Please Read These Terms and Conditions Carefully Before Using this Site.
Welcome to the Web site ("Site") of School Innovations and Advocacy, Inc. ("SI&A"), a California corporation. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site and SIA Cabinet Report applications ("Terms of Use").
ACCEPTANCE OF TERMS
SI&A owns all right, title, and interest in SIA Cabinet Report applications. Use of SIA Cabinet Report applications is granted, via periodic license and service subscriptions, by SI&A to school districts ("District(s)") under the terms of the "Special Services Agreement" (the "AGREEMENT"). If there is a conflict between the Terms of Use and the AGREEMENT, the latter shall control.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
By using this Site you hereby agree that you are an "Authorized User" and are obligated to comply with all of the requirements of an "Authorized User". "Authorized User" shall mean an individual authorized to use the Site by a District that has a current AGREEMENT with SI&A. As an Authorized User, you are bound by the terms and conditions of the AGREEMENT. You hereby acknowledge and agree that only the District's Authorized Users shall gain access to the SIA Cabinet Report applications via the Internet through the Authorized User's "Personal User Login" and "Password". "Personal User Login" shall mean the identification code given to the District's Authorized Users. "Password" shall mean the SIA Cabinet Report applications unique password provided by SI&A to the District's Authorized Users to enable access to SIA Cabinet Report applications. You are responsible for maintaining the confidentiality of the Password and Account and are fully responsible for all activities that occur under your Password and/or Account. You shall be solely responsible to immediately notify the District of the loss or theft of a Password so that the District may notify SI&A as required by the AGREEMENT.
TERMINATION OF USE
Your use of this Site is contingent upon your District having a current AGREEMENT with SI&A. Upon termination of the AGREEMENT, you shall no longer be an Authorized User and your use of SIA Cabinet Report applications shall cease immediately.
WARRANTY DISCLAIMER
THIS SITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THIS SITE, INCLUDING ANY SOFTWARE MADE AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO SIA Cabinet Report applications and ASSOCIATED MATERIALS, ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SI&A DOES NOT WARRANT THAT THE OPERATION OF THE SIA Cabinet Report applications WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SI&A, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SI&A BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGE OR LOSS, WHETHER IN AN ACTION OF CONTRACT OR FOR, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SIA Cabinet Report applications, ASSOCIATED MATERIALS, USE OF THIS SITE, OR USE OF ANY OTHER WEB SITE LINKED TO THIS SITE, EVEN IF SI&A IS AWARE OF, OR HAS REASON TO KNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless SI&A from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, including, but not limited to, attorneys' fees and costs, caused in whole or in part by your use of or access to SIA Cabinet Report applications and/or materials.
PROPRIETARY RIGHTS IN SIA Cabinet Report applications/NONDISCLOSURE
You hereby acknowledge and agree that SIA Cabinet Report applications is the sole property of SI&A. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make SIA Cabinet Report applications or the applicationsassociated materials available to any third party other than an Authorized User. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of SIA Cabinet Report applications or associated materials. Except as expressly stated herein, no part of SIA Cabinet Report applications or associated materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, or recording. You shall not disclose any review of SIA Cabinet Report applications, including but not limited to the results of any performance tests, to any third party without SI&A's prior written approval. You agree to make every reasonable effort to prevent unauthorized third parties from accessing SIA Cabinet Report applications. You acknowledge and agree that SI&A shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in SIA Cabinet Report applications and applications associated materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by the District or any other party relating to SIA Cabinet Report applications or associated materials.
CHANGES
SI&A reserves the right, at its sole discretion, to modify the Terms and Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes.
SIA Cabinet Report applications MAINTENANCE
You understand and agree that SIA Cabinet Report applications maintenance may be required from time to time, and SI&A will endeavor to provide prior notice of such maintenance by posting notice on the home page of SIA Cabinet Report applications. It is also understood that no notice shall be provided to the District in the event emergency maintenance is required.
