Terms of Use

Use of the SmartLycee.com website and all authorized services and facilities provided through it or in relation to it (the “Service”) by any school or other institution (the “Subscriber”) shall be according to the following terms and conditions ("Terms of Service").

Preliminary Provisions:

Definitions.


Exclusive Terms. These terms and conditions, except those contrary to applicable law, provide the exclusive terms of the relationship between you and us. Nothing outside the terms listed in this document shall constitute part of any agreement between you and us relating to your use of our service, and any previous agreement is superseded by these terms.
Subject to Change. We reserve the right to update and change these Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the then current Terms of Use. Continued use of our service after any such changes shall constitute consent to such changes. The most current version of the Terms of Use is available at: http://www.smartlycee.com/termsofuse.html.
Violations. Violation of any of any of these terms by the Subscriber will result in the termination of the Subscriber's account, and the Provider reserves the right to bar use of the Service by any person or entity which has violated the Terms of Service in the past.
Disclaimer. To the full extent permitted by law, the Subscriber agrees to use the Service on an “as is” basis and understands that the Provider is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by users ("Content"), or provided or transmitted by the Subscriber. The Subscriber expressly understands and agrees that the Provider 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 (regardless of whether the Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) termination of your account; or (v) any other matter relating to the Service. The Provider does not warrant that (i) the Service will meet your specific requirements and (ii) the Service will be uninterrupted or error-free.
Privacy. The privacy of information submitted to or transmitted through the service is governed by a separate Privacy Policy, available at: http://www.smartlycee.com/privacy.html

Nature of Service:

This Service provides users with online access to school information such as academic records, deadlines, and files, as well as acting as a communications medium to facilitate interaction between teachers, students, coordinators, administrators, and parents. Schools subscribe to the Service; the Service then allows individual teachers to determine the scope and nature of the information to make available to their students and those students’ parents through the Service.

Membership Terms:

  1. You must be 13 years or older to use this service, or your parent must provide your school with written consent to your use of this service after reading our Privacy Policy and COPPA Compliance Policy.
  2. You must be a human to use our service. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your membership, and you take full responsibility for all actions by others accessing our service with your login information.
  6. One person may not maintain more than one membership.
  7. You may not use our service for any illegal or unauthorized purpose. You must not, in the use of our service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. Your use of the service is at your sole risk. This service is provided on an "as is" and "as available" basis.
  9. You must not modify, adapt or hack our service or modify another website so as to falsely imply that it is associated with our service, or any other service of or related to ManageBac.
  10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to service without our express written permission.
  11. The Subscriber understands that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted if SSL is not enabled and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  12. You must not upload, post, host, or transmit unsolicited email or "spam" messages.
  13. You must not transmit any worms or viruses or any code of a destructive nature.
  14. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Cancellation and Termination:

  1. You, your parent or legal guardian, or your school may at any time cancel your membership. All of your content and personal information will be immediately deleted from our service upon cancellation of your individual membership (Note: this is different from the School membership, which is governed by the Terms of Service).
  2. Your school may at any time cancel its account with us, and we may cancel your school's account with 180-days notice. In the event your school's account is cancelled for any reason, your content will be deleted after receipt of written confirmation.
  3. We may, in our sole discretion, suspend or terminate your membership and refuse any and all current or future use of our service for any reason at any time. Such termination of you membership may result in the loss of all content associated with your membership.
  4. We may, but have no obligation to, remove materials and disable or terminate memberships containing materials that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Use.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our users, customers, employees or officers may result in immediate termination of your membership.

Modifications to the Service:

  1. We may, at any time and from time to time, modify or discontinue, temporarily or permanently, our service (or any part thereof), with six-month's (180 days) notice.
  2. The Provider shall not be liable to the Subscriber or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership:

  1. We claim no intellectual property rights over the material you provide to us. Your profile and all materials uploaded or submitted into the Service remain yours.
  2. Notwithstanding any evidence to the contrary, in these Terms of Use or elsewhere, we retain all rights to the software, data, and other information relating to the service that has not been obtained solely from you or other legitimate users.
  3. We do not pre-screen material uploaded or provided by you, but we or our designee have the right (but not the obligation) in our sole discretion to refuse or remove any materials that are available via the service.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or the those of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Wilmington, DE, and you consent to the jurisdiction of such courts.

Questions & Contact Information

Any questions about this Terms of Use agreement should be addressed to information@smartlycee.com or by mail to: Faria Systems, Inc. 3720 Spruce Street, Box 434, Philadelphia, PA 19104 USA.