Terms and Conditions

Northwest Colorado BOCES

System for Educator Effectiveness Development - Personalized Accessible Knowledge

TERMS AND CONDITIONS

Please read these Terms and Conditions (these "Terms") carefully as they form a contract between you and the Northwest Board of Cooperative Educational Services (“BOCES”) as further identified in Section 18 of these Terms ("BOCES", "we", "us", or "our") that governs your access and use of the hosted storage and collaboration solution provided by the BOCES and known as “System for Educator Effectiveness Development - Personalized Accessible Knowledge” (“SEED PAK”). Without limiting the generality of the foregoing, these Terms apply to (a) the online storage, sharing and processing of files, materials, information, data, text, audio, video, images or other content (collectively, "Content"); (b) any software provided or made available by BOCES (the "Software"); (c) the BOCES and SEED PAK websites or applications; and, (d) any written or electronic use or features guides or other documentation provided or made available by BOCES (the "User Guides") (collectively herein referred to as the "Service(s)").    

By creating an account, logging on to the SEED PAK website (“Site”), or using any of the Services you agree to be bound by these Terms.  You are also agreeing to these Terms for your school district and promising to the BOCES that you have the authority to bind your school district to these Terms (the words "you" and "your" will refer to your school district as well as you individually) unless that school district has a separate written contract in effect with us, in which event the terms of that contract will govern your use of the Services. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with BOCES and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact i3SEEDlegal@nwboces.org

Please note that the BOCES does not provide warranties for the Services. This contract also limits our liability to you. See Sections 13 and 15 for details.

1. CHANGES TO THESE TERMS

We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Site. Any changes will be effective upon posting the revised version of these Terms on the Site (or upon such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Site and/or by email to the email address associated with your account. Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes.  If you don't agree to any of the changes, we're not obligated to continue providing the Service, and you must cancel and stop using the Service.

2. ACCESS TO THE SERVICE

Subject to your continued compliance with these Terms, we will use commercially reasonable efforts to provide the Services to you on a non-exclusive, non-transferable, and revocable basis.  We reserve the right, in our sole discretion, to make necessary unscheduled changes, updates or enhancements to the Site, Services, and/or Content  at any time.  We may add or remove functionalities or features, and or suspend or stop a Service or Content altogether, at any time and without prior notice to you.

3. YOUR ACCOUNT

(a)       To obtain access to certain Services, you will be required to obtain an account with BOCES (become a "Registered User"), by completing a registration form and designating a user ID and password. Until you become a Registered User, your access to the Services will be limited to the areas of the Site, if any, that the BOCES makes available to the general public. When registering on the Site you must: (i) provide true, accurate, current and complete information about yourself as requested by the Site’s registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

(b)       Only you may use your SEED PAK account.  You must keep your account and passwords confidential and not authorize any third party to access or use the Services on your behalf. You must contact us immediately if you suspect misuse of your account or any security breach. You are responsible for all activities that take place with your account.  The BOCES will not be liable for any loss or damage arising from any unauthorized use of your accounts.

4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By establishing a SEED PAK account and becoming a Registered User, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding SEED PAK, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

5. YOUR CONTENT

(a)       You hereby grant the BOCES the perpetual, irrevocable, worldwide, royalty-free right, to use, modify, adapt, reproduce, distribute, display and disclose Content uploaded by you to the Site (“Your Content”): (i) to the extent necessary to provide the Services to you; (ii) to share Your Content via the sharing features of SEED PAK; (iii) to directly or indirectly share with others (as determined by the BOCES in our sole discretion for any purpose, including for commercial purposes) Your Content in anonymized form; or (iv) as otherwise permitted by these Terms.  

(b)       You represent and warrant that: (i) you have all the rights in Your Content necessary for you to grant the rights set forth in paragraph 5(a) above; and, (ii) the storage, use or transmission of Your Content doesn't violate any law or these Terms.

(c)       You will: (i) be solely responsible for the nature, quality and accuracy of Your Content; (ii) ensure that Your Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (iii) and promptly handle and resolve any notices and claims relating to Your Content, including any notices sent to you by any person claiming that any of Your Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices.  The BOCES will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any of Your Content.

