Applies to SchoolDude applications, not www.schooldude.com (this website).
Welcome. As part of the Service, SchoolDude.com will provide you with use of the Service, including access to the system, data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement.
Price and Payment. You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide SchoolDude.com with valid credit card or purchase order information as a condition to signing up for the Service, except for trial periods which allow you to try the service for a limited time after which you must provide SchoolDude.com with valid credit card or purchase order information as a condition for continued service. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval.
We maintain the right to escalate our service fees upon client renewal. We will not escalate our service fees any more on a percentage basis than the relevant producer price index percentage escalation over the two most recent calendar years as published by the Bureau of Labor Statistics for similar products and services.
Charges. SchoolDude.com will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every year for annual subscriptions, or (b) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions. The renewal charge shall be equal to the previous period annual subscription fees for each module subscribed plus escalation fees as applicable. You will have 30 days after the date that any renewal fee is posted to notify SchoolDude.com that you wish to cancel your subscription, effective on receipt of such notification. All invoices shall be due and payable within 30 days after the invoice date.
Non-Payment. If timely payment is not received or cannot be charged to your credit card for any reason, SchoolDude.com reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement. If SchoolDude.com receives a cancellation notice from you, you will be obligated to pay balance due on your account. You agree that SchoolDude.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Non-Transferable Membership. SchoolDude.com and its licensors grant to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the “Content”) solely for your own internal business purposes. All rights not expressly granted by SchoolDude.com to you are retained.
Restrictions. You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services, is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party.
Third Party Interaction. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. SchoolDude.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. SchoolDude.com maintains the right to offer advertisements on certain pages of the system.
During your use of the Service, you may access content from third parties. You agree that SchoolDude.com is not responsible for the availability of, and content provided by third parties in connection with your use of the Service. You agree that SchoolDude.com is not responsible for third party content accessible through the Service, including opinions, advice, and statements and understand that you bear all risks associated with the use of such third party content. You agree that SchoolDude.com is not responsible for any loss or damage of any sort you may incur from dealings with any third parties associated with your use of the Service.
Links to Third Party Sites. SchoolDude.com does not endorse any sites on the Internet which are linked through the Service. SchoolDude.com is providing these links to you only as a matter of convenience, and in no event shall SchoolDude.com be responsible for any content, products, or other materials on or available from such sites.
User Accounts. A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with SchoolDude.com. To open a user account, you or your company must complete the registration process by providing SchoolDude.com with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company’s users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should SchoolDude.com suspect that such information is untrue, inaccurate, not current or incomplete, SchoolDude.com has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be “shared” or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.
User Responsibilities. You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify SchoolDude.com immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. SchoolDude.com shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by SchoolDude.com, or any transactions entered into through the Service or failure to abide by this Agreement.
For clients using the ITAMDirect service, you are solely responsible for upgrading and updating your systems to the most current version of the audit agent. Periodically, you will receive a “notice” of upgrade and accompanying directions to make sure your ITAMDirect service is up-to-date and functioning at current levels. If your account continues to use an old, out-of-date, version of the audit agent more than 120 days following an upgrade notice, then the provisions of “Use, Storage, and other Limitations” section set forth below, may result in a disruption of your ITAMDirect service.
Use, Storage and Other Limitations. SchoolDude.com reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on SchoolDude.com’s servers on your behalf. SchoolDude .com also reserves the right to block IP addresses originating a denial of service attack or IP addresses causing excessive amounts of data to be sent to SchoolDude.com’s servers. SchoolDude.com will notify you should this condition exist and inform you of our action. Once blocked, an IP address will not be able to access the SchoolDude.com solutions and the block may be removed once SchoolDude.com is satisfied corrective action has taken place to resolve the issue.
For ITAMDirect client’s failing to upgrade their systems within 120 days of an upgrade notice, SchoolDude.com reserves the right to not support out of date client audit agents. In such circumstances, SchoolDude.com will block accounts using out of date audit agents until an update and compliance with the upgrade notification is complete.
Termination. SchoolDude.com, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user membership upon notice to SchoolDude.com at any time. Upon termination, you will be granted a refund of any prepaid charges for the remaining term of your subscription starting within one month of our receipt of your notice less 20% of the prepaid balance. SchoolDude.com shall make available a file of Licensee’s data. Licensee must make such request at the notification of termination to receive such file within (30) days of termination. In addition, SchoolDude.com may terminate a free account if you do not first log-on within 30 days after registration or 90 days since your last log-on. Upon termination of an account, your right to use such account and the Service immediately ceases. SchoolDude.com shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Cookies. Cookies are files that your web browser places on your computer’s hard drive and are used to tell us whether you have visited the Service previously. SchoolDude.com uses a persistent cookie to help save and retrieve usernames used on the Service. SchoolDude.com issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.
Proprietary Rights. Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content and SchoolDude.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, stories, articles, text, images, and other multimedia data. SchoolDude.com and/or other SchoolDude.com products and services referenced herein are either trademarks or registered trademarks of SchoolDude.com. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
Indemnification. You shall indemnify and hold SchoolDude.com, its licensors, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties. SCHOOLDUDE.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SCHOOLDUDE.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA 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 REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, (VI) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SCHOOLDUDE.COM AND ITS LICENSORS.
Limitation of Liability. IN NO EVENT SHALL SCHOOLDUDE.COM’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL SCHOOLDUDE.COM AND/OR ITS LICENSORS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF SCHOOLDUDE.COM OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SCHOOLDUDE.COM’S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
Additional Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Operating Standards. Regarding the provisions contained in the Disclaimer of Warranties section set out above, SchoolDude.com strives to provide you with 99.9% system availability and uptime. We also strive to make every attempt to resolve errors or defects. Should SchoolDude.com fail to meet the availability standards contained in this section or fail to resolve an error or defect relating to your service, then you have the right to immediately cancel the service and receive a refund of any pre-paid charges for the remaining term of your subscription.
Local Laws and Export Control. SchoolDude.com controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. SchoolDude.com makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Submissions. SchoolDude.com alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service (“Submissions”) and you agree to assign such Submissions to SchoolDude.com free of charge. SchoolDude.com may use such Submissions as it deems appropriate in its sole discretion.
Notice. SchoolDude.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in SchoolDude.com’s account information, or by written communication sent by first class mail to your address on record in SchoolDude.com’s account information. You may give notice to SchoolDude.com (such notice shall be deemed given when received by SchoolDude.com) at any time by any of the following: electronic mail to firstname.lastname@example.org; letter sent by confirmed facsimile to SchoolDude.com at the following fax number: (919) 816-8346; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SchoolDude.com at the following address: SchoolDude.com, 11000 Regency Parkway, Suite 200, Cary, NC 27518.
Modification to Terms. Unless there is a separate written agreement executed by both Parties, SchoolDude.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Beneficiaries. The rights and limitations in this Agreement are also for the benefit of SchoolDude.com’s licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.
General. This Agreement will be governed by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Cary, NC. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. The English language version of this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and SchoolDude.com as a result of this agreement or use of the Service. The failure of SchoolDude.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SchoolDude.com in writing. This Agreement comprises the entire agreement between you and SchoolDude.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@SchoolDude.com.