KeeperEdu offers a variety of products and services governed by these Terms of Use ("Terms"). These Terms outline the legal conditions for using our site. By accessing or using the site, whether as a student, parent, teacher, administrative staff, or any other user type, you agree to these Terms and confirm that you have the authority and capacity to enter into this agreement. References to "Customer" in these Terms refer to the respective school that has licensed any KeeperEdu product (excluding publicly accessible products), and the user is connected in the capacity of a student, parent, teacher, administrator, or staff member. If you do not agree with any part of these Terms, please refrain from accessing or using the site.
ACCESS TO THE SITE
Access to specific sections of any KeeperEdu product or service may be restricted based on your assigned role within the school or the type of application you are using. Your username and password are personal and should not be shared or transferred to anyone else. It is your responsibility to keep them confidential. You are fully responsible for all actions taken under your account. You agree to (a) immediately inform your school’s authorized administrator of any unauthorized use of your login details or any security breach, and (b) log out at the end of each session to protect your account.
To use KeeperEdu products, you may need to register as a user. You agree to provide accurate, truthful, and up-to-date information during registration and at all times. We reserve the right, on behalf of the customer, to revoke your access to the site if the information you provided is or becomes inaccurate. KeeperEdu may assist the customer in terminating access if required.
INFORMATION ACCURACY
Users of KeeperEdu products licensed to a school are responsible for providing accurate and up-to-date information where required. KeeperEdu does not guarantee the accuracy of user-provided data and cannot be held liable for any inaccuracies entered by users. Furthermore, the information, software, products, and services on this site may contain errors or inaccuracies. KeeperEdu is not responsible for incomplete information or disruptions caused by software, applications, or devices you may be using.
KeeperEdu does not guarantee the accuracy or completeness of any information or content posted by the user or the "Customer," such as the school. You agree that it is your responsibility to evaluate and assume all risks related to the use of any content, including relying on its accuracy, completeness, or usefulness.
CERTAIN RESTRICTIONS
Your rights under these Terms are subject to specific restrictions outlined in the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Any updates or additions to the Site's functionality will be governed by these Terms. All copyright and proprietary notices must be retained on copies of the Site.
KeeperEdu reserves the right to modify, suspend, or terminate the Site without notice. You acknowledge that KeeperEdu shall not be liable to you or any third party for any such changes, interruptions, or terminations.
INTELLECTUAL PROPERTY RIGHTS
Except for User Content you provide, all intellectual property rights in the Site and its content are owned by KeeperEdu or its suppliers. These Terms do not grant you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights specified.
OTHER USERS
Each user is responsible for their own User Content. KeeperEdu does not control User Content and disclaims responsibility for any User Content. KeeperEdu is not liable for any loss or damage resulting from user interactions. In case of a dispute, KeeperEdu is not obligated to intervene.
You are responsible for your own communications and for any consequences that arise from posting your data or messages. By using this site, you agree not to:
Additionally, your postings must not be used to carry out or solicit any unlawful activities or for commercial solicitation.
RETENTION POLICY
Any personal data (such as your name, email address, demographic information, educational data, etc.) provided by the user in the application will be retained for as long as you maintain an active account or until you modify or delete the data. If you choose to delete your account within the application, all personally identifiable information associated with your account will be permanently removed.
LIMITATION ON LIABILITY
To the fullest extent permitted by law, neither KeeperEdu nor our suppliers shall be liable for lost profits, lost data, costs associated with obtaining substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or in connection with these terms or your use of the site, even if we have been made aware of the potential for such damages. Your access to and use of the site are at your sole discretion and risk, and you bear full responsibility for any harm to your device or computer system or loss of data resulting from such use.
By using the site, you release and discharge KeeperEdu and its affiliates from all disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action. This release includes a waiver of California Civil Code Section 1542 for California residents, which states that a general release does not extend to claims that the creditor is unaware of or does not suspect to exist at the time of executing the release, which, if known, would have materially affected the settlement.
TERM AND TERMINATION
Except as outlined in this section, these Terms will persist in full force and effect during your use of the Site. We reserve the right to suspend or terminate your privileges to access the Site at our sole discretion, including for any instances of Site usage in violation of these Terms. Upon the termination of your rights under these Terms, your Account and ability to access and use the Site will cease immediately. You acknowledge that any termination of your Account may result in the removal of your User Content linked to your Account from our active databases. KeeperEdu shall bear no liability whatsoever to you for any termination of your rights under these Terms.
DISPUTE RESOLUTION
If you have any concerns or disputes about the Service, you agree to initially attempt to resolve the matter informally by reaching out to KeeperEdu. As a consumer residing in the European Union, you are entitled to the mandatory provisions of the law in your country of residence.
SEVERABILITY AND WAIVER
If any part of these Terms is found to be unenforceable or invalid, it will be adjusted to comply with applicable law while maintaining the integrity of the remaining provisions. The failure to enforce any right or provision of these Terms does not waive the ability to enforce such rights in the future, nor does it waive the right to enforce other provisions in subsequent instances.
