ActVnet Terms Of Service

Terms of Service for Access and Use of the TCOE School Safety Software Program

These terms of service (“Terms of Service”) cover your (“you”) access and/or use of Tulare County Office of Education’s (“TCOE”) digital software application platform referred to herein as “School Safety Software Program”.  By accepting these Terms of Service, either by registering your account in the School Safety Software Program or by accessing and/or using the School Safety Software Program, you agree that you have read and that you accept these Terms of Service, which become effective immediately upon the registration of your account or your access and/or use of the School Safety Software Program.

  1. Updates to Terms. TCOE reserves the right to update and change these Terms of Service at any time without notice.  All new features that augment, modify, or change the School Safety Software Program, including any updates, shall be subject to the Terms of Service.
  2. Use. Your access and/or use of the School Safety Software Program is authorized only by the [enter school district’s name] (“District”) license agreement with TCOE (“License Agreement”).  So long as the License Agreement is in effect, you shall be deemed an authorized user of the School Safety Software Program, subject to the terms and conditions in these Terms of Service and the account limitations set by District.
  3. Restrictions. Use of your School Safety Software Program account is limited to you, and you may not share your account information, authorize, or permit any person, entity, or third party to access the School Safety Software Program with your account credentials. While using the School Safety Software Program you shall: (1) comply with all applicable state and federal laws; (2) take all reasonable steps to prevent the unauthorized use of the School Safety Software Program; (3) notify TCOE immediately if you become aware of any unauthorized use of the School Safety Software Program; and (4) comply with these Terms of Service.
  4. Termination. TCOE reserves the right to suspend or terminate your access to the School Safety Software Program at any time at TCOE’s sole discretion and without notice.
  5. Ownership of Proprietary Information.
  1. Proprietary Information. You understand and acknowledge that TCOE developed and owns certain intellectual property that TCOE used in the development of the School Safety Software Program, including but not limited to, source code, software tools or documentation, trade secrets, know-how, reports, memorandum, training manual and materials, data visualizations, files, input materials, output materials, software, and any other data or materials provided or made available to you under these Terms of Service (“Proprietary Information”). In addition, TCOE shall own all other ideas, concepts, themes, documentation or other intellectual property or copyrightable material conceived, developed, created, written or contributed which improves, enhances, or directly impacts any Proprietary Information, excepting any public domain data or information. You further acknowledge and agree that the rights of whatever nature in the Proprietary Information are and shall remain the property of TCOE, and nothing herein shall be construed as assigning or transferring the ownership of any such rights to you or any third party.
  2. Ownership. Title to and ownership of the School Safety Software Program and all applicable proprietary rights including, but not limited to, rights in patents, copyrights, author’s rights, trademarks, trade names, Proprietary Information, graphic design and design elements, know-how and identified trade secrets in the School Safety Software Program, shall remain at all times with TCOE. You shall not reverse engineer, decompile or disable the School Safety Software Program or any portion thereof, nor otherwise attempt to create or derive the source code of the School Safety Software Program.
  1. No Warranty. THE SCHOOL SAFETY SOFTWARE PROGRAM IS PROVIDED “AS IS” AND TCOE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ALL TECHNOLOGY, THIRD PARTY AND OPEN SOURCE MATERIALS, SOFTWARE OR DERIVATIVE WORKS PROVIDED OR OTHERWISE LICENSED TO DISTRICT IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. TCOE DOES NOT GUARANTEE THE SAFETY OF ANY STUDENTS, STAFF, PERSONNEL OF ANY SAFETY AGENCIES, OR ANY OTHER PERSON
  2. Indemnification. You agree to indemnify and hold harmless TCOE and its Board, officers, agents, and employees from all damages and liability, including without limitation attorney’s fees, incurred as a result of (a) your violation of these Terms of Service or (b) your negligent or intentional misconduct related to your use of the School Safety Software Program.
  3. Applicable Law and Venue. These Terms of Service shall be governed by and interpreted under the laws of the State of California applicable to instruments, persons, transactions and subject matter that have legal contacts and relationships exclusively within the State of California. Any action or proceeding seeking any relief under or with respect to these Terms of Service shall be brought solely in the Superior Court of the State of California for the County of Tulare, subject to any motion for transfer of venue.