District Management Group, LLC

Terms of Use for dmPlanning.org

District Management Group, LLC (“we” or the “Company”) provides an online web-based application known as dmPlanning (“Application”) made available at the website www.dmplaning.org (the “Site”) and the products, software and materials in or made available through the Application (including any update, revision, enhancement, new feature and/or the addition to) as well as related set-up and training services (together, the “Services”). Our clients are school districts (the “District”). A District will identify and authorize certain employees or representatives to use the Site and Services on the District’s behalf (“You” or “Authorized User”). Only Authorized Users and Company employees have access to the Site and Services.

The information collected by the Application, Site or Services, including User Content as described below, belongs to your District. We will destroy all information or data collected upon the written request of your District.

By using the Site or the Services, you accept and agree to abide by these Terms of Use and all policies contained herein, including our Privacy Policy. If you do not agree with these Terms, including our Privacy Policy, you must not use or access the Site or Services

Changes to Terms of Use, Services, Site, and/or Privacy Policy

We may update or modify these Terms of Use, the Site, or our Privacy Policy from time to time, including any referenced policies and other documents. If we change the terms in any substantive way, we will use reasonable efforts to notify you (by, for example, sending an email to the account administrator, or in the Product itself).

If you continue to use the Site or our Services after we post changes to the Terms or Privacy Policy, you are signifying your acceptance of the new Terms and Privacy Policy as well as the changes in the Site or Services. Our Privacy Policy is located at https://dmplanning.org/policies/privacy. If you do not accept changes you should stop using the Site and Services.

The Terms of Use are effective as of March 8, 2017.

Age Restrictions

The Site and the Services are intended for use by individuals who are at least 18 years of age. By using the Site or the Services, you confirm you are at least 18. If you are not, you may not access the Site or Services.

Passwords

Authorized Users must use a password to access the Site and Services. You are responsible for all conduct and content related to your password and should keep your password confidential.

Electronic Communications

If you access the Site or Services, you are agreeing that we may send notices, alerts, and other communications to you by electronic means, such as email. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Trademarks and Copyrights

The Company name and logo and all other trademarks, service marks, or trade dress associated with the Services and Site (“Company Trademarks”) are owned by Company or are used with the permission of a third-party trademark owner. All designs, web pages, and source code included in the Site, Services or Application (“Company Copyrights”) are copyrighted or licensed by Company and are protected by United States and international copyright laws. Material from the Site, including Company Content and User Content (as defined below), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company. Unauthorized use of any material on the Site or any Company or third-party trademarks is prohibited by law.

Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, at the address provided under Contact Us, below:

Submissions and Communications; User Content

The Site enables Authorized Users to post their name along with information and comments about their professional activities relating to the Services. The Site also enables Authorized Users to respond to surveys and questions relating to the Site and Services, (together “User Content”). All submissions and User Content are only viewable to other Authorized Users in your District. You agree that you will not upload or transmit any User Content, including but not limited to remarks, comments, postings, submittals, messages, information, data, or other materials to the Site or Services that:

  1. you know is false or misleading;
  2. is offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, as determined by Company;
  3. is abusive, threatening, obscene, defamatory, or libelous, as determined by Company;
  4. exploits people in a sexual or violent manner, as determined by Company;
  5. solicits personal information from anyone under the age of 13;
  6. solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of the Services; or
  7. includes a photograph of another person that you have posted without that person's consent.

By submitting User Content through the Site or Services you represent and warrant that you have the right to do so and that, to the extent permitted by applicable law, you grant Company a non-exclusive, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, display, and create derivative works of any User Content (in whole or in part) and to incorporate all or any portion of it on an aggregate (non-personally identifiable) basis in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such User Content, solely for the purposes of providing the Services and to modify, enhance, expand and improve Company products and services. You understand that anything that you post on or make available to others through the Services may remain available to others through the Services, in whole or in part, even after your use of the Site or Services terminates. Company will be entitled to use the User Content without compensation to you or any other person. Company will not be liable to you or any other person for any ideas (including, without limitation, product designs) derived from the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of Company.

You acknowledge and agree that you are responsible for whatever User Content you submit, and that you, not Company, will have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. Company will have the right, but not the responsibility, to refuse to post, remove, or edit all or any portion of any User Content. As a user of the Services, you will represent yourself accurately and truthfully at all times.

Information Available through the Site

Company grants you permission to use any data or information that it creates and/or owns and may make available through the Services (collectively, the “Company Content” and together with all User Content, the “Content”), provided that: (a) you do not modify the Company Content; (b) your use of the Content is for the Purpose only and the Content will not be posted on any network computer or broadcast in any media; and (c) you will retain privacy notices, copyright notices and other proprietary notices on every copy you make. Company may revoke this permission at any time and, if it does so, you agree to stop using the Content immediately. Use for any purpose other than the Purpose is expressly prohibited by law.

Company may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Company Trademarks, Company Copyrights and/or Company Content (collectively “Proprietary Information”), and Company and its licensors retain all right, title, and interest in and to such Proprietary Information rights. Except as expressly provided above or in a written agreement between you and Company, making the Content available to you through the Services does not grant you any license or other rights, express or implied, to any such Proprietary Information rights of Company.

Disclaimer

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Without limiting the foregoing, Company, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, complete, correct, or non-infringing; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any Content downloaded or accessed through the Services is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

Limitation of Liability

Except for liability related to Company’s gross negligence or willful misconduct, Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Services or any Content or any use of or inability to use the Services, including, but not limited to, any error, omission, interruption, defect, disclosure of information, delay in operation or transmission, failure of performance, security breach, or computer virus, even if an authorized representative of Company has been advised of the possibility of such damages. Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website or from doing business or attempting to do business with any third party identified on or through the Services.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain Registered Members.

Compliance with Applicable Laws

You agree, for yourself and the District that you will use the Services only in compliance with these Terms of Use and applicable federal, state, and local laws (“Applicable Laws”).

Suspension or Termination of Services

Company may, if it believes a User has breached these Terms of Use, suspend or terminate such User’s access to the Services and/or remove your personal information and User Content from the Services.

If Company believes a user is using the Services in violation of these Terms of Use or Applicable Law Company is provided with reasonably satisfactory evidence that such User is not, or is no longer, in violation of these Terms of Use or Applicable Law, Company may reactivate the User’s account. Any decision whether to reactivate is within Company’s discretion upon consultation with the partner institution, provided, that Company shall not be unreasonable in its decision to reactivate.

The District may terminate your status as an Authorized User at any time for any reason, including but not limited to the end of your employment or engagement by the District.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Company regarding your use of the Services and supersedes all prior agreements or communications. If any provision of these Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. No waiver shall be effective against us unless we agree to it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in the Commonwealth of Massachusetts, USA without regard to choice of law rules and any disputes arising out of or relating thereto shall be resolved exclusively in the courts of Massachusetts before a single judge sitting without a jury.

Contact Us

If you have any comments or questions about these Terms of Use or any Services available through the Site, please feel free to contact us at:

District Management Group
133 Federal St., Boston, MA 02110
Phone: 877-362-3500
Fax: 617-249-0910
Email: support@dmgroupK12.com
www.dmgroupK12.com

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