TERMS OF SERVICE
IF YOU ARE
UNDER 18 YEARS OF AGE, PLEASE MAKE SURE TO READ THIS AGREEMENT WITH YOUR
PARENTS OR GUARDIAN.
TERMS: Welcome
to GradeBookWizard.com. This service ("Service") is brought to you ("User") by
Blue Pegasus LLC subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time on our site at:
http://www.gradebookwizard.com. Revisions to the TOS are effective upon posting
and your continued use of the Service following the posting of a revision will
indicate your acceptance of such revision.
We want this site to be beneficial to all Users. To
protect your rights and ours, the TOS apply to all users of the Service. PLEASE
READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. If you have any
questions or concerns, you can contact us by email or regular mail. Our email
address is support@gradebookwizard.com.
Our mailing address is: Blue Pegasus LLC, 5318 Second Street, #316, Long Beach,
CA 90803.
SERVICE:
This Service provides Users with online access to school information such as
assignments, student grades, and progress reports, as well as acting as a
communications medium to facilitate interaction between teachers, students, and
parents. The teacher determines the scope and nature of the information to make
available to students and parents through the Service.
Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
services, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Blue Pegasus LLC assumes no responsibility
for the timeliness, accuracy, deletion, misdirection, or failure to store
information or personalization settings. You agree that you must evaluate and
bear all risks associated with the use of this Service, including any reliance
on the accuracy, completeness, or usefulness of any content provided.
You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees. In addition,
you must provide and are responsible for all equipment necessary to access the
Service.
USER LICENSE:
Subject to the Terms of Service, payment of a monthly or annual subscription
fee grants Users a personal, non-exclusive, non-assignable, and
non-transferable license to access this Service for personal and non-commercial
use for a stated term. This license grants you a single-session right of access
to the Service. Multiple concurrent sessions are not permitted. You agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current, or incomplete, or Blue Pegasus LLC has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current, or incomplete, Blue Pegasus LLC has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or
any portion thereof).
Modifications of any materials found on this Service,
or use of the materials for any purpose other than as part of this Service, is
a violation of Blue Pegasus LLC's copyright and proprietary rights. You agree
not to reverse engineer, duplicate, publish, modify, or otherwise distribute
any materials that are part of this Service unless specifically authorized in
writing by Blue Pegasus LLC to do so.
PRIVACY:
Blue Pegasus LLC is concerned about the safety and privacy of all Users of this
service. Please read our Privacy Statement, which is part of the TOS and is
available on our site at: http://www.gradebookwizard.com.
USER ACCOUNT:
Access to some sections of this service is restricted to users holding a
current, valid user account identification and password. You are responsible
for maintaining the confidentiality of the password and account identification,
and are fully responsible for all activities that occur under your password or
account identification. You agree to (a) immediately notify Blue Pegasus LLC
(at support@gradebookwizard.com)
of any unauthorized use of your password or account identification or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. Blue Pegasus LLC cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
User accounts and passwords are personal and may not
be shared or transferred by any User. If you are a student or parent, you have
received your account identification and password from your teacher. Please ask
your teacher for information regarding the expiration or termination of your
account. Blue Pegasus LLC may terminate access to any User at any time for any
reason without notice.
USER CONDUCT:
You understand that all information, data, text, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not Blue Pegasus LLC, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. Blue Pegasus LLC does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will Blue Pegasus LLC be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
As a condition of your use of this Service, you
warrant to Blue Pegasus LLC that you will not use this Service for any purpose
that is unlawful or prohibited by the Terms of Service. You agree not to use
this Service in any manner that could damage, disable, overburden, or impair
the Service or interfere with any other party’s use and enjoyment of the
Service. You agree not to obtain or attempt to obtain through this Service any
materials or information not intentionally made available to you.
You agree to not use the Service to: (a) upload, post,
email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; (b) harm minors in any way; (c) impersonate any person
or entity, including, but not limited to, a Blue Pegasus LLC official or
employee; (d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service; (e) upload,
post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements); (f) upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; (g) upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation; (h) upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; (i) intentionally or unintentionally
violate any applicable local, state, national or international law, including,
but not limited to, any regulations having the force of law.
You acknowledge that Blue Pegasus LLC shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You acknowledge and agree that Blue Pegasus LLC may preserve
Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Blue Pegasus LLC, its users and the
public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
INDEMNITY:
You agree to indemnify and hold Blue Pegasus LLC, and its subsidiaries,
affiliates, officers, directors, agents, co-branders or other partners,
contractors and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
NO RESALE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
USE AND STORAGE LIMITATIONS:
You acknowledge that Blue Pegasus LLC may establish general practices and
limits concerning use of the Service, including without limitation the maximum
amount of Content that may be sent from or received by the Service, the maximum
size of Content, the maximum disk space that will be allotted on Blue Pegasus
LLC's servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that Blue Pegasus LLC has no responsibility or liability for the deletion
or failure to store any Content and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Blue Pegasus LLC
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that Blue Pegasus LLC reserves the right to
change these general practices and limits at any time, at its sole discretion,
with or without notice.
MODIFICATIONS:
Blue Pegasus LLC reserves the right at any time, and from time to time, to
modify or discontinue, temporarily or permanently, the Service or any part
thereof, with or without notice. You agree that Blue Pegasus LLC will not be
liable to you or any third party for any modification, suspension, or
discontinuation of the Service or any part thereof.
