Close

Terms of Use

Acceptance of the Terms of Use


These terms of use are entered into by and between You and AccelaSchool, a Pennsylvania limited liability company (“Company”, “we”or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of Company’s web based services, including any content, functionality and services offered on or through www.accelaschool.com (and subdomains thereof) (the “Website Services”).


Please read the Terms of Use carefully before you start to use the Website Services. By using the Website Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Useand our Privacy Policy, found at http://www.accelaschool.com/download/43, incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website Services. 


The Website Services are offered and available to users who are 18 years of age or older, or legally emancipated minors, or school district personnel with requisite authority. By using the Website Services, you represent and warrant that you are of legal age, and have the property authority, if applicable, to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website Services. 


Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 


Accessing Website Services and Account Security


We reserve the right to withdraw or amend the Website Services, and any service or material we provide on or through the Website Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website Services, or the entire WebsiteServices, to users, including registered users.


You are responsible for:

  • Making all arrangements necessary for you to have access to the Website Services.
  • Ensuring that all persons who access the Website Services through your internet connection are aware of these Terms of Use and comply with them.


To access the Website Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website Services that all the information you provide on the Website Services is correct, current and complete. You agree that all information you provide to register with the Website Services or otherwise, including but not limited to through the use of any interactive features on the Website Services, is governed by our Privacy Policy.


If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.


Intellectual Property Rights


The Website Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.These Terms of Use permit you to use the Website Services for your specific authorized use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website Services in breach of the Terms of Use, your right to use the Website Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website Services or any content on the Website Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.



Prohibited Uses


You may use the Website Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

Additionally, you agree not to:

  • Use the Website Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website Services, including their ability to engage in real time activities through the Website Services.
  • Use any robot, spider or other automatic device, process or means to access the Website Services for any purpose.
  • Use any manual process to monitor or copy any of the material on the Website Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website Services, the server(s) on which the Website Services is stored, or any server, computer or database utilized to provide or connected to the Website Services.
  • Otherwise attempt to interfere with the proper working of the Website Services.

User Content


The Website Services may contain personal pages or profiles and other interactive features that allow you to upload and post content or materials regarding you, and, if applicable, your children (collectively, “User Content”) on or through the Website Services.


By providing any User Content to the Website Services, you grant us and our respective licensees, successors and assigns, on behalf of yourself, and, if applicable, your children, the right to distribute and otherwise disclose User Content to third parties you authorize.


You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.


We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website Services.


Regulatory Compliance


Various information security laws, regulations, and industry standards apply to us and the data we handle.


Federal and state laws protect your (and, if applicable, your children’s’) personal information, such as Social Security numbers, driver's license numbers, financial account information, health information and other sensitive data. Most states have enacted breach notification laws that require organizations to notify affected individuals if personal information is lost or accessed by unauthorized parties. Some states have enacted data protection laws that require organizations to protect personal information.


We are committed to complying with applicable laws, regulations, and standards governing the information we receive from you.


Monitoring and Enforcement; Termination


We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website Services.
  • Terminate or suspend your access to all or part of the Website Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS YOU OR YOUR CHILDREN MAY HAVE RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.


However, we do not undertake to review material before it is posted on the Website Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Changes to the Website Services


We may update the content on the Website Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website Services may be out of date at any given time, and we are under no obligation to update such material.


Information About You and Your Content


All information we collect on the Website Services is subject to our Privacy Policy. By using the Website Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Other than in the instances listed in these Terms of Use and the Privacy Policy, we will not disclose your information without your prior written consent.


Disclaimer of Warranties


YOUR USE OF THE WEBSITE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON­INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability


IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU OR YOUR CHILDREN, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT YOU UPLOAD TO OR ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Third Party Technology


YOU ACKNOWLEDGE THAT THERE MAY BE PARTICULAR SERVICES, SOFTWARE, DEVICES OR OTHER TECHNOLOGY THAT COMPANY RECEIVES FROM THIRD PARTIES, INCLUDING HOSTING OF DATA ON THIRD PARTY SERVERS. COMPANY SHALL NOT BE HELD RESPONSIBLE FOR INTERRUPTIONS IN SERVICE, DATA LOSS OR BREACH DUE TO ANY FAILURE OR LOSS CAUSED BY OR RESULTING FROM SUCH THIRD PARTY SERVICES, SOFTWARE, DEVICES OR OTHER TECHNOLOGY. WE WILL NOTIFY YOU IN ACCORDANCE WITH APPLICABLE LAW IN THE EVENT OF A DATA LOSS OR BREACH.


Indemnification


You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website Services, any use of the Website Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website Services.


Governing Law and Jurisdiction


All matters relating to the Website Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).


Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Pittsburgh and County of Allegheny, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration


At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.


Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability


No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement


The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and AccelaSchool with respect to the Website Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website Services.


Contact Us


You can contact us:

  • by US MAIL, using the postal address PO Box 104, Presto PA 15142;
  • using our website contact form;
  • by telephone, on the contact number published on our website; or
  • by email, using the email address published on our website.