To access, browse, or use our Services, you must agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by yumeskip in the user interface for any Service, or by actually using the Service. These Terms will remain in effect while you use the Services. If you do not agree and accept these Terms, you may not use the Services and you should immediately cease all usage of this Site. You must be of legal age and capacity to form a binding contract in order to accept the Terms. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected]
Family Educational Rights & Privacy Act (FERPA)
The Federal Educational Rights and Privacy Act (FERPA) is a U.S. federal law that requires student information to be kept private but made available to parents. The Company provides several security features within the Services to protect the privacy of students’ grades and other Personal Information. Each school and district that uses yumeskip as its gradebook is responsible for complying with all legal requirements, including FERPA, and yumeskip is not liable for any noncompliance with such legal requirements by a school or school district. Please see our Privacy Notice for more details.
Consent to Do Business Online
By accessing our Site, registering with yumeskip, or typing your name into any of our electronic forms and indicating your acceptance or submission of information clicking a box, you consent to (a) the Company communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from the Company electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink.
The Company will use electronic documents for all communications, agreements, disclosures, authorizations and other documents necessary to provide you with the Services. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically.
You agree to be responsible for keeping your own Records. You may print or download Records from yumeskip and keep them for your own reference.
If you require assistance with your Records or if you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at [email protected] Agreements and transactions executed prior to this request will remain valid and enforceable.
Communications from yumeskip
Our Services may include certain communications from yumeskip. We may use your contact information to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, mail or other means. We may send you marketing communications by email or mail . You understand that you receive these communications as part of your use of the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving marketing communications from yumeskip. However, you will not be able to opt out from receiving service announcements and administrative messages.
yumeskip, including the Parent and Student Portal, is only available to registered users who set up a user profile on yumeskip (“yumeskip Users”). When you create a user profile, we will ask you to provide Personal Information as described in our Privacy Notice and to create a password. You represent and warrant that (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information.
It is your responsibility to safeguard your account information and password. You are responsible for all activity associated with your account. You agree to notify the Company immediately of any unauthorized use or suspected unauthorized use of your user profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may delete your yumeskip User profile at any time, for any reason, by following the instructions on yumeskip.
The Company may suspend or terminate your account at any time or for any reason at our sole discretion. Unpaid yumeskip User accounts that are inactive for a continuous period of 120 days will be terminated, and all data associated with such user account will be deleted. Account termination may result in destruction of any Content, files or information associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of the Company or its users. If you have deleted your account by mistake, contact us immediately at [email protected] will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Contents and Ownership
Unless otherwise expressly indicated, the information contained in our Site and on yumeskip, including but not limited to all images, illustrations, designs, photographs, video clips, text, icons, designs written information, Reports (defined below), and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (collectively, the “Contents”) by Company and its affiliates, or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. The names and logos for yumeskip, and any other entity over which Company has control, are registered marks of Company. Company and the other licensors of the marks on the Site reserve all rights with respect to all Contents. The absence of a name or logo on the Site or on yumeskip does not constitute a waiver of any intellectual property rights established in any of our Contents. The collection and compilation of the Contents are separately protected and copyrighted works owned exclusively by Company.
No trademark or service mark license is granted in connection with any of the Contents. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage us. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights to or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid.
Reports. The Company may, from time to time, deidentify the Personal Information (“Deidentified Information”) that we collect directly from a yumeskip User or from a school or school district and combine it with others’ Deidentified Information in order to generate reports and studies. The Company uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of the Company. You hereby assign any rights you may have to such reports and studies and your Deidentified Information contained therein to the Company in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. The Company shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, the Company may use any ideas, concepts, know-how, or techniques contained in generating repots or studies for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.
Your Use of the Services
As a user of our Services, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal use. You may not use the Services for any commercial purpose (other than for transacting business with Company) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer any portion of the Services (including the Content), or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject a user to legal action.
By using the Services and their features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our Site and its features does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.
You are solely responsible for the content of any comments you make on the Site or on yumeskip.
User Generated Material. If and to the extent that the Site or yumeskip accepts user generated material, yumeskip Users and Site visitors may have the opportunity to publish, transmit, submit or otherwise post comments, photos, or other materials on the Site (“User Generated Material”) that may be accessible and viewable by the public or other yumeskip Users. With respect to any User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies.
