Terms of Use for Tyler Edulink Websites

 

AGREEMENT BETWEEN USER AND Tyler Edulink.:  This website is comprised of various web pages operated by Tyler Edulink. These Terms of Use shall apply to all websites owned and/or operated by Tyler Edulink. The Tyler Edulink website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tyler Edulink website constitutes your agreement to all such terms, conditions, and notices.

END USER AGREEMENT: If you do not agree to the terms of this Agreement, do not use the Service.

Tyler Edulink, LLC (“Tyler Edulink”) grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license to access the Service, solely for the professional purposes set forth within the scope of your employment with your school District/Organization or organization (the “District/Organization”).  You are granted the right to access the Service, and to upload and utilize any information obtained through the Service (collectively, the “Information”) strictly in accordance with the terms of this Agreement, the agreement between EduLink and your District/Organization, and any and all applicable laws.

You represent and warrant that the District/Organization has granted you the right to access the Service and to upload and utilize the Information. You agree not to, and will not permit or otherwise allow others to: sell, rent, license, distribute, transmit, host, outsource, disclose or commercially exploit the Service or any Information, or otherwise make the Service or any Information available to any third party. You agree to use reasonable efforts to enter all Information accurately and in a timely manner, not to present any Information  in any unfair, misleading, or discriminatory format, and you agree to take reasonable security precautions to prevent unauthorized persons from gaining access to the Service or any Information.

You acknowledge that Tyler Edulink, in its sole discretion, reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service, with or without notice and without liability to you. You further acknowledge and agree that no service can be deemed completely secure. There is a risk that unauthorized access or use, a compromise of our hardware or software, a failure of our hardware or software, human error, or a number of other factors may possibly compromise the security of your information.

The Service and the Information are provided to you “AS IS” without warranty of any kind. Tyler Edulink makes no warranties of any kind to you, express, implied or statutory (including, without limitation, timeliness, sequence, completeness, accuracy, freedom from interruption), or any implied warranties arising from trade usage, course of dealing, or course of performance, or the implied warranties of merchantability or fitness for a particular use or purpose.

Under no circumstances shall Tyler Edulink be liable to you or any other person for any direct, indirect, special, punitive, consequential, or incidental loss of any nature arising from any cause whatsoever, including, but not limited to, unavailability, interruption, or delay of the Service or the incompleteness or inaccuracy or any compromise of the Information, even if Tyler Edulink has been advised of the possibility of such damages.

Neither Tyler Edulink nor Tyler Edulink’s third-party information providers make any warranties of any kind, express, implied or statutory (including, without limitation, timeliness, sequence, completeness, accuracy, freedom from interruption), any implied warranties arising from trade usage, course of dealing, or course of performance, or the implied warranties of merchantability or fitness for a particular use or purpose and they shall have no liability for the accuracy of, the compromise of, or for any delays or omissions in, any of the information provided by them. Neither Tyler Edulink nor Tyler Edulink’s third-party information providers shall have any liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of yours, or any other person seeking relief through you, even if Tyler Edulink and/or the third-party information providers, as applicable, have been advised of the possibility of such damages.

You agree to indemnify and hold harmless Tyler Edulink and its employees, officers, directors, and other agents from any and all claims or losses imposed on, incurred by or asserted as a result of or relating to: (a) any noncompliance by you with the terms and conditions of this Agreement; and (b) any third-party actions related to your use of the Service and/or receipt and use of the Information, whether authorized or unauthorized under the Agreement.

This Agreement shall remain in effect until terminated by you, your District/Organization or Tyler Edulink. Tyler Edulink or your District/Organization may suspend or terminate this Agreement with or without prior notice to you.  This Agreement will terminate immediately, without prior notice to you, in the event you fail to comply with any provisions of this Agreement or otherwise are no longer authorized by your District/Organization to receive access to the Service. Upon termination of this Agreement, you shall cease all use of the Service and the Information.

NEITHER YOUR DISTRICT/ORGANIZATION NOR ANY OF ITS AGENTS MAY MODIFY OR WAIVE ANY TERM OF THIS AGREEMENT.  ANY ATTEMPT TO MODIFY THIS AGREEMENT, EXCEPT BY TYLER EDULINK, IS VOID. No failure on the part of Tyler Edulink to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any of the provisions of this Agreement, or application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

The terms of this Agreement apply to those obligations that shall survive any cancellation, termination, or rescission, including, without limitation, obligations relating to indemnification, limitation of liability, warranties, and disclaimers of warranties.

This Agreement shall be deemed to have been made in the United States in the Commonwealth of Pennsylvania, and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the Commonwealth of Pennsylvania, without reference to principles of conflicts of laws thereof. You hereby consent to submit to the jurisdiction of the courts of or for the Commonwealth of Pennsylvania in connection with any action or proceeding instituted relating to this Agreement.

MODIFICATION OF THESE TERMS OF USE:  Tyler Edulink reserves the right to change the terms, conditions, and notices under which the Tyler Edulink website is offered. Any such changes will be posted in these Terms of Use.  Tyler Edulink encourages you to periodically review the Tyler Edulink website for changes to the Terms of Use.

LINKS TO THIRD-PARTY SITES:  The Tyler Edulink website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tyler Edulink and Tyler Edulink is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tyler Edulink is not responsible for web casting or any other form of transmission received from any Linked Site. Tyler Edulink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tyler Edulink of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE:  As a condition of your use of the Tyler Edulink website, you warrant to Tyler Edulink that you will not use the Tyler Edulink website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tyler Edulink website in any manner which could damage, disable, overburden, or impair the Tyler Edulink website or interfere with any other party’s use and enjoyment of the Tyler Edulink website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tyler Edulink websites.

