Terms of Service

Effective 08/01/2022

Acceptance 

​​These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Account Owner(s) (referred to herein as “Customer”, “You” “you”, “your” or “Your”) and SchoolTx, Inc. (referred to herein as “SchoolTx” “or “Company” or “Us” or “We” or “Our” or “App” or “Software”). The Terms of Service shall govern Your and your Team Members’ (referred to herein as “Team Members” or “Users”) use of the Service, and Your and the Team Members’ rights and obligations with respect to data placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You and the Team Members will access the Service (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Team Members may use the Website or the Service. 

Please read this Agreement carefully before using SchoolTx . Your use of our Software constitutes an acceptance of the terms of this Agreement. Our Privacy Policy governs the Company’s use of Your data and is incorporated by reference into this Agreement. If there is a conflict between the Privacy Policy and our Agreement, the Agreement shall prevail. You may access the Privacy Policy at any time through the Privacy Policy link on our homepage. This Agreement is a binding legal agreement between SchoolTx, Inc. and You. You represent and warrant that You have full authority to bind the account owner and the practice, school, and/or team to these Terms of Service.  If You do not agree to these Terms of Service and do not have the authority as provided herein, You may not and shall not access, or use the Service.

If You know, or have a suspicion or the good faith belief that, a Team Member has violated the Terms of Service, You are is responsible for immediately revoking access rights to the User(s). Additionally, if You become aware that a Team Member no longer possesses the requisite licenses or other credentials or is no longer employed by or affiliated with You, You have the responsibility to immediately revoke access rights to these Users. 

The Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on this website. The Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. The Company may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

These Terms of Service apply to Your and the Team Members’ use of the Service and ALL transactions made on or through the Website in Your use of the Service. The Account Owner manifests agreement to these Terms of Service by any act demonstrating Your assent thereto, including clicking any button containing the words “I agree”, “Sign Up”, “Start my free trial”, “Join my team”, “Create my account” or similar syntax, by accessing the Website, by establishing an Account, or using the Service, whether You have read these Terms of Service or not. By clicking any such button or otherwise indicating Your assent, You agree to these Terms of Service. You should print a copy of these Terms of Service for Your business and personal records. 

Acceptable Use Policy

Users of our Services are expected to behave responsibly and to show respect for our people, our intellectual property and the law. You agree to communicate with SchoolTx customer service staff in a mutually respectful manner at all times.

In addition, you must not:

  • “frame” or “mirror” any content from our Services on any other website or server;

  • post or transmit any material that is unlawful, harmful, defamatory, obscene, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy rights, or otherwise objectionable;

  • harvest, scrape or otherwise collect information about others from our Services, including names and email addresses;

  • probe, scan or test the vulnerability of the Services or any website, or overloading, “flooding,” “spamming,” “crashing,” or otherwise attempting to interfere with the Company’s service to others or breach the security or authentication measures of the Services;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Services; or

  • pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  • Taking any action that will cause an unreasonable burden on the Company.

  • Reverse engineering, disassembling, modifying, adapting, or otherwise tampering with the Software.

  • Attempting to inject a virus, worm, or other malware into the Software.

SchoolTx reserves the right to suspend or terminate your use of any or all of the Services including refusal, deletion, and removal of your account and/or data, or take other appropriate remedial action, to address any inappropriate conduct or any violation or suspected violation of our Acceptable Use Policy or this Agreement at any time, with or without cause and with or without notice, for any reason or no reason. SchoolTx will not be liable if such event occurs.

Intellectual Property

Ownership of the Services. SchoolTx owns, or has obtained the rights to use, all intellectual property rights in the Services. This includes the underlying software and technology that operates the Services; all materials and content posted or made available on our website or through the Services, such as our Guide, videos, photos, illustrative graphics, text, research and blog postings; and the trademark, SchoolTxTM.

License to You. SchoolTx grants each Customer, and each individual using the Services, a limited license to access and use (i.e., display, print, download) the materials and content within the Services solely on a personal computer or device for the Customer’s internal business purposes and for Your own personal, non-commercial use, provided that:

  • You retain and keep intact all copyright, trademark, or other proprietary notices (such as © 2022 SchoolTx, Inc. All Rights Reserved);

  • You do not disseminate or distribute our materials or content publicly;

  • You do not sell or otherwise commercialize our materials or content for Your own gain or for the gain of any other person; and

  • You abide by our Acceptable Use Policy above.

