Welcome to SIRIUS EDUCATION SOLUTIONS. By visiting and/or using the https://sirius.content2classroom.com/ website and the SIRIUS ONLINE STAAR Test Preparation and Practice product operated by Sirius Education Solutions, with principal offices located at 1108 Lavaca Street, Suite 110-197, Austin, Texas 78701 (“Sirius Education Solutions,” “Sirius,” or “We”), school districts, schools, administrators, teachers, students, and other users (“You” or “Your”) signify Your agreement to these terms and conditions (the “Terms of Use”).
This Terms of Use Agreement governs your use of the website https://sirius.content2classroom.com/ and any subdomains (the “Service”), as well as the services, features, and information available on the Service, on associated and successor sites, and on any mobile applications we provide (all of which Services, sites, associated and successor websites, applications, features, services and information are together referred to in this Agreement as the “Service”). BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE.
You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement. If You are accepting this agreement on behalf of your institution (employer), You affirm that You have the authority to accept this agreement on its behalf. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, representations, warranties, and indemnifications set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
1. Changes to this Agreement. Because we need to update our Service to keep up with changes in teacher needs and the educational landscape, we sometimes need to revise these terms as well. Therefore, we reserve the right to change, add to, supplement or delete any terms and conditions of this Agreement at any time, except with respect to Section 16.3 (Mandatory Arbitration) and the Privacy Policies (which can only be changed as stated within them). Sirius will use reasonable efforts to provide you with notification of any material changes by email, postal mail, website posting, pop-up screen, or in-service notice. Therefore, you should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may reject them, but must also stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your acceptance of these changes.
2. Access to the Service.
2.1. Subject to your complying with this Agreement, Sirius grants you a non-exclusive, non-transferable license to use the Service, provided that your license to the Service is in good standing, for non-commercial educational purposes, including the instruction and teaching of students.
2.2. Access to the Service and any related materials is limited to the specific number of product licenses and users contracted between You and Sirius Education Solutions either through purchase order, invoice, sampling, product previews or other permissioned uses of the product obtained in writing from Sirius Education Solutions.
2.3. You agree that, except as allowed by this Agreement, you will not use the Service, or download, save, copy or distribute any materials displayed, contained within, or performed on the Service including all text, graphics, articles, photos, images, and illustrations.
2.4. Sirius may change, modify, suspend, or discontinue the Service, or limit or restrict certain features or parts of the Service, or all of the Service upon reasonable notice where feasible. Sirius may terminate your access to the Service without notice if you violate this Terms of Use Agreement or for other good cause.
3. Ownership of Intellectual Property.
3.1. The Content provided in the Service is protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, and other restrictions contained in any Content you access through or upload to the Service, including rostering or other data from a third-party system. You specifically agree not to upload to the Service any Content that you are not permitted to use (by license, fair use or otherwise) under copyright or other applicable law.
3.2. You understand that SIRIUS owns the Service and that you do not acquire ownership of any Content by using or downloading that Content. You agree that, except as allowed by this Agreement, you will not copy, redistribute, publish, or otherwise exploit material from the Service without the express written permission of Sirius.
4. Access by Minors. If you provide a minor with access to use the Service, you hereby accept this Agreement on behalf of yourself and such minor, and You understand and agree that You will be responsible for all uses of the Service by that minor whether or not authorized by You.
5. Representations and Agreements of Schools, Districts, and Teachers. If you are a School, District, or Teacher providing a student with access to use the Service, you hereby represent, warrant, and agree that you are authorized by such student’s parents or legal guardians to agree to the terms of this Agreement and the Privacy Policies (as the foregoing may be amended from time to time); that you have obtained all parental consents and permissions and have provided all necessary parental notices in connection with the Service required by federal, state, and local law (and all regulations and rules thereunder), including without limitation the Children’s Online Privacy Protection Act and the Family Educational Rights and Privacy Act; and if you are a Teacher providing a student with access to use the Service, you further hereby represent and warrant that you are acting as an authorized agent of the student’s School or District.