ELECTRONIC COMMUNICATIONS
Your communications with KeeperEdu are conducted electronically, including interactions on the site, emails, and notices. By using our services, you agree to receive communications from KeeperEdu electronically, acknowledging that they fulfill any legal obligation. You have the option to subscribe or adjust your preferences for receiving updates, newsletters, and notifications. You can also unsubscribe or modify preferences at any time to tailor your interaction with KeeperEdu.
To receive messages and notifications from KeeperEdu, users opt in by providing their details on our website. By checking a box, users consent to receive communications at the provided phone number. Our Privacy Policy outlines the opt-in details and usage of provided information. Users can opt out of receiving messages and notifications at any time by following the instructions provided in our Privacy Policy.
ENTIRE TERMS
These Terms constitute the entire agreement between you and KeeperEdu regarding the use of the site. Failure to enforce any provision of these Terms does not waive the right to enforce such provision in the future. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain unaffected to the fullest extent permitted by law. Your relationship with KeeperEdu is that of an independent contractor, and neither party acts as an agent or partner of the other. You cannot transfer these Terms or your rights and obligations herein without KeeperEdu's prior written consent. Any attempted transfer in violation of this provision will be null and void. KeeperEdu may freely assign these Terms, and the terms outlined herein are binding upon assignees.
DISCLAIMER
KeeperEdu cannot guarantee that the site or any of its content, services, or features will be free of errors or interruptions, or that any defects will be promptly corrected. The site and its content are provided on an "as-is" and "as-available" basis, and all information is subject to change without prior notice. KeeperEdu expressly disclaims all warranties, whether express or implied, including but not limited to warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.
KeeperEdu also disclaims any liability for the actions, omissions, or conduct of third parties in connection with your use of the site or services. You assume full responsibility for your use of the site and any linked sites. Your sole recourse against KeeperEdu for dissatisfaction is to cease using the site or its content. If applicable law requires warranties, they are limited to ninety (90) days from the date of first use. Some jurisdictions may not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so these exclusions may not apply to you.
This disclaimer applies to any damages, liabilities, or injuries resulting from failures of performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, or unauthorized access, alteration, or use, whether due to breach of contract, negligence, or other causes.
KeeperEdu reserves the right to take the following actions at any time and without prior notice: (1) modify, suspend, or terminate operation of or access to the site or any portion thereof; (2) change the site or any portion thereof, including applicable policies or terms; and (3) interrupt the operation of the site as necessary for maintenance, error correction, or updates.
INDEMNITY
By agreeing to this provision, you commit to indemnifying and protecting KeeperEdu, along with its officers, directors, shareholders, employees, agents, and subsidiaries, from any claims or expenses (including attorneys’ fees) made against KeeperEdu by any third party due to your use of the site. This means you agree to cover the costs KeeperEdu incurs if it faces legal action or claims resulting from your actions.
VIOLATION OF THESE TERMS OF USE
In the event of a violation of these Terms of Use, KeeperEdu reserves the right to take appropriate action, including disclosing relevant information to aid in investigations or address complaints related to your use of the site. This may be necessary to identify, contact, or initiate legal action against any individual causing harm or interference with KeeperEdu's rights or the rights of other users. KeeperEdu will comply with legal requirements or governmental requests for information disclosure and may collaborate with other entities for fraud protection.
You acknowledge that KeeperEdu may retain any communication exchanged between you and KeeperEdu through the site. This data may be disclosed if legally mandated or deemed necessary to comply with legal processes, enforce these Terms of Use, respond to claims of data rights violations, or safeguard the rights and safety of KeeperEdu and its users.
KeeperEdu reserves the sole discretion to suspend or terminate your access to the site without prior notice if it determines a violation of these Terms of Use or associated agreements. You acknowledge that any such violation constitutes an unfair business practice causing irreparable harm to KeeperEdu, which may seek injunctive or equitable relief, along with any other available remedies.
If legal action is initiated against you due to a violation of these Terms of Use, you agree to cover all reasonable attorneys’ fees and costs incurred by KeeperEdu, in addition to any relief granted.
GOVERNING LAW; DISPUTE RESOLUTION
All matters concerning your access or use of the Site, including disputes, shall be governed by the laws of the United States, without regard to conflicts of law principles. By accessing or using the Site, you consent to personal jurisdiction and venue in the state and waive any objection to such jurisdiction or venue unless you are a European Union consumer, in which case you may assert your claim in the courts of your country of residence. Claims arising under these Terms of Use must be brought within one (1) year of the cause of action, or they are deemed waived, except for claims under separate purchase terms and conditions for goods and services. Recovery for damages is limited to out-of-pocket expenses, with the prevailing party entitled to costs and attorneys’ fees. In the event of a dispute, the parties shall make reasonable efforts to resolve it promptly and in good faith. It is preferred to first attempt to resolve any disputes internally with KeeperEdu. If resolution cannot be achieved within thirty (30) days, either party may submit the dispute to mediation. Should mediation prove unsuccessful, the parties are free to pursue any available remedies under applicable law.
COPYRIGHT/TRADEMARK INFORMATION
Copyright © 2024. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of KeeperEdu. You are not authorized to use these Marks without our prior written consent.
CONTACT INFORMATION
If you have any questions regarding these terms and conditions, please contact us using the information provided below.
Email: support@keeperedu.com
Phone: +1 (844) 442-6622