Your Feedback and Contributions. We love to receive Your feedback about our Services and to include Your contributions in our resources where possible, such as adding Your shared chart templates to our chart template library. To ensure we have the proper rights to do this, You grant SchoolTx a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use Your feedback and contributions, including incorporating them into the Services and sharing them with other Users. Please note that providing feedback or contributions does not make You an author, inventor or contributor of the Services and does not entitle You to any compensation or to any ownership rights in the Services.

Third-Party Services. We may offer integrations with third-party services that You may choose to use with our Services, such as email services, payment processing, assessment tools, electronic billing. Please note that Your use of such third-party services is governed by the legal terms of those third parties, and not by these Terms of Use. SchoolTx, Inc. is not responsible for those third-party services.

Verification for SchoolTx

By accepting these Terms of Service in connection with an Account, the person acknowledging agreement or assenting to these Terms of Service represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Terms of Service on behalf of the Account Owner. You further agree that as a condition to accessing the Service, you will submit to Account and Account Owner verification as required by SchoolTx, and provide only true and accurate identification documentation to SchoolTx or its third-party service providers as requested by SchoolTx. You are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and passwords. 

Subscribing

Subscription. You subscribe to our Service by signing up for one of our subscription plans and paying the applicable fees. Subscriptions run on a monthly basis. Fees are charged monthly in advance in accordance with the billing information provided by you at the time of subscription. Account Owners (defined below) may update their Customer billing information within the Software on their account page. You can cancel your Customer subscription at any time by contacting us via email at support@schooltx.com or make a request through our support request page. Except as set forth below under termination, all fees are non-refundable. Subscriptions and fees may be increased with or without notice to match increases in your Software usage over time.

Availability of the Services. Once a Customer has subscribed and paid, SchoolTx will make the Services available to the Customer and its Users (i.e, providers, admin, staff) for the subscription plan purchased. SchoolTx will make the Services available however, please note that SchoolTx is not responsible for any unavailability of the Services caused by circumstances beyond our reasonable control, such as Acts of God internet outages or issues with your computer systems or devices.

Limitations. Our websites and resources are provided for general information about SchoolTx products and services. They may not always be accurate or complete and are not intended to provide legal advice. We recommend that Customers obtain their own guidance and advice with respect to regulatory and legal compliance. Content and resources on our websites may be varied or discontinued from time to time.

Modifications. SchoolTx reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Service from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion without notice.

Customer Accounts

Establishing an Account. You must establish an Account with SchoolTx to use the Service. You agree to provide accurate, current, and complete information about You and the individual who establishes the Account as prompted by the registration form and as required to be added in the “Settings” or other page on the Website, and to use the Account management tools provided to keep your registration data accurate, current and complete. SchoolTx will designate You as the Account Owner and allow you to choose your username. Your Team Members will be assigned a username to identify Your users within Your Account.

Selection and Use of Account Password. At the time Your Account is created, You must select a password. You are responsible for maintaining the confidentiality of Your password and are responsible for any damages, claims, losses or other harm resulting from Your disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Account and those who gain access to your Account or account name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of Your password to any other person is at your own risk. 

You and each of those using your Account must have separate user names and passwords. Team Members and Users may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User and the Account Owner, and/or an increase in charges, at SchoolTx’s sole discretion.

Account Owner. The person signing up for a subscription on behalf of a Customer is the “Account Owner” and will be authorized to administer the account for the Customer. This includes authorizing additional user accounts for providers and staff, and granting and revoking User access rights and permissions. Each Customer will have only one Account Owner. All questions about a Customer’s subscription and its User account(s) should be directed to the Account Owner.  The Account Owner is not transferable.

User Accounts. Customers and their users must provide accurate, current and complete information when creating their user accounts. Customers are responsible for all activities that occur under their user accounts and for any issues, claims, or disputes arising out of the conduct of their users. Customers must take appropriate steps to protect their user accounts, including:

  • Requiring users to set strong passwords;

  • Keeping user IDs and passwords confidential;

  • Not providing any false identity information to access the Services.

SchoolTx will not be liable for any losses or damages caused by a Customer’s failure to maintain the confidentiality of its user accounts and its account credentials. If you discover or suspect any unauthorized access to or use of your Customer or user account, please reset your password immediately and notify us at support@SchoolTx.com.

