Terms of Use - myRCS

1. Acceptance of Terms.

The myRCS website (the "Site") is a service provided by the Rochester Community Schools (the "District"). The Site and all the information, communications, software, scripting, photos, text, graphics, sounds, images and other materials and services found on the Website (collectively the "Content"), is the property of the District and is intended solely for the lawful and ethical use by District Parents, Students, Teachers and Administrators. The Site may be used solely under the terms and conditions of use set forth herein (the "Terms of Use"). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you agree that you have read, understand and agree and consent to be bound by these Terms of Use. If you are a Parent, you agree that the Site and the Terms of Use are acceptable to you and any of your children that may use the Site. If you do not agree to these Terms of Use, please do not use the Site. The District reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to the Terms of Use constitutes your consent to such changes. Any violations to these Terms of Use will result in the District removing your access privileges, and the District reserves the right to pursue any and all legal, equitable and/or disciplinary remedies against you. The use of the Site is a privilege and not a right.

2. Account, User Name and Password.

The Site is accessible only if you have been provided with a User Name and Password by the District's Information Technology Department. It is entirely your responsibility to maintain the confidentiality of your User Name and Password. Additionally, you are entirely responsible for any and all activities on the Site that occur under your User Name and Password, either with or without your knowledge/permission. You agree to notify the District immediately of any unauthorized use of your User Name and Password. You may cancel your User Name and Password by delivering notice to the District's Information Technology Department at the address set forth below. You shall immediately notify the District if a security problem is suspected or identified.

3. Restrictions on Use of Content.

You acknowledge that you have been advised by the District that certain Content on the Site is subject to the various restrictions under the Family Educational Rights to Privacy Act, 20 USC 1232g ("FERPA"). You are only granted access to view the "Education Records" and/or "Personally Identifiable Information," as a "Parent" or "Eligible Student," as those terms are defined under FERPA, or as an administrator, teacher or personnel of the District who has a legitimate educational interest, and further only in accordance with the laws and regulations promulgated under FERPA. Any unauthorized copying, viewing, displaying or other use of any Content on the Site is a violation of FERPA and/or other applicable law. Additionally, you acknowledge that you have been advised by the District that the Content may be protected in the United States and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively the "Rights"). You shall not attempt to gain or actually gain unauthorized access to the Site and shall not invade the privacy of another user of the Site, including attempts to gain unauthorized access by using the User Name and Password of another user of the Site. Additionally, you shall not attempt to access or actually access Content or the District's computer systems, data, materials or files that you are not authorized to access or you know or should know are prohibited. Any access to the Content or the Site terminates automatically if you breach any of these Terms of Use. You agree that your use of Content from the Site will at all times be in accordance with all applicable laws and any uploading, downloading, modification, publication, transmission, copying, reproduction, republishing, distribution, or in any other way exploiting any of the Content, in whole or in part, may not be made without the District's prior express written consent. The Site is not established as a public forum, either full or limited.

4. Trademarks and Service Marks.

There are a number of proprietary logos, service marks, trademarks, slogans and product and service designations found on the Site. By making them available on the Site, the District is not granting you a license to use them in any fashion. Access to the Site does not confer upon you any license under any of the District's or any third party's Rights.

5. DISCLAIMER.

THE DISTRICT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. THE DISTRICT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE DISTRICT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE DISTRICT DOES NOT WARRANT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

6. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE DISTRICT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF: (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE CONTENT; (III) UNAUTHORIZED ACCESS TO CONTENT OR THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THESE TERMS OR USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU BELIEVE ANY CONTENT ON THE SITE IS INACCURATE OR IN VIOLATION OF THE LAW, YOU MUST CONTACT THE DISTRICT'S INFORMATION TECHNOLOGY DEPARTMENT AND REQUEST THE DISTRICT TO AMEND THE CONTENT.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Indemnification.

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the District, the members of its Board of Education (in their individual and official capacities), its administrators, employees, agents and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of the law or these Terms of Use.

8. Monitoring of Site.

The Site utilizes cookies and log in files. The District reserves the right to monitor any and all activity involving the Site, including, but not limited to, log in activity, searching and review of the Site and its Content, at any time and for any reason. As such, any users of the Site have not no right of privacy in such data or use of the Site.

9. Use by District Administrators, Teachers, Staff and Students.

District Administrators, Teachers, Staff and Students who use the Site acknowledge and agree that in addition to these Terms of Use, their use of the Site is also subject to the District's Technology Resources Acceptable Use Policy and Regulations (the "AUP") and violation of these Terms of Use and/or the AUP may subject them to subject them to discipline and/or legal action as provided for in these Terms of Use and/or the AUP.

10. General Provisions.

a. Entire Agreement/No Waiver.

These Terms of Use constitute the entire agreement between you and the District with respect to the subject matter hereof. The District's failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

b. Correction of Errors and Inaccuracies.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The District therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.

c. Choice of Law/Choice of Forum.

Any and all disputes relating to these Terms of Use, your use of the Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Michigan, without regard to any conflict of laws provisions, except to the extent any federal laws, including, but not limited to FERPA, are applicable. Any legal or equitable action or proceeding with respect to these Terms of Use, or in connection with any matters related to the Site, shall be brought only in any court of the State of Michigan, Oakland County, or in any court of the United States of America sitting in the Eastern District of Michigan.

d. Severability of Provisions.

If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

e. Claims of Copyright Infringement.

If you believe that any Content on the Site constitutes copyright infringement, you must notify the District in writing. Please note that under Section 512(f)(1) of the Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability.

f. Communications.

Written communications concerning the Site or Content should be sent to the District by:

By mail:Rochester Community Schools

c/o Information Technology Department

501 W. University Drive

Rochester, Michigan 48307

October, 2009

If you have any questions regarding these Terms of Use, please contact the District using the above address.