Effective Date: June 30, 2020, 12:32 a.m.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our SBGBook's use of cookies in accordance with the terms of SBGBook's privacy policy.
License to use website
Unless otherwise stated, SBGBook and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including abuse, harassment, and threatening behaviour towards any individual, institution, or group.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SBGBook’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without SBGBook’s express written consent.
Restricted access
Access to certain areas of this website is restricted. SBGBook reserves the right to restrict access to areas of this website, or indeed this entire website, at SBGBook’s discretion.
If SBGBook provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
SBGBook may disable your user ID and password in SBGBook’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
SBGBook will not distribute or make available student or teacher data, except the names of schools and subject areas for courses using SBGBook, and the use of SBGBook does not imply an endorsement of SBGBook by a given school or vice versa. Any unintentional breach, whether through accident or malicious action, will not be grounds for any claim by any user or third party.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SBGBook or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
SBGBook reserves the right to edit or remove any material submitted to this website, or stored on SBGBook’s servers, or hosted or published upon this website.
Notwithstanding SBGBook’s rights under these terms and conditions in relation to user content, SBGBook does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Privacy
SBGBook does not collect personal information from any user, including children; schools and school districts that use SBGBook store in it student names or pseudonyms and email addresses only. A school or district that uses SBGBook will also collect student grades, optionally work samples of students, and student-related comments that are associated with grades.
Only administrative users for a given school can access data for class sections other than those they teach. Teachers in a given school can only see names and email addresses for students other than their own. Advisors and parents can only access grade data for student(s) that they are assigned/associated with. No student, teacher, or administrative user can access data for schools other than their own.
SBGBook does not use identifying data (names, email addresses, grade data) for any purpose; the site stores the data to be used by students and teachers associated with it only. SBGBook does not trade, sell, lease, or otherwise distribute identifying or non-identifying data with any other entity for any purpose. The hosting service used by SBGBook does not access or use private data for any purpose, pursuant to its terms of service.
SBGBook does not have a parental consent process for the use of the site by students, because does not collect personal information from any user.
SBGBook may collect certain non-personally identifiable information from visitors to our site, such as the date and time of their visit, the type of browser used (e.g., Internet Explorer, Firefox), the type of operating system used, the ISP from which the visitor receives Internet access, and aggregate information regarding what pages users of the site access or visit. SBGBook may use non-personally identifiable information such as cookies and Web surfing habits associated with IP addresses to improve the design, content, and performance of the site or to analyze site usage.
The only instance when SBGBook may disclose personally identifiable and non-personally identifiable information is in response to a legal process, such as in response to a court order or a subpoena. We also may disclose such information when we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. SBGBook makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, SBGBook does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading; or
that no data will ever be lost due to corruption, service outage, software or hardware malfunction, or malicious action.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Limitations of liability
SBGBook will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
for any direct, indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if SBGBook has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SBGBook’s liability in respect of any:
death or personal injury caused by SBGBook’s negligence;
fraud or fraudulent misrepresentation on the part of SBGBook; or
matter which it would be illegal or unlawful for SBGBook to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, SBGBook has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SBGBook’s officers or employees in respect of any losses you suffer in connection with the website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect SBGBook’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SBGBook.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify SBGBook and undertake to keep SBGBook indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SBGBook to a third party in settlement of a claim or dispute on the advice of SBGBook’s legal advisers) incurred or suffered by SBGBook arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to SBGBook’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SBGBook may take such action as SBGBook deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
SBGBook may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
SBGBook may transfer, sub-contract or otherwise deal with SBGBook’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and SBGBook in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with US and Delaware law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delaware.
Credit
This document was created using a Contractology template available at http://www.contractology.com.