Additionally, User Generated Material must not:
contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
violate the Company’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
create or threaten harm to any person or loss or damage to property;
include others’ Personal Information, such as their address, phone number, email address, social security number, financial information, or any other information that may be used to track, contact, or impersonate that individual;
infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of yumeskip or any other person;
seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
misrepresent your identity or affiliation with any person or organization, including yumeskip;
seek to collect others’ email addresses, usernames, or passwords by any means for any purpose;
seek to transmit chain letters, bulk or junk email, whether automated or not, or to interfere with, disrupt or create an undue burden on the Company or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
relate to commercial activities such as contests, sweepstakes, or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
be otherwise objectionable or non-family friendly as determined by the Company at our sole discretion.
Please choose carefully the information that you post on the Site and that you give to other users. We discourage you from publicly posting your full name, telephone number, street address, email address or other information that identifies you or allows strangers to find you or to steal your identity. You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Site and from any claims related to the conduct of any other users.
We reserve the right, but have no obligation, to monitor, review, screen, post, remove, reject, modify or store User Generated Material at any time and for any reason without notice. We also reserve the right to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Site and your interactions with other users.
We may refuse, alter, or remove User Generate Material without notice for any reason at our sole discretion, including our belief that the User Generate Material may violate these Terms or is otherwise objectionable. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Restrictions to Your Use of the Site. Accessing the Site does not authorize you to use any Contents in any manner. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Contents without the prior written permission of Company or the applicable owner. You may only display, download, and print in hardcopy format the Contents for the purposes of using the Site as an internal or personal resource. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents on this Site, including reproduction for purposes other than as noted above and including any reproduction, modification, distribution, or republication, may violate copyright or trademark laws and is strictly prohibited without the prior written permission of Company.
Prohibited Uses. You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. You represent, warrant, and agree that you will not use the Services or this Site or otherwise interact with the Services in a manner that:
infringes on or violates the copyright, trademark, or other proprietary or intellectual property rights, or any other rights of anyone else (including the Company);
violates any law or regulation;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including adult or pornographic content);
jeopardizes the security of your yumeskip account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); and,
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies, reuses or stores any Confidential Data or Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
You are strictly prohibited from violating or trying to violate the security features of the Services, such as by:
accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing;
attempting to interfere with service to any user, host or network, such as by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing; or
sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers.
If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Links to Other Websites
Links to websites from the Site are provided solely for your convenience. The Company is not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. Inclusion of any linked website on our Site does not imply the Company’s approval or endorsement of the website. If you click through to another website, you do so at your own risk.
Please be aware that when you click on links that take you to external websites, you will be subject to their privacy policies and practices and not ours. We strongly encourage you to read their privacy notices. Any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the website’s owner or operator.
You acknowledge that you have read and understand our Privacy Notice. You may review our Privacy Notice at any time by visiting our Site and clicking on the Privacy Notice link on each Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH THE COMPANY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE.
USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF (OR INABILITY TO USE) OUR SITE. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE COMPANY, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF OUR SERVICES IN VIOLATION OF OUR TERMS, (B) YOUR BREACH OF OUR TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
Without limiting the foregoing provisions or the provisions of our Privacy Notice, the limit on total cumulative liability owed by the Company to you or any person for any claims arising form or relating to the service shall be limited to a maximum of the amount you have paid the Company for our Services in the 12 months preceding the date of the claim giving rise to such liability.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without prior written consent from the Company. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing Law and Venue
The Company controls and operates the Services from its offices within the United States. Claims relating to, including the use of, the Services and the materials contained herein are governed by the laws of the United States and the State of Oregon, without regard to its conflicts of laws rules. If you choose to access the Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. The state and federal courts located nearest to Washington County, Oregon, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.
Class Action Waiver
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST THE COMPANY RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST THE COMPANY OTHERWISE COMMENCED.
Note: this Arbitration Agreement applies only to users in the United States.
YOU AND THE COMPANY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any claim or dispute arising from or relating to these Terms and their interpretation or to the breach, termination or validity thereof, or to the relationships that result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled exclusively by binding, individual arbitration, rather than in court, and to be held in New York, New York, or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. The Company will provide such notice by email to your email address on file with us, and you must provide such notice by email to [email protected] During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator(s) will be final and binding on each of the parties. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Neither the Company nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Oregon.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to modify these Terms at any time by updating this posting without notice. All changes are effective immediately when posted and apply to all access to, and use of, the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.