SI&A PRIVACY POLICY
The Family Education Rights and Privacy Act (FERPA) and California Education Code Sections 49073 et seq. apply generally to the issue of privacy of student information and records. Education Code Sections 49073 and 49076 provide limitations on the release of student directory information and access to student records by non-district third parties. Under the AGREEMENT, SI&A shall act as an agent of the District in order to provide certain legally required services on behalf of the District. As an agent of the District, SI&A shall be subject to the same duties
GENERAL TERMS AND CONDITIONS
The validity, interpretation, construction and performance of these Terms of Use shall be governed by the laws of the state of California. If any provisions of these Terms of Use shall be held to be invalid, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
ACCEPTANCE OF TERMS
SI&A owns all right, title, and interest in SIA Cabinet Report applications. Use of SIA Cabinet Report applications is granted, via periodic license and service subscriptions, by SI&A to school districts ("District(s)") under the terms of the "Special Services Agreement" (the "AGREEMENT"). If there is a conflict between the Terms of Use and the AGREEMENT, the latter shall control.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
By using this Site you hereby agree that you are an "Authorized User" and are obligated to comply with all of the requirements of an "Authorized User". "Authorized User" shall mean an individual authorized to use the Site by a District that has a current AGREEMENT with SI&A. As an Authorized User, you are bound by the terms and conditions of the AGREEMENT. You hereby acknowledge and agree that only the District's Authorized Users shall gain access to the SIA Cabinet Report applications via the Internet through the Authorized User's "Personal User Login" and "Password". "Personal User Login" shall mean the identification code given to the District's Authorized Users. "Password" shall mean the SIA Cabinet Report applications unique password provided by SI&A to the District's Authorized Users to enable access to SIA Cabinet Report applications. You are responsible for maintaining the confidentiality of the Password and Account and are fully responsible for all activities that occur under your Password and/or Account. You shall be solely responsible to immediately notify the District of the loss or theft of a Password so that the District may notify SI&A as required by the AGREEMENT.
TERMINATION OF USE
Your use of this Site is contingent upon your District having a current AGREEMENT with SI&A. Upon termination of the AGREEMENT, you shall no longer be an Authorized User and your use of SIA Cabinet Report applications shall cease immediately.
WARRANTY DISCLAIMER
THIS SITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THIS SITE, INCLUDING ANY SOFTWARE MADE AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO SIA Cabinet Report applications and ASSOCIATED MATERIALS, ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SI&A DOES NOT WARRANT THAT THE OPERATION OF THE SIA Cabinet Report applications WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SI&A, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SI&A BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGE OR LOSS, WHETHER IN AN ACTION OF CONTRACT OR FOR, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SIA Cabinet Report applications, ASSOCIATED MATERIALS, USE OF THIS SITE, OR USE OF ANY OTHER WEB SITE LINKED TO THIS SITE, EVEN IF SI&A IS AWARE OF, OR HAS REASON TO KNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless SI&A from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, including, but not limited to, attorneys' fees and costs, caused in whole or in part by your use of or access to SIA Cabinet Report applications and/or materials.
PROPRIETARY RIGHTS IN SIA Cabinet Report applications/NONDISCLOSURE
You hereby acknowledge and agree that SIA Cabinet Report applications is the sole property of SI&A. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make SIA Cabinet Report applications or the applicationsassociated materials available to any third party other than an Authorized User. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of SIA Cabinet Report applications or associated materials. Except as expressly stated herein, no part of SIA Cabinet Report applications or associated materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, or recording. You shall not disclose any review of SIA Cabinet Report applications, including but not limited to the results of any performance tests, to any third party without SI&A's prior written approval. You agree to make every reasonable effort to prevent unauthorized third parties from accessing SIA Cabinet Report applications. You acknowledge and agree that SI&A shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in SIA Cabinet Report applications and applications associated materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by the District or any other party relating to SIA Cabinet Report applications or associated materials.
CHANGES
SI&A reserves the right, at its sole discretion, to modify the Terms and Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes.
SIA Cabinet Report applications MAINTENANCE
You understand and agree that SIA Cabinet Report applications maintenance may be required from time to time, and SI&A will endeavor to provide prior notice of such maintenance by posting notice on the home page of SIA Cabinet Report applications. It is also understood that no notice shall be provided to the District in the event emergency maintenance is required.
SI&A PRIVACY POLICY
The Family Education Rights and Privacy Act (FERPA) and California Education Code Sections 49073 et seq. apply generally to the issue of privacy of student information and records. Education Code Sections 49073 and 49076 provide limitations on the release of student directory information and access to student records by non-district third parties. Under the AGREEMENT, SI&A shall act as an agent of the District in order to provide certain legally required services on behalf of the District. As an agent of the District, SI&A shall be subject to the same duties
GENERAL TERMS AND CONDITIONS
The validity, interpretation, construction and performance of these Terms of Use shall be governed by the laws of the state of California. If any provisions of these Terms of Use shall be held to be invalid, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