TERMINATION:
Blue Pegasus LLC reserves the right to terminate your account identification
and password and your use of the Service for any reason, including your failure
to pay your subscription fee within 30 days of its due date, or if Blue Pegasus
LLC believes that you have violated or acted inconsistently with the TOS,
including, without limitation, the Privacy Statement. You agree that any
termination of your access to the Service under any provision of this TOS may
be effected with or without prior notice, and acknowledge and agree that Blue
Pegasus LLC may immediately deactivate or delete your account identification
and all related information and files under your account identification and/or
bar any further access to the Service. Further, you agree that Blue Pegasus LLC
will not be liable to you or any third party for any termination of your access
to the Service. You may choose to terminate your account at any time. If you
are on an annual subscription plan, your account will be pro-rated at the
corresponding monthly rate from your last payment date to the date of
termination. And any excess monies will be refunded to you. If you are on a
monthly plan, your subscription will terminate at the end of your current
billing month. There shall be no refunds for amounts corresponding to less
than the cost of a monthly subscription. You agree that Blue Pegasus LLC will
not be liable to you or any third party for any consequences resulting from
your termination of your access to the Service.
LINKS:
Teachers may, at their sole option, provide links to other websites or
resources to be utilized by students. Because Blue Pegasus LLC does not control
such websites and resources, you acknowledge and agree that Blue Pegasus LLC is
not responsible or liable for the content, products or performance of such
external websites and resources, and you hereby irrevocably waive any claim
against Blue Pegasus LLC with respect to such websites and resources. Blue
Pegasus LLC reserves the right to terminate any link at any time without
notice. The inclusion of a link to another website or resource does not
constitute or imply an endorsement, authorization, sponsorship, or affiliation
by Blue Pegasus LLC of that website or resource, or any products or services
provided therein.
PROPRIETARY RIGHTS:
You agree that the Service and its supporting software ("Software") are the
proprietary property of Blue Pegasus LLC, and are protected by U.S. and
international copyright and other intellectual property laws. The reproduction,
redistribution, modification or publication of any part of the Service without
the express written consent of Blue Pegasus LLC is strictly prohibited.
You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by Blue Pegasus LLC for use in accessing the Service
You agree not to display, disparage, dilute, or taint
our trademarks or use any confusing similar marks or use our trademarks in such
a way that would misrepresent the ownership of such marks. Any permitted use of
our trademarks by you shall be to the benefit of Blue Pegasus LLC.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR
OWN RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUE
PEGASUS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b)
BLUE PEGASUS LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL
BE CORRECTED. (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, OR
ANY MATERIAL ENTERED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK; BLUE PEGASUS LLC SHALL NOT BE LIABLE, AND YOU WILL BE
SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS OR CORRUPTION OF DATA UPLOADED OR
ENTERED BY YOU THROUGH THE USE OF THE SERVICE, AND ANY DAMAGE TO YOUR COMPUTER
SYSTEM THAT MAY RESULT FROM THE USE OF THE SERVICE. (d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE PEGASUS LLC OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE PEGASUS LLC SHALL NOT BE LIABLE
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 BLUE PEGASUS LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS:
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 MAY NOT APPLY TO YOU.
SUBMISSIONS:
Blue Pegasus LLC welcomes suggestions and comments regarding the Service from
Users. Any comments or suggestions submitted to the Service or Blue Pegasus
LLC, either online or offline, become the property of Blue Pegasus LLC upon
their submission.
TRADEMARK INFORMATION:
Blue Pegasus, the Blue Pegasus logo, GradeBookWizard.com, and the
GradeBookWizard.com/Blue Pegasus logo and product are trademarks of Blue
Pegasus LLC and may not be used without prior written consent.
GENERAL INFORMATION:
The TOS constitute the entire agreement between you and Blue Pegasus LLC and
govern your use of the Service, superceding any prior agreements between you
and Blue Pegasus LLC. You may also be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and Blue
Pegasus LLC shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and Blue Pegasus LLC agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Los Angeles, California. The failure of Blue Pegasus LLC to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
COPYRIGHTS:
Blue Pegasus LLC respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please let us know. Please provide our Copyright
Agent with the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright or other
intellectual property interest; a description of the copyrighted work or other
intellectual property that you claim has been infringed; a description of where
the material that you claim is infringing is located on the site; your address,
telephone number, and email address; 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; a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf. Send this to: Copyright Agent Blue
Pegasus LLC, 5318 Second Street, #316, Long Beach, CA 90803.
VIOLATIONS:
Please report any violations of the TOS to
support@gradebookwizard.com.
BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING
THIS SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF
SERVICE (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU
DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE (INCLUDING ANY PART OF THE
PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT OR
PARENT AND HAVE BEEN GIVEN AN ACCOUNT IDENTIFICATION AND PASSWORD BY YOUR
TEACHER TO ACCESS THE SERVICE, YOU SHOULD INFORM YOUR TEACHER OF YOUR DECISION
AND RETURN THE USER IDENTIFICATION AND PASSWORD TO YOUR TEACHER. BY CLICKING
THE "I AGREE" BUTTON OR BY SIMPLY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE
TERMS OF SERVICE AND ALL OTHER APPLICABLE LAWS AND REGULATIONS.
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