Date of last revision of this policy: January 5th, 2018
Welcome to Edsby! Edsby includes a public website at www.edsby.com (the “Site”) and a set of private web domains that each provides a suite of software services (the “Services”) to the teachers, students, parents and administrators of a specific education organization. The Site and the Services are owned and operated by CoreFour Inc. (the “Company”).
Edsby is a cloud-based software service that modernizes how teachers, students and parents engage with each other. The types of education organizations which use Edsby include public school districts and private schools. Edsby is selected by these organizations, often through a formal competitive procurement process and rigorous evaluation of many factors including privacy and security of student data, and is managed by the education organization as one part of the suite of technology solutions that every education organization requires.
Education organizations pay to use Edsby and own and manage the information stored and collected by Edsby on their behalf.
User accounts for a specific education organization using Edsby are created by or under the direction/invitation of the administrative staff and/or teachers of that education organization. Parents/guardians and students are not allowed to create their own accounts on Edsby; they are only allowed to use authorized accounts set up specifically for them at the direction of the education organization they are participating in.
You are permitted to access a specific education organization’s Edsby Services ONLY if you have been specifically and directly invited and authorized to do so by the administrative staff and/or a teacher within that education organization.
- Scope of Use
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) from the Site or Services for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on the Site or Services, or the design or layout of the Site or Services in any form or media. The systematic retrieval of data from the Site or Services is also prohibited.
- Copyrights and Trademarks
The materials at this Site and Services, as well as their organisation and layout, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Site or Services solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site or Services is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site or Services; create derivative works from use on any other website, transfer or sell any information obtained from this Site or Services without the prior written permission of CoreFour Inc.
- No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to CoreFour Inc. that you will not use the Site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party’s use and enjoyment of the Site or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Services.
Gathering email addresses from the Site or Services through harvesting or automated means is prohibited. Posting or transmitting advertising or other such promotional materials or forms of solicitations to other users of this Site or Services is prohibited unless authorized by CoreFour Inc. or an administrator at your education organization.
- Warranties and Disclaimers
The Edsby Site and Services have been professionally designed and are professionally managed. However CoreFour Inc. does not warrant that the functions provided by the Site and the Services will be uninterrupted or error-free, that defects will be corrected, that content is accurate or that the Site or Services will be free of viruses or other harmful components.
THE SITE AND THE SERVICES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CoreFour Inc. EXPRESSLY DISCLAIMS. CoreFour Inc. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND CoreFour Inc. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR SERVICES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CoreFour Inc. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND SERVICES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
- Governing Law, Location and Miscellaneous
- Separate Agreements
- User Disputes
You are solely responsible for your interactions with other users on the Site and Services. CoreFour Inc. reserves the right, but has no obligation, to monitor disputes between you and other users.
- User Provided Content
The license you grant is still in effect even if you stop using the Site or the Services. This is required so that for example, content shared by a teacher to other teachers can continue to be provided by Edsby even after that teacher has retired.
The education organization through which you are obtaining the Edsby Services has overall control over the disposition of the content you have provided via the Services we operate for it.
CoreFour Inc. reserves the right (but is not obligated) to do any or all of the following:
- Monitor and share with your education organization any content in any shared area of the Site or Services.
CoreFour Inc. reserves the right to take any action it deems necessary to protect the personal safety of our customers, users, employees or the public. CoreFour Inc. has no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
- Limitation of Liability
YOUR USE OF THE CONTENT OF THIS SITE IS AT YOUR OWN RISK. CoreFour Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CoreFour Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CoreFour Inc. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- User Accounts And Security
Access to your account with the Services is controlled by password. You should choose a password that is difficult for others to learn by simply watching you log in. You should not write your password down.
You can and should notify your education organization or CoreFour Inc. of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.
You agree you will not access or attempt to access any accounts provided by the Site or the Services other than the account(s) assigned to you. If we suspect or detect such inappropriate account access we will inform authorities within your education organization.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for the suspension or termination of your account, at CoreFour Inc.’s discretion or by direction of your education organization, and you may be reported to appropriate law-enforcement agencies.