6. Notices and Marks. You agree that, when using the Service, you will include, and not remove or alter, any trademark, copyright or other proprietary rights notices provided by Sirius and will otherwise comply with any usage guidelines We may provide. You agree that all goodwill arising from using Sirius’ trademarks inures exclusively to Sirius and that you will not challenge Sirius’ ownership or control of its trademarks, nor use or adopt any trademarks that might be confusingly similar to Sirius’ trademarks.
7. Passwords. You are responsible for all actions on the Service by you or under your password or account and for taking reasonable steps to ensure that unauthorized persons cannot access your password or account. In particular, it is your responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform Sirius of any need to deactivate a password. You grant Sirius and all others involved in operating the Service the right to monitor, retrieve, store, transmit, and use any information recorded and/or stored in your account in connection with the operation of the Service.
8. Usage Rules.
8.1. As a condition of your use of and access to the Service, you agree to comply with any application or content-specific rules published within the Service as well as the following usage rules, which Sirius may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that your activities on the Service, and those of any users to whom you provide access to the Service, will not:
(a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code;
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
(c) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
(d) cover or obscure any notice contained on the Service;
(e) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on the use of or access to the Service;
(f) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for real currency or items of monetary value;
(g) violate any applicable law, including without limitation any applicable export laws;
(h) infringe or violate the rights of any other party, including without limitation any copyrights, intellectual property rights or rights of privacy or publicity
(i) allow another person or entity to use your identity to access the Service;
9. Privacy and Protection of Personal Information. Sirius respects the privacy of visitors to and users of the Service and adheres to the Child Online Protection Act (COPA). Information collected from you and from any individual to whom you provide access to the Service by Sirius is subject to the Sirius Education Solutions Privacy Policy. Please see the Sirius Education Solutions Privacy Policy at https://desk.zoho.com/portal/sirius4learning/en/kb/articles/sirius-online-staar-preparation-and-practice-privacy-policy for more information on our collection and use of your information. You agree that the Sirius Education Solutions Privacy Policy is incorporated into and governed by this Agreement. By accepting this Terms of Use Agreement, you agree (i) to all terms of the Sirius Education Solutions Privacy Policy, and (ii) to comply with all applicable laws with respect to all information you may receive from Sirius or through the Service.
10. Child Online Protection Act & Family Educational Rights Privacy Act. When using the Service, you agree to adhering to the Child Online Protection Act (COPPA) pursuant to 47 U.S.C. § 230(d) as amended. You agree to comply with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations, 34. C.F.R. pt. 99 (“FERPA”) when using the Service. Without limiting this commitment, you agree that (i) you will generally disclose only directory information to us, and (ii) in any case, you will obtain any and all consents needed to make such disclosures and for students to participate in the Service. You authorize Sirius to use any non-directory information provided to us to conduct studies with the purposes of improving instructions for teachers and school systems that use the Service, in accordance with 34 C.F.R 99.31(a)(6)(i).
11. Disclaimers; Limitations; Waivers of Liability.
11.1. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT TO THE EXTENT THE LAW PROHIBITS A DISCLAIMER OF THAT WARRANTY).
11.2. WITHOUT LIMITING THE ABOVE, NEITHER SIRIUS, NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, LICENSORS, LICENSEES OR DISTRIBUTORS, (COLLECTIVELY, THE "SIRIUS PARTIES") WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
11.3. THE SIRIUS PARTIES DO NOT ENDORSE OR WARRANT ANY EDUCATIONAL INSTITUTION, PROGRAM, TEACHER, PRODUCT, SERVICE, OPINION, OR INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE PARTIES HAVE NO RESPONSIBILITY FOR ANY STUDENT-TEACHER, TEACHER-INSTITUTION OR OTHER RELATIONSHIP THAT EXISTS OR ARISES BETWEEN USERS, INSTITUTIONS OR OTHERWISE THROUGH OR IN CONNECTION WITH THE SERVICE.
