numbers and other security measures at all times to prevent unauthorized use and access.

6. Customer Information

SMART will receive from Customers and Users information about Customers and Users and will moreover gather details of their usage of the Hosted Services. In addition, to manage our credit risk, it may be necessary for us to supplement the information we receive from Customers and Users about themselves with information from third party sources. For example, we may request a credit report regarding a Customer. SMART will not disclose information received about individual Customers or Users, or details regarding an individual Customer's or User's usage of the Hosted Services, except as necessary to perform the Hosted Services or otherwise provided herein. SMART may, however, disclose information regarding its Customers and Users, and patterns of use of the Hosted Services, on an anonymous or aggregate basis.

7. Analytics Services Provided by Others

We may allow third party service providers, such as Google Analytics, to collect information about your use of our Service and visits to our website, which is then reported to us on an anonymized, aggregated basis. This information is used for analytics purposes and to help us improve our features and quality of service, and may be disclosed to others on an anonymous or aggregate basis. If you do not agree to the collection of such data by our analytics services providers, you should not use our services or visit this Website.

8. Compliance with Laws and Law Enforcement Requests; Protection of Rights

We may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights orproperty.

9. Cookies

We use a feature on your Internet browser called a cookie. Cookies are small files that your Web browser places on your computer's hard drive. We use cookies to let us identify you. The cookie will not allow access to any secured areas of our site; these will always require a password. You can configure your browser by changing its options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to easily access all aspects of the Services and may need to manually enter user and password information.

10. Log Files

We use IP addresses to analyze trends, administer the site, track user movement, and log information for security purposes. IP addresses are not linked to personally identifiable information. All such collected information will be available for review by Customer, to enable Customer to track usage by the various Users.

11. Links

Our Website may contain links to other sites. Please be aware that SMART is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

12. Security

SMART takes many precautions to protect our Visitors’ information. When Visitors submit sensitive information to our Web site, we take commercially reasonable steps to protect it both online and offline. On-line we are using encryption, authentication (user names and password), and a firewall to protect our user's data. Off-line we protect the data through both physical and operating system security. No method of electronic transmission of storage is 100% secure, however, and we cannot ensure or warrant the absolute security of any information you transmit or store in the Service. We assume no liability or responsibility for disclosure of personal information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

In the event that personal information is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised, in accordance with any notification procedures set forth in this Web Site Terms and Conditions and Privacy Statement, or as otherwise required by applicable law.

13. Visitor Communications

Visitors may occasionally receive information about products and services. We respect the privacy of our users and generally will offer the option not to receive these types of communications.

14. Correction/Updating Certain Information

If contact or billing information changes for a Customer, User or Visitor; or if a Customer or User no longer desires our service, upon written request to the address below we will take commercially reasonable steps to correct, update, or remove that Customer's, User's or Visitor’s data provided to us.

15. Misuse and Termination

Misuse of this Website or of SMART's ASP and Hosted Services such as by hacking, spamming, solicitations whether commercial or non-commercial, or transmission of information that is harmful, obscene, harassing, libelous or illegal is strictly forbidden. Any such activity by any Visitor, and any other violation of these Terms and Conditions and Privacy Statement or the Master Services Agreement by a Customer or User may, in SMART's discretion, result in termination of Hosted Services by SMART to the Customer or User without notice, and entitle SMART to all other remedies available under applicable law. Without limiting the generality of the foregoing, termination or such other remedies may also result if SMART has reason to believe that a Customer, User, or Visitor is not in compliance with laws governing privacy or disclosure of personal information.

16. Children’s Privacy

We do not direct our sites to children under the age of thirteen. We require site visitors to be at least eighteen years old. If we learn that a user is under eighteen years of age, we will promptly delete any personal information that the individual has provided to us.

17. Your California Privacy Rights (As Provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, subject to certain exceptions. In general, again, subject to certain exceptions, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom it disclosed personal information in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. One of the exceptions allows us to provide California Customers a cost-free means to opt out of these disclosures instead of providing such list. Any customer may request to opt out of these disclosures by contacting us as described below. California Customers may also request further information about our compliance with this law by contacting us at our address below.

18. DMCA Policy

Our DMCA Policy is set forth below item 23 “How to Contact Us”.