(d)       You will immediately notify BOCES in writing of any unauthorized use of any (i) Content, including without limitation Your Content, (ii) any Account, or (iii) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide BOCES with such cooperation and assistance related to any such unauthorized use as BOCES may reasonably request.

6. THIRD PARTY CONTENT

(a)       We may provide you with access to Content and information from a variety of sources, including Content generated by sources other than the BOCES, and you may upload Content and information from a variety of sources, including Content generated by sources other than you (collectively, “Third Party Content”). Any Third Party Content may have additional obligations and restrictions that apply to it.  You hereby agree to abide by any such obligations or restrictions. 

(b) Unless otherwise expressly permitted in writing by the BOCES or the owner of the Third Party Content you will: (a) treat as confidential and preserve the confidentiality of all Third Party Content; (b) take the same degree of care to prevent disclosure of the Third Party Content as you take to preserve and safeguard your own confidential or proprietary information, but, in any event, no less than a reasonable degree of care; (c) not copy, disclose or make available such Third Party Content (or permit others to do so); (d) limit dissemination of the Third Party Content solely to employees of your school district to whom disclosure is necessary for your internal school purposes, but only if such employees have agreed, in writing prior to receiving the Third Party Content, to maintain the confidentiality thereof on terms at least as protective as the terms of this paragraph 6(b) and you have notified such employees that the Third Party Content must be kept in confidence in accordance with these Terms; and, (e) promptly return or destroy all Confidential Information at our request.  If any employee(s) disclose or use Third Party Content other than as authorized in these Terms, you will be liable to us for such disclosure or use to the same extent you would have been had you disclosed or used the Third Party Content.  If you become aware of any loss or unauthorized disclosure of Third Party Content, you will promptly notify us of such and use your best efforts to retrieve such Third Party Content.

(c)       We have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for your dealings with any third party related to the Site, Services or Third Party Content, including the delivery of and payment for Content, goods and services. Should you have any problems resulting from your use of any Third Party Content or services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

(d)       Third Party Content may be inaccurate, outdated, or have other problems. The BOCES is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Third Party Content. BOCES does not endorse any Content or Third Party Content or any opinion, recommendation, or advice expressed therein, and BOCES expressly disclaims any and all liability arising from the Content, Your Content, or Third Party Content. YOU HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE BOCES WITH RESPECT THERETO, AND WILL INDEMNIFY AND HOLD THE BOCES AND ITS LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THIRD PARTY CONTENT.

7.  LINKS TO THIRD PARTY CONTENT AND INFORMATION

(a)  The Site may include links or references to other web sites (“Third Party Sites”) that are posted on the Site by the BOCES and by users, including you. The BOCES does not endorse any such Third Party Sites or the Content, information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with advertisers found on or through the Site are solely between you and such third party and/or advertiser. ACCESS AND USE OF CONTENT, SERVICES, AND INFORMATION FOUND ON THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.

(b)  To help protect against intellectual property infringement claims, links to Third Party Sites are limited to home page links.  You are prohibited from posting a link to an internal or subsidiary page that is located one or more levels down from the Third Party Site home page (“Deep Linking”), unless you have first obtained a specific written authorization acceptable to the BOCES from the owner of the Third Party Site prior to Deep Linking to any part of such Third Party Site. 

8.         BOCES PROPRIETARY RIGHTS

(a)  As between the BOCES and you, the BOCES owns and reserves all right, title and interest in and to the Site, the Services and all hardware, software and other items used to support and maintain SEED PAK and the Site, and any Content we provide to you. No title to or ownership of any proprietary rights related to SEED PAK is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by the BOCES. In the event that you provide comments, suggestions and recommendations to the BOCES with respect to SEED PAK (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Site, Services or Content) (collectively, "Feedback"), You hereby grant to the BOCES a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with SEED PAK, the Site, the Services and/or the Content.

(b)  You may post a link to the Site on any school web site or personal web site; provided, however, that in order to protect the BOCES’ proprietary rights you are prohibited from Deep Linking to any internal or subsidiary page of the Site that is located one or more levels down from the home page of the Site and you are also prohibited from incorporating any part of the Site as part of your school or personal web page (“Framing”). You must make a specific request for, and secure written permission from, the BOCES prior to Deep Linking to, or Framing, any part of the Site.