Assignment of Agreement and Account. You may not assign this Agreement or Your Account without our prior written consent. You may not transfer or sublicense any licenses granted by SchoolTx in this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement without your consent and without notice.

Customer Data

Ownership and Control. Each Customer retains ownership and control of its data and all information collected, entered, created or otherwise provided by the Customer and its users in the course of using the Services (“Customer Data”). Customers may be referred to as a “health information custodian”, a “covered entity” or a “controller” depending on their location and the privacy laws applicable to them. Customers are responsible for ensuring that their collection and use of Customer Data complies with applicable laws and regulatory requirements.

Each Customer determines:

  • What Customer Data to collect;

  • How the Customer will use the Customer Data;

  • Which providers and staff have access to Customer Data;

  • How long the Customer will store Customer Data; and

  • On what basis the Customer will delete Customer Data.

Storage and Access. SchoolTx is a service provider to Customers and may be referred to as an “agent”, “business associate” or “processor” of the Customer. SchoolTx will keep Customer Data stored securely as described below under Security. SchoolTx will only access Customer Data at the request of a Customer or its users, or where needed in order to prevent or address technical problems affecting the Services or if required by law, regulation or court order. As we otherwise have no control over Customer Data, we are not responsible for incorrect, incomplete, lost or damaged Customer Data, except to the extent it is caused by our failure to meet our obligations under these Terms.

HIPAA Compliance. For purposes of complying with the requirements of HIPAA to the extent applicable, You and SchoolTx agree to be bound by each of the terms and provisions of the SchoolTx,Inc. Business Associate Agreement (the “BAA”), which can be found at SchoolTx.Com/BAA and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail. SchoolTx does not guarantee that by mere use of the Software you will be in compliance with HIPAA or other applicable law, and you understand and agree that you are responsible for maintaining administrative, technical and physical safeguards necessary to ensure the confidentiality, availability, and integrity with respect to your PHI and to otherwise comply with HIPAA and other applicable law.

Questions About Customer Data. If you have any questions about your Customer Data, please contact your Account Owner. If an Account Owner has any questions about the management of Customer Data in the Services, the Account Owner may contact us at support@SchoolTx.com

Anonymized/Aggregated Data. SchoolTx may use computer-generated algorithms to gather anonymous and aggregated information from Customer Data in order to assist in our continued development and improvement of the Services, and for research, data analysis, benchmarking, statistics or trend analysis. We will ensure that none of the information we gather identifies, or could be used to identify, any user or patient. SchoolTx may share such anonymized information with Customers and others, for example, by providing insights into most common conditions, most popular treatments or benchmarking fees against industry or regional norms.

Fees and Billing

SchoolTx provides the Service for the fees and other charges set forth on the Website at SchoolTx.com/plans or other location on the Website. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Owner to SchoolTx and deemed to be in addition to the fees charged in connection with the Service. Where applicable, Account Owner shall be responsible for all Sales Taxes and SchoolTx reserves the right to collect Sales Taxes retroactively. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Service not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by SchoolTx and/or its processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use, as provided in the Termination section of this Agreement, in the event of any payment delinquency. Other services are available from SchoolTx and the agreement with respect to those services and fees due to SchoolTx incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to SchoolTx shall have been earned by SchoolTx as of the date of payment. You will not be entitled to any refund for the partial account use of the Service or credits at any time.

Termination

Overdue Fees. If any fees are more than 7 days overdue, we may, without limiting our other rights and remedies, suspend or terminate access to the Services until the overdue amounts are paid in full. We will notify the Account Owner by email when fees are overdue, and we will not exercise this right if the Customer is disputing the applicable fees reasonably and in good faith and is cooperating diligently to resolve the dispute.

Termination by Us. SchoolTx may terminate or suspend access to the Services, or suspend or deactivate a Customer’s or a user’s account, if the Customer or user breaches any obligations under these Terms. SchoolTx may also terminate a Customer’s subscription if SchoolTx discontinues the Services. We will use our best efforts to notify you in advance of any suspension or termination and help Customer’s retrieve their Customer Data; however, there may be some cases where we need to suspend access immediately for any or no reason at all.

Refunds. If SchoolTx terminates a Customer’s subscription due to a breach by the Customer, the Customer will not be entitled to any refund and must pay any unpaid fees for the remaining unused portion of the subscription term. Upon termination by You or by SchoolTx of your Account, You will not receive any refund of any amounts previously paid and You will remain liable for any charges incurred or unpaid amounts owed by You to SchoolTx.Termination does not relieve a Customer of its obligation to pay fees for any period prior to the effective date of termination.

Privacy Policy, Protected Health Information, User Data and Use of Your Information, Email, Data Deletion on Termination

Our Privacy Policy describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment data or registration data You provide, or other Personal Information we receive when You submit an inquiry or request further information, or receive updates and promotions about or related to the Service.  Our Privacy Policy does not apply to any Personal Information contained within User Data that we collect and process only on your behalf when we provide the Service.

In providing you our Service, SchoolTx will not sell any Personal Information contained in User Data. SchoolTx will not retain, use or disclose the Personal Information You provide to us about Your students and clients except for the specific purpose of performing our obligations under these Terms of Service, including providing and improving the Service under these Terms of Service, nor will SchoolTx retain, use or disclose Personal Information within your data outside of our direct business or contractual relationship with You or the legal entity under which You practice or are employed.  

We will make no use of Private Health Information (“PHI”) that is not permitted by these Terms of Service, the BAA or that is prohibited by applicable law, including but not limited to HIPAA. SchoolTx does not provide legal or compliance advice and You are responsible for retaining competent counsel and advisors for these purposes. 

In the event that we receive a subpoena, court order, or other legal request compelling the disclosure of any of your students’ or clients’ UserdData (including PHI) or any of Your data or information or any User data, we will notify You of the existence of such subpoena, court order or other legal request prior to disclosing the PHI or other data or information or any User Data. unless ordered to not do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law.

In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in these Terms of Service, there is an export feature in the Service which will enable you to retrieve your User Data contained within the Service prior to the account termination date. It is your sole responsibility to export from your Account a report or files containing the User data contained within the Service before the account termination date and to ensure the secure preservation of User Data (including PHI) for your clients and students pursuant to federal and state law. SchoolTx will destroy the User Data for your Account as provided in the Termination section of this Agreement.

Interruption of Service

SchoolTx may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that SchoolTx is not liable for any interruption or suspension of the Service (whether intentional or not), and You understand that neither You nor any Team Members of Users will be entitled to any refunds of fees or other compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.

Violation of Terms of Service

Any violation by You, Your Team Members or Users of these Terms of Service may result in immediate suspension or termination of your Account without any refund or other compensation at SchoolTx’s option.

Disputes

Disputes. In the event of a dispute, You and SchoolTx agree to try settle the dispute through consultation and negotiation in good faith and a spirit of mutual cooperation. We may also agree to use some form of non-binding alternative dispute resolution, such as mediation. If we are unable to resolve the dispute within 60 days after it first arose, we will resolve the dispute by binding arbitration before a single arbitrator with relevant experience. The arbitration will be held in the same state with which SchoolTx operates, in The United States of America.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

SchoolTx Peer to Peer Referral Program

By participating in SchoolTx referral program (the "Program"), you agree to the following terms and conditions ("Terms"). SchoolTx may at any time and in its sole discretion, without prior notice, terminate, cancel, suspend or modify the Program or these terms. If you are the person inviting peers to participate, you are a "Referrer" under these terms, and if you are a person who receives an invitation, you are a "Referee."

Eligibility and Overview 

  1. You may participate in this Program as a Referrer until the Program is terminated or modified by SchoolTx. If you refer a Referee prior to SchoolTx’s termination or modification of the program, you and such Referees will still be eligible to earn the reward described below even if the Referee does not fulfill the Credit Criteria (defined below) before such termination or modification.

  2. To be eligible to earn rewards through the Program, each Referrer and Referee must have (or sign up for, in the case of Referees) a SchoolTx account in good standing (“Valid Account”) at the time of participation through when his/her reward(s) are issued.

  3. Sign up for a Valid Account for the first time and use the Referrer’s unique code during checkout. To be eligible, Referee’s email used to sign up cannot have been previously associated with a SchoolTx account. Signing up for a Valid Account may require certain actions to verify the Valid Account and is subject to the SchoolTx Terms of Service. 

  4. Free trial periods and discounted service months do not apply.

Reward for Solo Accounts. The reward for the Referrer will be a $10.00 credit toward a future bill applied to a Valid Account. The Referrer's account will be credited with the reward within 60 days of the Referee's payment for one month of service at full price.

Reward for Team Accounts. The reward for the Referrer will be a $50.00 credit to the Account Owner’s invoice after the Referee has paid in excess of $50 towards a team account in aggregate over the lifetime of the account. The Referrer's account will be credited with the reward within 60 days of the invoice payment which results in an aggregate of payments exceeding $50.

Receiving and Using Rewards: 

  • SchoolTx reserves the right to limit, cancel, delay, or revoke a reward if SchoolTx determines, in its sole discretion, that an Eligible Participant has violated these Terms or the SchoolTx User Agreement or has acted in a fraudulent or abusive manner, or if SchoolTx restricts or closes their Valid Account pursuant to the SchoolTx User Agreement.

  • SchoolTx may provide an alternate reward of equal value if it is unable for any reason to fulfill the reward. Reward redemptions are final, will not be returned, and are subject to review and verification.

  • SchoolTx is not responsible and/or liable if any e-mail, reward, referrals, or Program-related materials or correspondence are lost, fraudulent, abusive, stolen, late, incomplete, illegible, interrupted, delayed, altered, defective, misdirected, tampered with, or irregular in any way or if any participant’s e-mail address, Valid Account, or other contact information does not work, is deleted, or is changed without participant giving prior written notice to SchoolTx.

  • Program is void where prohibited or if Eligible Participant’s accounts or transactions are fraudulent, abusive, not completed through legitimate channels, in violation of these Terms, or irregular in any way.

By participating in the referral program, you agree that SchoolTx may disclose customer information about you to persons who refer you to SchoolTx or who you refer to SchoolTx.

By entering, entrants agree to be bound by these terms and conditions and the SchoolTx Terms of Service. Any questions relating to the offer will be resolved in SchoolTx’s sole discretion and its decisions related to the offer will be final and binding.

SchoolTx Community Terms of Use

SchoolTx Account Owners and Team Members may participate in the SchoolTx Community Site (and other SchoolTx sponsored public and private social media sites) that permits You to communicate with other Account Owners and Team Members. By accessing the SchoolTx Community Site, you agree to the Terms of Use of the community site in the SchoolTx Community which you must agree to when joining the community.

Integration, Interpretation of Section Headings and Severability

The agreements, understandings and policies referenced in this Agreement sets forth the entire agreement and understanding between You and SchoolTx with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. SchoolTx reserves the right to modify this Agreement and Terms of Service at any time with or without notice and with or without consent. If any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.

You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Legal Limits

Disclaimer. We want to provide great Services; however, there are certain things about the Services that we cannot promise. For example, SchoolTx cannot promise, and does not represent or warrant that:

  • The Services will meet your specific needs or requirements;

  • The Services will be uninterrupted, timely, 100% secure or free from errors, viruses or other defects;

  • Information provided through the Services will be accurate, timely, complete or reliable.

YOU UNDERSTAND AND AGREE THAT: (A) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK; AND (B) SCHOOLTX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY OR NON-INFRINGEMENT.

Limitation of Liability. THE TOTAL LIABILITY OF EITHER OF US under these terms WILL BE LIMITED TO THE AMOUNT YOU PAID TO SCHOOLTX FOR USE OF THE SERVICES IN THE three (3) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO SCHOOLTX.

No Indirect or Consequential Damages. Regardless of the above, SchoolTx will not be liable, UNDER ANY CIRCUMSTANCES, for any indirect, SPECIAL or consequential damages arising out of or in connection with the services, SUCH AS LOST REVENUE or BUSINESS INTERRUPTION. 

Force Majeure

We shall not be liable for damages arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, pandemics, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Indemnification

At SchoolTx’s request, you agree to defend, indemnify and/or hold harmless SchoolTx, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You or your Team Members or Users of these Terms of Service, including without limitation your representations and warranties relating to your data, User Data; (ii) claims, losses and causes of action asserted by any Users (including without limitation your clients or students or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. In any matter in which you have agreed to indemnify SchoolTx, without the express written consent of SchoolTx, You may not settle any matter or admit liability if, upon doing so, you are admitting liability or fault on the part of SchoolTx. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Contact Us

If you have any questions regarding the Services or these Terms, please contact us at support@schooltx.com or our support request form.