USE OF COMMUNICATION SERVICES:  The Tyler Edulink website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights
  of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Knowingly or intentionally upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Tyler Edulink has no obligation to monitor the Communication Services. However, Tyler Edulink reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tyler Edulink reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Tyler Edulink reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tyler Edulink’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tyler Edulink does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tyler Edulink specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tyler Edulink spokespersons, and their views do not necessarily reflect those of Tyler Edulink.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TYLER EDULINK OR POSTED AT ANY TYLER EDULINK WEBSITE:  Tyler Edulink does not claim ownership of the materials you provide to Tyler Edulink (including feedback and suggestions) or post, upload, input or submit to any Tyler Edulink website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tyler Edulink, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission and your use of the website.  Tyler Edulink will not share any of your personal, confidential or proprietary data or information, except for your use, and the use of your employees agents and representatives. of the website without your prior written consent.

No compensation will be paid with respect to the use of your Submission, as provided herein. Tyler Edulink is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tyler Edulink’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER:  THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TYLER EDULINK WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TYLER EDULINK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TYLER EDULINK WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE TYLER EDULINK WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TYLER EDULINK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TYLER EDULINK WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TYLER EDULINK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYLER EDULINK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR  IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TYLER EDULINK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE TYLER EDULINK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TYLER EDULINK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TYLER EDULINK WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TYLER EDULINK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TYLER EDULINK WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TYLER EDULINK WEBSITE.

APPLICABLE LAW; CONSENT TO JURISDICTION: The Tyler Edulink websites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Commonwealth of Pennsylvania, by accessing the Tyler Edulink websites both you and Tyler Edulink hereby agree that (i) the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Tyler Edulink websites, and (ii) the state or federal courts located in Allegheny County, Pennsylvania will be the exclusive venue and jurisdiction for any matter or dispute arising between you and Tyler Edulink or in any way relating to your membership or use of Tyler Edulink websites.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT AND TRADEMARK NOTICES:  Except for the materials posted on the Tyler Edulink websites, all contents of the Tyler Edulink websites are the sole and exclusive property of Tyler Edulink.   

TRADEMARKS:  Any third party trademarks displayed on the Tyler Edulink website are owned by the respective third parties.

Any rights not expressly granted herein are reserved.

COLLECTION OF YOUR PERSONAL INFORMATION:  Tyler Edulink collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Tyler Edulink also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by Tyler Edulink. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Tyler Edulink for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Tyler Edulink website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Tyler Edulink public message boards, this information may be collected and used by others.

Tyler Edulink encourages you to review the privacy statements of websites you choose to link to from Tyler Edulink so that you can understand how those websites collect, use and share your information. Tyler Edulink is not responsible for the privacy statements or other content on websites outside of the Tyler Edulink and Tyler Edulink family of websites.



USE OF YOUR PERSONAL INFORMATION:  Tyler Edulink collects and uses your personal information to operate the Tyler Edulink website and deliver the services you have requested. Tyler Edulink also uses your personally identifiable information to inform you of other products or services available from Tyler Edulink and its affiliates. Tyler Edulink may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Tyler Edulink does not sell, rent or lease its customer lists to third parties. Tyler Edulink may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Tyler Edulink may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Tyler Edulink, and they are required to maintain the confidentiality of your information.

Tyler Edulink does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Tyler Edulink keeps track of the websites and pages our customers visit within Tyler Edulink, in order to determine what Tyler Edulink services are the most popular. This data is used to deliver customized content and advertising within Tyler Edulink to customers whose behavior indicates that they are interested in a particular subject area.

Tyler Edulink websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Tyler Edulink or the site; (b) protect and defend the rights or property of Tyler Edulink; and, (c) act under exigent circumstances to protect the personal safety of users of Tyler Edulink, or the public.

Tyler Edulink websites are used by organizations to track and manage data; to take registrations for activities, events, classes, etc.  Administrative users within these organizations have access to data that is entered into the system.  Each organization operates independently from Tyler Edulink, and may have privacy and security policies wholly different from Tyler Edulink. Prior to entering information on an Tyler Edulink website, Tyler Edulink encourages you to contact the organization and review the organization’s privacy and security practices. Tyler Edulink bears no responsibility for the activities of any organization to whom Tyler Edulink may provide information.

Notwithstanding anything to the contrary herein, any material or information, personal or otherwise, may be transferred or assigned to (i) a purchaser of a majority of Tyler Edulink’s equity interests (ii) a purchaser of all or substantially all of Tyler Edulink’s assets or (iii) to any purchaser of the information or any of Tyler Edulink’s assets arising from a bankruptcy or insolvency proceeding.

USE OF COOKIES: The Tyler Edulink website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Tyler Edulink pages, or register with Tyler Edulink website or services, a cookie helps Tyler Edulink to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Tyler Edulink website, the information you previously provided can be retrieved, so you can easily use the Tyler Edulink features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Tyler Edulink services or websites you visit.



SECURITY OF YOUR PERSONAL INFORMATION:  Tyler Edulink secures your personal information from unauthorized access, use or disclosure. Tyler Edulink secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.  

CONTACT INFORMATION: Tyler Edulink welcomes your comments regarding these Terms of Use. You may contact Tyler Edulink at (724) 553-9354 or at info@tylertech.com.