9. SUSPENSION AND TERMINATION OF CUSTOMER'S USE OF THE SERVICE

(a)       The BOCES may, in its sole discretion, for any or no reason, and without penalty suspend or terminate any account (or any part thereof) You may have with the BOCES, or Your use of or access to the Service remove or discard all or any part of Your account, user profile, and any of Your Content, at any time and without providing prior notice to You.  The BOCES will not be liable to You or to any third party for any such termination or suspension regardless of the reason for such termination or suspension.  The BOCES may refer any suspected fraudulent, abusive, or illegal activity may to appropriate law enforcement authorities.  These remedies are in addition to any other remedies the BOCES may have at law or in equity.  The BOCES does not permit copyright infringing activities on the Site, and may terminate access to the Services, and remove any Content or other content submitted by any users who are found to be infringers. THE BOCES RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICES OR THE CONTENT ON THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION; AND BOCES WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

(b)       Your only remedy with respect to any dissatisfaction with (i) the Services; (ii) any term of these Terms; (iii) any policy or practice of the BOCES in operating SEED PAK, or (iv) any Content or information transmitted through the Site, is to terminate your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Services and providing the BOCES written notice of such termination.

(c)       Upon termination by the BOCES, for reasons other than cause, or at your direction, you may request access to Your Content, which we will make available for a fee equal to the BOCES’ actual costs in providing such access. You must make such request with thirty (30) days following termination. Otherwise, any of Your Content you have stored in SEED PAK may not be retrievable, and we will have no obligation to maintain any data stored in your account.

(d)       The provisions contained in the following sections and subsections survive the termination of these Terms: 4, 5(a), 5(b), 6(b), 6(c), 6(d), 8, 12, 13, 14, 15, 16, 17 and 18.  

10. ACCEPTABLE USE

(a)       You must not use the Site or the Services to harm another person or organization or the BOCES or SEED PAK. You must not: damage, disable, overburden, or impair the Site (or any network connected to the Site); resell or redistribute the Content or any part of it; use any unauthorized means to modify, reroute, or gain access to the Site or Services or Content or attempt to carry out these activities; or use any automated process (such as a bot, a spider, or periodic caching of information stored by BOCES) to access or use the Content. In addition, you promise that you will not and will not encourage or assist any third party to:

(i) modify, alter, tamper with, repair or otherwise create derivative works of any protected intellectual property;

(ii) use the Site and/or Services in any manner or for any purpose other than as expressly permitted by these Terms, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Site or may be available on the Site in the future ("Policies");

(iii) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Content or Services to any third party;

(iv) remove, obscure or alter any proprietary rights notice pertaining to the Content, Services or Site;

(v) access or use the Site, Services or Content in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;

 (vi) use the Site, Services or Content to: (1) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (2) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) advertise or promote a commercial product or service that is not available through SEED PAK, in a manner not expressly authorized by the BOCES; (4) store or transmit inappropriate Content, such as Content: (a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (b) containing any material that encourages conduct that could constitute a criminal offense, or (c) that violates the intellectual property rights or rights to the publicity or privacy of others; (5) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (6) abuse, harass, stalk or otherwise violate the legal rights of a third party;

(vii) interfere with or disrupt servers or networks used by the BOCES to provide the Services or used by other users' to access the Site, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Site, the Content, or the Services;

(viii) access or attempt to access the BOCES' other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(ix) cause, in the BOCES' sole discretion, inordinate burden on the Site or the Services or the BOCES' system resources or capacity; or

(x) share passwords or other access information or devices or otherwise authorize any third party to access or use the Site, Services or the Content.

(b)       The BOCES reserves the right, in its sole discretion, to deactivate, change and/or require you to change your SEED PAK user ID for any reason or for no reason. The BOCES may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any such change.

