Time Clock Plus Website Master Terms And Conditions

Last Updated 10/21/2019

Introduction

You must accept the terms and conditions set forth in this “Website Master Terms and Conditions” agreement (“Master Terms”) to gain access to the School Improvement Group’s (“SIG”) website platform(s) either (https://InstaSub.com), (https://bookasub.com) or any other website under the operation of SIG unless expressly covered separate terms and conditions. Acceptance of the Master Terms is unconditional. By accepting these terms. you acknowledge that 1) you have read and fully understand the terms and conditions and 2) you are the authorized official or representative of your District.

  1. USE OF SERVICES
    • License: SIG provides a website platform for Districts and teacher substitutes to engage each other for teacher substitute services. You have a license to use the SIG website for those purposes only.
    • Modifications: SIG reserves the right to modify or discontinue its website and/or services at any time without any notice to or approval from you.
  2. USER ACCESS.
    • User Profile: You will access the SIG website platform’s services through your User Profile. This profile and the credentials used to access it will be personal to the you. By creating a user profile, you agree that you are providing true and accurate information, that you are of legal age to form a binding contract, that you are the authorized person to enter into a binding contract and you are not otherwise barred from using the SIG website platform. Providing false, inaccurate or incomplete information will lead to the suspension or termination of your access to the SIG website platform. You agree that you will not divulge your account information and/or login credentials with anyone else.
    • Linked Accounts: SIG may allow you to link your SIG account and User Profile to other accounts, such as Google, LinkedIn or other like platforms. By using the linked account function, you represent that you are entitled to grant access to the linked account to SIG without any breach by you that govern the terms and conditions of your use of the linked account. Please note that your relationship with the providers of the linked account are governed solely by the District’s agreement with the linked account’s service provided. SIG bears not responsibility for the content of the material transmitted through the linked account.

      By using any product, service or functionality originating from the SIG domain, you hereby acknowledge and consent that SIG may share such information and data with any third party with whom SIG has a contractual relationship to provide the requested product, service or functionality on behalf of SIG website platform users and customers.
    • Equipment and Software: You are solely responsible for providing all equipment and software necessary to access to the SIG website platform. SIG is not responsible for any data, internet or mobile fees incurred from accessing the SIG website platform.
  3. PRIVACY. Your use of SIG’s website platform is subject to SIG's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
  4. ELECTRONIC COMMUNICATIONS. Visiting SIG’s website platform or sending emails to SIG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
  5. ACCOUNT SAFETY. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SIG is not responsible for third party access to your account that results from theft or misappropriation of your account. SIG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
  6. MINORS. SIG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If may not use the SIG website platform if you are under 18.
  7. PROHIBITED USE/INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use the SIG website platform strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SIG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. 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.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SIG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SIG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SIG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SIG or our licensors except as expressly authorized by these Terms.
  8. USE OF COMMUNICATION SERVICES. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

    By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

    SIG has no obligation to monitor the Communication Services. However, SIG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SIG reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

    SIG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SIG's sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. SIG does not control or endorse the content, messages or information found in any Communication Service and, therefore, SIG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SIG spokespersons, and their views do not necessarily reflect those of SIG.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
  9. MOBILE TEXT SERVICES. SIG May use mobile text messaging services to notify you of new requests, notify of changes to a requests, notify you of your selection status and/or notify you of cancellations. You may opt to receive one or more SMS or MMS messages from SIG or send SMS or MMS messages to SIG by providing your express consent through the website platform or your mobile device.
    • You may opt out of the mobile text messaging services by texting the word STOP to the SIG mobile number. SIG will send you a text message confirming that you will no longer receive text messages from SIG. If you need help with the text messaging service, please contact the SIG customer service.
    • Your mobile carrier may charge you for each message sent to or received from SIG. Please contact your mobile carrier for more information regarding text messaging charges before you opt into the SIG mobile text messaging services. SIG will not be responsible for any charges you may incur for this service. SIG charges no additional fees to use the mobile text messaging services.
    • You must provide your own mobile device and mobile carrier service to participate in the SIG’s mobile text services. SIG is not responsible for messaging or delay. Mobile text messaging services may be affected by your mobile plan, mobile device, software, carrier coverage and/or other changes made by you or your carrier to your mobile device or plan.
  10. MATERIALS PROVIDED TO SIG OR POSTED ON ANY SIG WEB PAGE. SIG does not claim ownership of the materials you provide to SIG (including feedback and suggestions) or post, upload, input or submit to any SIG Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SIG, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be paid with respect to the use of your Submission, as provided herein. SIG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SIG's sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
  11. INDEMNIFICATION. You agree to indemnify, defend and hold harmless SIG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SIG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SIG in asserting any available defenses.
  12. CLASS ACTION WAIVER. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SIG agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
  13. LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCHOOL IMPROVEMENT GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

    SCHOOL IMPROVEMENT GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCHOOL IMPROVEMENT GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHOOL IMPROVEMENT GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHOOL IMPROVEMENT GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
  14. TERMINATION/ACCESS RESTRICTION. SIG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and SIG as a result of this agreement or use of the Site. SIG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SIG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SIG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

    Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SIG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SIG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
  15. CHANGES TO TERMS. SIG reserves the right, in its sole discretion, to change the Terms under which SIG’S website platform is offered. The most current version of the Terms will supersede all previous versions. SIG encourages you to periodically review the Terms to stay informed of our updates.
  16. CONTACTS US. SIG welcomes your questions or comments regarding the Terms

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