Web Site Terms and Conditions and Privacy Statement
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 (“Visitor”). Customers, Users, and Visitors are collectively defined herein as “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. This Website Agreement is referred to, and incorporated into, the General Terms and Conditions (the “GT&C”) to the Master Application Service Provider Agreement (the “MASPA”) pursuant to which we provide certain services, including this Website (referred to herein as “Hosted Services”) to you. In the event of any inconsistency between this Website Agreement, the GT&C, and the applicable MASPA, the terms of the MASPA shall govern. All other terms and conditions of this Website Agreement and the GT&C, however, shall remain in full force and effect.
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. You agree to comply at all times with your 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 your responsibility.
Access to student information and records will be strictly controlled by passwords, and in some cases authentication devices and PIN numbers, issued to you. It is your responsibility to maintain secrecy of passwords, PIN numbers and other security measures at all times to prevent unauthorized use and access.
6. Collected Information
SMART will collect from you information about you, 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 you 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, Users, or Visitors, or details regarding an individual Customer’s, User’s, or Visitor’s usage of the Hosted Services, except as necessary to perform the Hosted Services or as otherwise provided herein. SMART may, however, disclose information regarding you, 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 you and your use of our Hosted Services 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 or property.
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 our Customers to enable Customers to track usage by the various users.
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 you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
SMART takes many precautions to protect your information. When you 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 users’ 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 Website agreement, or as otherwise required by applicable law.
13. Information Regarding Products and Services
You may occasionally receive information about products and services. We respect your privacy and generally will offer the option not to receive these types of communications.
14. Correction/Updating Certain Information
If your contact or billing information changes; or if you no longer desire our service, upon written request to the address below we will take commercially reasonable steps to correct, update, or remove the data you have provided to us.
15. Misuse and Termination
Any breach of the MASPA, or the misuse of this Website or of the 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 user, or any other violation of this Website Agreement, the GT&C, or the MASPA may, in SMART’s discretion, result in termination of Hosted Services by SMART to you 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 you are 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 users 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 was 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. California Customers 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 currently set forth at the following link: DCMA Policy. The link itself is subject to change, but our DMCA will be available and accessible on SMART’s public website.
19. Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the Website is at your 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.
You agree 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 you. Without limiting the foregoing, you 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 Hosted Services, including without limitation all Intellectual Property Rights therein and thereto.
This Website Agreement, the GT&C, and, as applicable, the MASPA (collectively the “Agreement”), constitute 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 and venue in the state and federal courts located 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.
You must file any claim or cause of action arising out of or related to use of the Website, the Hosted Services, this Website Agreement, or the Agreement as defined in the preceding paragraph, 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 and effect.
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 or provision.
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 this Website Agreement, the GT&C, or, as applicable, the MASPA, or if you would like us to update information we have about you or your choices or preferences, please contact us by email at [email protected] You also may write to us at:
School Management and Record Tracking, Inc. Attn: Accounting 10645 N. Tatum Blvd. Suite C200-531 Phoenix, AZ 85028 Last Updated: February 8, 2021___________________________ School Management and Record Tracking, Inc. (“SMART”) respects the copyright and other intellectual property rights of others and expects you, as a user of our Website and Hosted Services (collectively, the ” Services”), 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 Services who are deemed to be infringers, repeat or otherwise. We also may, in our sole discretion, limit access to the Services and terminate the accounts of any 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:
- 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.
- 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.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- 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.
- 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: Accounting 10645 N. Tatum Blvd. Suite C200-531 Phoenix, AZ 85028 Email: [email protected]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:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- 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.”
- Your name, address, telephone number, email address, and if applicable, username associated with Service.
- All of the following statements:
- 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.
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:
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).”
- Your physical or electronic signature.