11. UPDATES TO THE SERVICE

(a)       The BOCES reserves the right, in its sole discretion, to make necessary unscheduled changes, updates or enhancements to the Site and/or Services at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

12. PRIVACY 

(a)       In order to operate the Site, we may collect certain information about you. We may also automatically upload information about your computer or device, your use of the Site, Content and Services, and Site performance. We will use and protect that information in accordance with commercially reasonable standards.  You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of the BOCES or our members, including the enforcement of these Terms; or (iii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of the BOCES employees, members, or the public.

(b)       We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Site as part of our efforts to protect the Site, protect our members, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Site.

(c)       You are required to comply with all applicable Federal and State laws governing confidentiality of records and information, including without limitation the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), the privacy rule of the Health Insurance Portability and Accountability Act (HIPAA), and any and all other laws pertaining to the protection of information regarding students and/or their families.  Without in any way limiting the generality of the foregoing, you are prohibited from uploading any Content containing personally-identifying information about any student, and must de-identify any and all student records or documents you wish to upload to the Site.  You agree that it is your responsibility, and not the responsibility of the BOCES, to safeguard any personally identifiable information that is protected under FERPA or HIPAA, and relates to or is connected with any of Your Content.  Further, you agree to indemnify and hold the BOCES harmless for any loss or disclosure of such information and against any fines, penalties, charges or civil judgments incurred by BOCES as a result of any such loss or disclosure.

13. NO WARRANTY

(a)       THE BOCES, ITS AFFILIATES, MEMBER DISTRICTS, AND EACH OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BOCES PARTIES”)  PROVIDE THE SERVICE AND CONTENT "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOCES PARTIES MAKE NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY REPRESENTATION OR WARRANTY: (I) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (II) RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS (OR THE LACK THEREOF) IN THE SERVICE, OR ANY PART THEREOF; (III) THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; (IV) THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (V) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (VI) RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE BOCES PARTIES AND (VII) THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; OR (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH JURISDICTIONS, THE FORGOING EXCLUSION ARE LIMITED AS REQUIRED BY LAW.

(b)       NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOCES OR THROUGH THE SERVICE WILL BOCES ANY WARRANTY. YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

14. INDEMNIFICATION

(a)       You will indemnify, defend and hold harmless the BOCES Parties from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of: (i) any claim due to or arising out of Your violation of these Terms; (ii) your use or misuse of or access to the Site, Services, or Content; (iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that you or your Content caused damage to a third party; or, (v) any other of your activities or omissions.

(b)       The BOCES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the BOCES, and you will cooperate with the BOCES' defense of these claims.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BOCES, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE BOCES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

16. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

You are contracting with the BOCES. The laws of the State of Colorado govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. Any dispute arising out of or relating to these Terms or Your access to or use of the Service will be subject to the exclusive jurisdiction of the state and federal courts for Routt County in the State of Colorado, and You hereby submit to the personal jurisdiction of such courts.  YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Site, Services and the Content. You may provide legal notice to us via email to i3SEEDlegal@nwboces.org  with a duplicate copy sent via registered mail, return receipt requested, to the following address: Northwest Colorado BOCES P.O. Box 773390, Steamboat Springs, CO  80477 Attn: Executive Director.  Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

18. MISCELLANEOUS

(a) Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

(b) Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

(c) Independent Contractors; No third-party beneficiaries

The BOCES and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

(d) Claims              

Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

(e) Waiver

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

19.      COPYRIGHT COMPLAINTS AND REMOVAL POLICY 

(a)       The BOCES does not tolerate content that infringes any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us. BOCES reserves the right to delete or disable any Content alleged to violate these Terms and to terminate infringers’ access to the Site, Services, and Content. Our designated agent for notice of alleged copyright infringement is:

NORTHWEST COLORADO BOCES, P.O. BOX 773390, STEAMBOAT SPRINGS, CO  80477 

Attn: Executive Director

 

(b)       The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

            (i)        A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

            (ii)       A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

            (iii)      A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit BOCES to locate the material;

            (iv)       Information reasonably sufficient to permit BOCES to contact You, such as an address, telephone number, and, if available, an electronic mail address;

            (v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

            (vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

20.      INTELLECTUAL PROPERTY NOTICE

SEED PAK and the SEED PAK logo are, including without limitation, either trademarks, service marks or registered trademarks, and may not be copied, imitated, or used, in whole or in part, without BOCES's prior written permission.