19. Disclaimer of Warranty; Limitation of Liability

Visitor expressly agrees that use of the Website is at Visitor’s sole risk. Neither SMART nor its directors, officers, employees or agents warrant that the Website or the Hosted Services will be uninterrupted or error-free.

The Website and the Hosted Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

In no event will SMART be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the Hosted Services.

20. Indemnification

Visitor agrees to defend, indemnify and hold harmless SMART and its affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website and/or the Hosted Service by Visitor. Without limiting the foregoing, each Customer, User and Visitor shall indemnify SMART from and against all liability, loss or damage arising from unauthorized use of a password, PIN number, and/or authentication device.

21. Proprietary Rights

You acknowledge that the Website and the Hosted Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and that SMART and/or third parties own all right, title and interest in and to the Website and the Hosted Services, excluding content provided by you, that may be presented or accessed through the Service, including without limitation all Intellectual Property Rights therein and thereto.

22. General

This Website Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. The parties agree to jurisdiction in Maricopa County, Arizona. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Visitor must file any claim or cause of action arising out of or related to use of the Website, the Hosted Services or this Website Agreement within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary.

If any provision of this Website Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Website Agreement, which shall remain in full force andeffect.

No waiver of any sections of the terms herein shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right orprovision.

The section titles in this Website Agreement are for convenience only and have no legal or contractual effect.

23. How to Contact Us

If you have any questions, comments or concerns about these Web Site Terms and Conditions and Privacy Statement, or if you would like us to update information we have about you or your choices or preferences, please contact us by email at Support@OnlineSMART.net. You also may write to us at:

School Management and Record Tracking, Inc.
Attn: Management

7227 North 16th Street Ste. 225
Phoenix, AZ 85020

Last Updated: December 26th, 2017

___________________________

DCMA POLICY

School Management and Record Tracking, Inc. (“SMART”) respects the copyright and other intellectual property rights of others and expects users of our website and services (collectively, the "Service") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any customers or users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notification of Alleged Copyright Infringement

If you believe that any content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, pursuant to the DMCA you may notify our designated DMCA agent with a written communication that contains substantially the following:

  1. 1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.

  2. 2. Identify the URL or other specific location on the Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.

  3. 3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

  4. 4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (for example, as a "fair use"), and another statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

  5. 5. Include your name, mailing address, telephone number and email address.

Submit your notice to our designated DMCA agent by mail or email as set forth below:

School Management and Record Tracking, Inc.

Attn: Management
7227North 16th Street Ste. 225
Phoenix, AZ 85020
Phone: (800) 245-5230

Email:Support@OnlineSMART.net

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Service is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.

If you believe your copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:

  1. 1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

  2. 2. All of the following statements:
    • - "I consent to the jurisdiction of the Federal District Court in which my address is located, or if my address is outside the United States, the judicial district in which School Management and Record Tracking, Inc. is located."
    • - "I will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent."
    • - "Under penalty of perjury, I have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

  3. 3. Your name, address, telephone number, email address, and if applicable, username associated with Service.

  4. 4. Your physical or electronic signature.

You may submit your counter-notification letter to our designated DMCA agent by mail or email at the contact information noted above. Upon receipt of your counter-notification letter, we will forward it to the original complainant. Accordingly, submitting a counter-notification constitutes your consent to disclosure of your information in the aforementioned manner.

If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated DMCA agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. If you are unsure of whether you own all the necessary rights to the material that is the subject of the complaint, filing a counter-notification may be inappropriate. However, you may contact the original complainant directly to seek a retraction of their claim.

Counter-Notification

We will consider any retraction of a copyright complaint from the original complainant that is sent from the same address as the original copyright complaint.

If you are the original complainant and seek to retract your complaint, please provide our designated DMCA agent with a written communication with the following information:

  1. 1. The statement, with fields in all-caps completed: "I hereby retract my claim of copyright infringement sent on (DATE OF ORIGINAL COMPLAINT) regarding (BRIEF DESCRIPTION OF COMPLAINT) located at (PROVIDE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE THAT CONTAINS THE CONTESTED MATERIAL)."

  2. 2. Your physical or electronic signature.

If you are the alleged infringer and seek to contact the original complainant, please write or email the original complainant at the address provided in the copyright complaint furnished to you, and have the original complainant contact us directly with their retraction following the procedure listed above for retractions by original complainant. Please be aware that you are responsible for any communications sent by you to the original complainant.