11.4. THE SIRIUS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT AWARE OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE SIRIUS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID SIRIUS FOR THE SERVICE IN THE NINETY (90) DAYS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
11.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ALL DAMAGES OR INJURY CAUSED BY, OR RELATED TO THE USE OF OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER, INCLUDING WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
11.6. Release. You forever release, discharge, and covenant not to sue the Sirius Parties from any and all liability that may arise from your use of the Service or interaction with any party through the Service. In other words, you agree that you cannot sue the Sirius Parties if anything happens to you or to any person to whom you provide access to the Service or your property in connection with your use of the Service or your interaction with any party through the Service. You agree that this Section 11.6 will survive any termination of your account(s) or this Agreement.
12. Indemnification. To the extent permitted by law, You agree to defend, indemnify and hold harmless the Sirius Parties from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach or that of any person to whom you provide access to the Service of any term, condition, obligation, representation or warranty in this Agreement, unless caused by the Sirius Parties’ gross negligence, misconduct or violation of law. You agree that this paragraph will survive any termination of your account(s) or this Agreement.
13. Objectionable Content/Copyright Policy: If you believe your rights have been violated by, or you otherwise object to, any Content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following will apply.
Copyright Policy: It is Sirius’ policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any Content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the Content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Sirius will also terminate a subscriber's account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention:
Sirius Education Solutions
1108 Lavaca Street, Suite 110-197
Austin, TX 78701
Telephone Number: 800-942-1379
Email: Teachers@siriuseducationsolutions.com
14. Governing Law/Waiver of Injunctive Relief.
14.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the State of Texas governing contracts entered into and to be fully performed in Texas (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Austin, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum with respect to, venue and jurisdiction in the state and federal courts located in Austin, Texas.
14.2. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Sirius agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Sirius Education Solutions, 1108 Lavaca Street, Suite 110-197, Austin, Texas 78701.
14.3 Mandatory Arbitration. If you and Sirius are unable to resolve a Dispute through informal negotiations within 30 days, either you or Sirius may elect to have the Dispute (except those Disputes excluded below) resolved by binding arbitration. Any election to arbitrate by one party will be binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
14.4 Notwithstanding the above, you and Sirius agree that arbitration will be limited to the Dispute between Sirius and you. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15. Waiver/Severability.
15.1. The failure of Sirius to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Sirius’ right to assert or rely upon any such provision or right in that or any other instance.
15.2. You and Sirius agree that if any portion of this Agreement, is found illegal or unenforceable by any court of competent jurisdiction, such provision will be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect
16. Miscellaneous. The information provided in the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sirius to any registration requirement within that jurisdiction or country. Therefore, those who access the Service from other locations are solely responsible for compliance with any applicable local laws. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from Sirius or the Service. The privileges granted to you under this Agreement will terminate immediately and automatically upon expiration of the license term for the Service or without notice from Sirius if we determine, in our sole discretion, that you failed to comply with any term or provision of this Agreement or for any reason in Sirius’ sole discretion. Following the termination of this Agreement, your account(s), or the Service, Sirius shall retain all rights pursuant to this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Terms of Use Agreement to any party at any time without any notice to you. You may not assign this Agreement without Sirius’ prior written consent. This Agreement (including the Sirius Education Solutions Privacy Policy) contains the entire understanding of you and Sirius and supersedes all prior understandings between the parties concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Sirius’ request, you will furnish Sirius any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Sirius by virtue of having drafted it. You hereby waive all defenses you may have based on the electronic form of this Agreement, if any, and any lack of the parties hereto to execute this Agreement.
17. Statute of Limitations. You and Sirius agree that any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Sirius Education Solutions Privacy Policy) must be filed within ONE (1) YEAR after that claim or cause of action arose or it will be forever barred.