QuickSchools.com Master Subscription Agreement

Please read this Master Subscription Agreement carefully. By using or accessing any of our Services, you (as the "User") agree to the terms of this Services. "Services" refers to the QuickSchools.com service entirely. If you do not agree, do not use our Services. This Services Terms of Use is a legal agreement between you and QuickSchools Inc. This agreement governs the Services, and content available through it for trial users and paying customers. It also governs support services (if any) available as part of your subscription. If a separate or supplemental agreement appears when you access any element of the Service, its terms will control as to that element.

THIS AGREEMENT CONSTITUTES A BINDING CONTRACT ON YOU AND GOVERNS THE USE OF AND ACCESS TO THE SERVICES BY YOU, WHETHER A WITH A PAID SUBSCRIPTION OR DURING THE FREE TRIAL SUBSCRIPTION TO OUR SERVICES.

Changes to Terms. QuickSchools Inc reserves the right to update and change the terms and conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Master Subscription Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of our Master Subscription Agreement at any time on our website here.

Monitoring and Enforcement. Violation of any of the terms below will result in the termination of your Account. While QuickSchools, Inc. prohibits such conduct and Content on the Service, you understand and agree that QuickSchools, Inc. cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Last Updated: August 11, 2021

1. Account Registration

   1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

   2. By registering and using our Services, you represent that you are 13 years of age and older or have obtained parental consent.

   3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

   4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

   5. You are responsible for maintaining the security of your account and password. QuickSchools Inc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

   6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

   7. One person or legal entity may not maintain more than one free account.

   8. You may not use the Service for any illegal or unauthorized purposes. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Access to Our Services

   1. QuickSchools Inc 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.

   2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the QuickSchools.com site.

   3. QuickSchools Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

3. Use of Our Services

   1. Technical support is only provided to paying account holders and is only available via email.

   2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, QuickSchools Inc, or any other QuickSchools Inc service.

   3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by QuickSchools Inc.

   4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

   5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any QuickSchools Inc customer, employee, member, or officer will result in immediate account termination.

   6. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

   7. You understand that because no security system can be 100% effective, we cannot completely guarantee the security of any information we store, process or transmit.

   8. You must not transmit any worms or viruses or any code of a destructive nature.

   9. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by QuickSchools Inc) of other QuickSchools.com customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

4. Free Trials

   1. You must represent a school or a group of schools (“School”) in order to qualify for the free trial.

   2. QuickSchools Inc, at its absolute discretion, reserves the right to extend or shorten or terminate the length of the free trial.

   3. Your School can fully utilize the free trial period to use all features made available.

   4. If you need more time beyond the stipulated period, contact QuickSchools Inc and tell us why. We reserve the right to refuse or approve the extension request.

   5. After the free trial period has ended, your School may choose to terminate the account or continue on a paying account.

   6. A valid credit card number is only required for paying accounts and is not required for a free account registration.

   7. Once your account is converted to a paying account, your free trial period is over. You will be billed for your first month immediately upon conversion.

5. Payment, Refunds, Upgrading and Downgrading Terms

   1. The Service is billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For other reasons not mentioned above, then refunds will be given at the discretion of the Company Management.

   2. Calculation of how much you are billed is based on the number of students enrolled in the QuickSchools.com student management feature on the bill date. Students whose records have been marked in the system as having left the school or as having been deleted do not count towards the student total.

   3. Monthly bills are payable in full 10 days after the bill date where checks are used to make payments.

   4. If we do not receive payment by the due date, the system will automatically lock-out your account. Users under the account will not be able to log-in until the outstanding payment is received in full. If the full outstanding payment is not received within 30 days after the due date, then your account and all data contained within will be deleted.

   5. You can cancel at any time. No further payments are required from you upon account cancellation.

   6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

   7. For any upgrade or downgrade in plan level, you will automatically be billed the new rate on your next billing cycle.

   8. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. QuickSchools Inc does not accept any liability for such loss.

6. Cancellation and Termination

   1. You are solely responsible for properly cancelling your account, which can be done via email to cancel at QuickSchools dot com.

   2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

   3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

   4. QuickSchools Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the Service, or any other QuickSchools Inc service, if we reasonably believe that you have violated any of our terms. Such termination of the Service will result in the deactivation or deletion of your Account, denying of access to your Account, and the forfeiture and relinquishment of all Content in your Account.

7. Third Party Service Providers

   1. You understand that QuickSchools Inc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

   2. Our Services Terms of Use do not apply to third party service providers, and we are not responsible for how they collect personal information and use them. We advise users to look at their privacy policies and terms of services to know their policies.

8. Intellectual Property Rights

   1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

   2. QuickSchools Inc does not pre-screen Content, but QuickSchools Inc and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

   3. The look and feel of the Service is copyright©2003-2018 QuickSchools Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Flash pages or visual design elements without express written permission from QuickSchools Inc.

9. Privacy Practices

   1. Your personal data that QuickSchools collect and use are in accordance with our Services Privacy Policy, available here.

   2. We will only use and process your personal information to provide you with our Services.

   3. If you do not agree to our Services Terms of Service or Services Privacy Policy, you must NOT access and must cease use of our Services.

10. Indemnification

    1. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

11. Warranties and Disclaimers

    1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

    2. QuickSchools Inc does not warrant that

       1. the service will meet your specific requirements,

       2. the service will be uninterrupted, timely, secure, or error-free,

       3. the results that may be obtained from the use of the service will be accurate or reliable

       4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and

       5. any errors in the Service will be corrected.

12. Limitation of Liability

    1. You expressly understand and agree that QuickSchools Inc 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 QuickSchools Inc. has been advised of the possibility of such damages), resulting from:

       1. the use or the inability to use the service;

       2. 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;

       3. unauthorized access to or alteration of your transmissions or data;

       4. statements or conduct of any third party on the service; or

       5. any other matter relating to the service.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Miscellaneous

    1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and the Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request.