Last Modified: November 21, 2017
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the entire Services to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, 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 the Services or portions of it using your user name, password, or other security information. You will not provide any false information or create an account for anyone other than yourself without permission. You agree to notify us immediately of any unauthorized access to or use of your user name 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.
Additional Terms by User Type
- Teachers, School Leaders, and Educational Institutions: if you are a school, school district, or other similar educational institution (an “Institution”) or a teacher, school leader, aide, or other similar personnel (“School Personnel”), accessing the Services on behalf of an Institution, the following terms apply to you:
- You further understand and acknowledge that the Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without parental consent. You represent and warrant that (1) children under the age of 13 are not using the Services, and (2) by disclosing information to Company, you have complied with all applicable privacy laws, including without limitation COPPA and the Family Educational Rights and Privacy Act (“FERPA”).
- Only School Personnel who are current employees of the Institution may use the Services on the Institution’s behalf. Upon termination of a teacher or other staff member’s employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Company immediately. You represent and warrant that authorization or coupon codes provided to the Institution by ExceptionALLY shall be provided to parents and guardians (not students) and parents or guardians will use the Services and create accounts instead of students.
- Parents: if you are a parent or legal guardian of a student, and that student has been invited to create an account on the Services or is given access to the Services by School Personnel, then the following terms apply to you:
- Children under the age of 13 may not use the Services. Parents and guardians of children under the age of 13, however, may use the Services and provide personal information about their child as long as a child under the age of 13 does not use the Services or provide personal information to ExceptionALLY.
- If your child is 13 to 17 years old and wishes to use the Services, you consent to your child’s use of the Services. If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your consent, you can email us at [email protected]tionally.com to have that child’s account deleted. If you as a parent provide an email to School Personnel when the school is obtaining consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted in to email marketing or have separately created an account on our Services.
- You further agree that we may send you messages, alerts, and other communications through the Services, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Services, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.
Certain information that may be provided to Company by School Personnel that is directly related to a student and maintained by an Institution may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”).
Company may use Education Records that have been de-identified for product development or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to: name, date of birth, demographic information, location information, and school identity. Company agrees not to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to re-identify the data.
Intellectual Property Rights
“ExceptionALLY Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks, and other distinctive or proprietary brand features of Company. “ExceptionALLY Technology” means all past, present, and future content of the Services, including, all the software, hardware, and technology used to provide the Services (including Company’s proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence, and “look and feel” of the Services, and all other intellectual property, including all ExceptionALLY Marks.
ExceptionALLY Technology and ExceptionALLY Marks are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the ExceptionALLY Technology;
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; and/or
- Access or use for any commercial purposes any part of the Services or materials available through the Services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the ExceptionALLY Technology. You may not use content from our Services, including User Contributions defined below, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any ExceptionALLY Marks. Do not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
- Use the Services 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 U.S. or other countries);
- Collect, use, or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Use the Services to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- Engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services;
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing);
- Collect, solicit, or otherwise obtain login information or access an account belonging to someone else;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Use the Services in any commercially unreasonable manner or in any manner that would disparage Company;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Any violation of the above may be grounds for termination of your right to access or use the Services.
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.
The license in (i) above will terminate when you delete any User Contributions with intellectual property rights (like photos or videos) (“User IP Content”), you or your Institution deletes an Education Record, you delete any personally identifiable information, or you delete your account, unless your content has been shared with others, and they have not deleted it. However, any User Contributions that may be in or related to messages sent through any messaging platforms provided by Company may be kept after you delete your account. When you delete User IP Content, Education Records, or personally identifiable information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Contribution may persist in backup copies for a reasonable period of time (but will not be available to others). All other licenses granted above are perpetual, non-exclusive, and royalty-free.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully 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 the Services. Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We do not guarantee that we will publish any of your User Contributions. We are not responsible for the actions, content, information, or data of other third parties, including other users of the Services.
You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Services. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy, or data. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- When permitted by law, 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;
- When permitted by law, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
- When permitted by law, 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 the Services; and/or
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 TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Services, 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.
These content standards apply to any and all User Contributions and use of 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 that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Be made 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;
- Bully, intimidate, or harass any user or use the Services in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy;
- 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;
- 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; and/or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
It is Company’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Company may remove any allegedly infringing content without any liability to you. Company will promptly terminate without notice any user’s access to the Services where the user is a “repeat infringer” of copyrights. Company, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information 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 the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users and other third parties. 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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 the Services
We may update the content on the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services 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 the Services
Online Purchases and Other Terms and Conditions
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Services;
- Send emails or other communications with certain content, or links to certain content, on the Services;
- Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites; and/or
- Interact with the features through supported social networks or network storage sites, such as through “Like” or “Share” buttons. If you choose to use such features, you grant Company permission to access and use your linked account for the purpose of processing your requests. Your use of linked accounts is subject to the applicable third party terms.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Cause the Services or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing (except as made available by us and with our consent), deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites 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 websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the state of Georgia in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You warrant, represent and agree that you will not provide any User Contributions or otherwise use the Services in a manner that (i) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (ii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, PERFORMANCE, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Company may provide experimental features for you to try. THESE EXPERIMENTAL FEATURES ARE NOT GUARANTEED TO WORK. THESE FEATURES MAY ABRUPTLY AND UNEXPECTEDLY CEASE FUNCTIONING OR DISAPPEAR ALTOGETHER. OTHER FEATURES OF THE SERVICES ARE NOT REGULARLY TESTED FOR COMPATIBILITY WITH EXPERIMENTAL FEATURES. THESE EXPERIMENTAL FEATURES WILL BE ADDED AND REMOVED WITHOUT NOTICE.
Legal Services Disclaimer
ExceptionALLY provides the Services for general informational and educational purposes only. THE SERVICES DO NOT PROVIDE LEGAL ADVICE AND CANNOT REPLACE LEGAL ADVICE. ANY INFORMATION AVAILABLE THROUGH OR PRODUCED BY THE SERVICES IS NOT, AND IS NOT INTENDED TO BE, LEGAL ADVICE AND IT IS NOT GUARANTEED TO BE CURRENT OR COMPLETE. LEGAL ADVICE CAN BE PROVIDED ONLY IN THE COURSE OF AN ATTORNEY-CLIENT RELATIONSHIP WITH REFERENCE TO ALL THE FACTS OF A SPECIFIC SITUATION. ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICES , THEREFORE, MUST NOT BE RELIED ON AS A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A LICENSED ATTORNEY.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
Governing Law and Jurisdiction
Arbitration and Class Actions
You agree that any claim you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against us.
Waiver and Severability
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control.
Your Comments and Concerns
These Services are operated by EdQwest, Inc., 1040 West Marietta St., Atlanta, GA 30318.
All notices of copyright infringement claims should be sent to [email protected]
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected]