TERMS OF SERVICE
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE MAKE SURE
TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN.
to GradeBookWizard.com. This service ("Service") is brought to you ("User") by Blue
Pegasus LLC subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most current version
of the TOS at any time on our site at: http://www.gradebookwizard.com. Revisions
to the TOS are effective upon posting and your continued use of the Service following
the posting of a revision will indicate your acceptance of such revision.
We want this site to be beneficial to all Users. To protect
your rights and ours, the TOS apply to all users of the Service. PLEASE READ THE
TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. If you have any questions or
concerns, you can contact us by email or regular mail. Our email address is
firstname.lastname@example.org. Our mailing address is: Blue Pegasus LLC, 5318
Second Street, #316, Long Beach, CA 90803.
Service provides Users with online access to school information such as assignments,
student grades, and progress reports, as well as acting as a communications medium
to facilitate interaction between teachers, students, and parents. The teacher determines
the scope and nature of the information to make available to students and parents
through the Service.
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new services, shall
be subject to the TOS. You understand and agree that the Service is provided "AS-IS"
and that Blue Pegasus LLC assumes no responsibility for the timeliness, accuracy,
deletion, misdirection, or failure to store information or personalization settings.
You agree that you must evaluate and bear all risks associated with the use of this
Service, including any reliance on the accuracy, completeness, or usefulness of
any content provided.
You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
Subject to the Terms of Service, payment of a monthly or annual subscription fee
grants Users a personal, non-exclusive, non-assignable, and non-transferable license
to access this Service for personal and non-commercial use for a stated term. This
license grants you a single-session right of access to the Service. Multiple concurrent
sessions are not permitted. You agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current, or incomplete, or Blue
Pegasus LLC has reasonable grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, Blue Pegasus LLC has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
Modifications of any materials found on this Service,
or use of the materials for any purpose other than as part of this Service, is a
violation of Blue Pegasus LLC's copyright and proprietary rights. You agree not
to reverse engineer, duplicate, publish, modify, or otherwise distribute any materials
that are part of this Service unless specifically authorized in writing by Blue
Pegasus LLC to do so.
Pegasus LLC is concerned about the safety and privacy of all Users of this service.
Please read our Privacy Statement, which is part of the TOS and is available on
our site at: http://www.gradebookwizard.com.
Access to some sections of this service is restricted to users holding a current,
valid user account identification and password. You are responsible for maintaining
the confidentiality of the password and account identification, and are fully responsible
for all activities that occur under your password or account identification. You
agree to (a) immediately notify Blue Pegasus LLC (at
email@example.com) of any unauthorized use of your password or
account identification or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Blue Pegasus LLC cannot and will
not be liable for any loss or damage arising from your failure to comply with this
User accounts and passwords are personal and may not be
shared or transferred by any User. If you are a student or parent, you have received
your account identification and password from your teacher. Please ask your teacher
for information regarding the expiration or termination of your account. Blue Pegasus
LLC may terminate access to any User at any time for any reason without notice.
You understand that all information, data, text, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not Blue
Pegasus LLC, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Blue Pegasus LLC does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. Under no circumstances will Blue
Pegasus LLC be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
As a condition of your use of this Service, you warrant
to Blue Pegasus LLC that you will not use this Service for any purpose that is unlawful
or prohibited by the Terms of Service. You agree not to use this Service in any
manner that could damage, disable, overburden, or impair the Service or interfere
with any other party’s use and enjoyment of the Service. You agree not to obtain
or attempt to obtain through this Service any materials or information not intentionally
made available to you.
You agree to not use the Service to: (a) upload, post,
email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way; (c) impersonate any person or entity, including, but
not limited to, a Blue Pegasus LLC official or employee; (d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service; (e) upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements); (f) upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; (g) upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation; (h) upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (i) intentionally or unintentionally
violate any applicable local, state, national or international law, including, but
not limited to, any regulations having the force of law.
You acknowledge that Blue Pegasus LLC shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You acknowledge
and agree that Blue Pegasus LLC may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Blue Pegasus LLC, its
users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You agree to indemnify and hold Blue Pegasus LLC, and its subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, contractors and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
USE AND STORAGE LIMITATIONS:
You acknowledge that Blue Pegasus LLC may establish general practices and limits
concerning use of the Service, including without limitation the maximum amount of
Content that may be sent from or received by the Service, the maximum size of Content,
the maximum disk space that will be allotted on Blue Pegasus LLC's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Blue Pegasus LLC
has no responsibility or liability for the deletion or failure to store any Content
and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Blue Pegasus LLC reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that Blue Pegasus
LLC reserves the right to change these general practices and limits at any time,
at its sole discretion, with or without notice.
Blue Pegasus LLC reserves the right at any time, and from time to time, to modify
or discontinue, temporarily or permanently, the Service or any part thereof, with
or without notice. You agree that Blue Pegasus LLC will not be liable to you or
any third party for any modification, suspension, or discontinuation of the Service
or any part thereof.
Blue Pegasus LLC reserves the right to terminate your account identification and
password and your use of the Service for any reason, including your failure to pay
your subscription fee within 30 days of its due date, or if Blue Pegasus LLC believes
that you have violated or acted inconsistently with the TOS, including, without
limitation, the Privacy Statement. You agree that any termination of your access
to the Service under any provision of this TOS may be effected with or without prior
notice, and acknowledge and agree that Blue Pegasus LLC may immediately deactivate
or delete your account identification and all related information and files under
your account identification and/or bar any further access to the Service. Further,
you agree that Blue Pegasus LLC will not be liable to you or any third party for
any termination of your access to the Service. You may choose to terminate your
account at any time. If you are on an annual subscription plan, your account will
be pro-rated at the corresponding monthly rate from your last payment date to the
date of termination. And any excess monies will be refunded to you. If you are on
a monthly plan, your subscription will terminate at the end of your current billing
month. There shall be no refunds for amounts corresponding to less than the
cost of a monthly subscription. You agree that Blue Pegasus LLC will not be liable
to you or any third party for any consequences resulting from your termination of
your access to the Service.
may, at their sole option, provide links to other websites or resources to be utilized
by students. Because Blue Pegasus LLC does not control such websites and resources,
you acknowledge and agree that Blue Pegasus LLC is not responsible or liable for
the content, products or performance of such external websites and resources, and
you hereby irrevocably waive any claim against Blue Pegasus LLC with respect to
such websites and resources. Blue Pegasus LLC reserves the right to terminate any
link at any time without notice. The inclusion of a link to another website or resource
does not constitute or imply an endorsement, authorization, sponsorship, or affiliation
by Blue Pegasus LLC of that website or resource, or any products or services provided
You agree that the Service and its supporting software ("Software") are the proprietary
property of Blue Pegasus LLC, and are protected by U.S. and international copyright
and other intellectual property laws. The reproduction, redistribution, modification
or publication of any part of the Service without the express written consent of
Blue Pegasus LLC is strictly prohibited.
You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by Blue Pegasus LLC for use in accessing the Service
You agree not to display, disparage, dilute, or taint
our trademarks or use any confusing similar marks or use our trademarks in such
a way that would misrepresent the ownership of such marks. Any permitted use of
our trademarks by you shall be to the benefit of Blue Pegasus LLC.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR
OWN RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUE
PEGASUS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BLUE PEGASUS LLC MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE
CORRECTED. (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, OR ANY MATERIAL
ENTERED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK;
BLUE PEGASUS LLC SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY
AND ALL LOSS OR CORRUPTION OF DATA UPLOADED OR ENTERED BY YOU THROUGH THE USE OF
THE SERVICE, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT MAY RESULT FROM THE USE
OF THE SERVICE. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BLUE PEGASUS LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE PEGASUS LLC SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF BLUE PEGASUS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Blue Pegasus LLC welcomes suggestions and comments regarding the Service from Users.
Any comments or suggestions submitted to the Service or Blue Pegasus LLC, either
online or offline, become the property of Blue Pegasus LLC upon their submission.
Blue Pegasus, the Blue Pegasus logo, GradeBookWizard.com, and the GradeBookWizard.com/Blue
Pegasus logo and product are trademarks of Blue Pegasus LLC and may not be used
without prior written consent.
The TOS constitute the entire agreement between you and Blue Pegasus LLC and govern
your use of the Service, superceding any prior agreements between you and Blue Pegasus
LLC. You may also be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software. The TOS
and the relationship between you and Blue Pegasus LLC shall be governed by the laws
of the State of California without regard to its conflict of law provisions. You
and Blue Pegasus LLC agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles, California. The failure
of Blue Pegasus LLC to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
Blue Pegasus LLC respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please let us know. Please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim
has been infringed; a description of where the material that you claim is infringing
is located on the site; your address, telephone number, and email address; a statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf. Send this to: Copyright Agent Blue Pegasus
LLC, 5318 Second Street, #316, Long Beach, CA 90803.
Please report any violations of the TOS to
BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING
THIS SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE
(INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE
WITH ANY PART OF THE TERMS OF SERVICE (INCLUDING ANY PART OF THE PRIVACY STATEMENT),
YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT OR PARENT AND HAVE BEEN GIVEN
AN ACCOUNT IDENTIFICATION AND PASSWORD BY YOUR TEACHER TO ACCESS THE SERVICE, YOU
SHOULD INFORM YOUR TEACHER OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND
PASSWORD TO YOUR TEACHER. BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING THIS
SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF SERVICE AND ALL OTHER APPLICABLE LAWS