Terms of Service Agreement

Read This Terms of Service Agreement before using the SchoolMeter.com Website.

This Terms of Service Agreement was last updated on September 14, 2014

Effective Date: September 14, 2014

Dark Horse Systems, Inc. provides its service to you subject to the following Terms of Service ("TOS"). By using the SchoolMeter.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SchoolMeter.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

Dark Horse Systems, Inc. is providing you with a collection of products and services to access school reporting data and work with interactive reports through the SchoolMeter.com website (“Services”) . You must provide and are responsible for all equipment necessary to access the Service. You are also responsible for your own access to the Services and any fees related with such connection.

  1. Disclaimer of Warranties.

The site is provided by Dark Horse Systems, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Dark Horse Systems, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Dark Horse Systems, Inc. shall have no liability for any interruptions in the use of this Website. Dark Horse Systems, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

  1. Limitation of Liability

Dark Horse Systems, Inc. shall not be liable for any damages whatsoever, and in particular Dark Horse Systems, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Dark Horse Systems, Inc. has been advised of the possibility of such damages.

  1. Indemnification

You agree to indemnify and hold Dark Horse Systems, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

  1. Members Account

You may register for a Member account. All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Dark Horse Systems, Inc. of any unauthorized use of your account or any other breach of security. Your right to use the Service is personal to the you. You agree not to resell or make any commercial use of the Service without the express written consent of Dark Horse Systems, Inc. Dark Horse Systems, Inc. is not liable for any loss or damage arising from your failure to comply with this Section 5.

  1. Age and Responsibility

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (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 Dark Horse Systems, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dark Horse Systems, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  1. Privacy Information

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://SchoolMeter.com/privacy/.

  1. Rules of Conduct

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you agree that you will not use the Service for any purpose that is not permitted by this TOS. This includes, but is not limited to the following:

    1. You agree not to use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.

    2. You agree not to use the Service to harm minors in any way.

    3. You agree not to use the Service to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, or unlawful material or information.

    4. You agree not to use the Service to upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.

    5. You agree not to use the Service to upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

    6. You agree not to use delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

    7. You agree not to falsify the origin or source of videos or other material contained in a file that is uploaded.

    8. You agree not to use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    9. You agree not to use the Service to 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, except in those areas that are designated for such purpose;

    10. You agree not to use the Service to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    11. You agree not to use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

    12. You agree not to use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

    13. You agree not to use the Service to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge that Dark Horse Systems, Inc. may or may not pre-screen Content, but that Dark Horse Systems, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Dark Horse Systems, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dark Horse Systems, Inc. or submitted to Dark Horse Systems, Inc.

You acknowledge, consent and agree that Dark Horse Systems, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access 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; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dark Horse Systems, Inc., its users and the public.

  1. Termination of Member Account

If you want to terminate your Member account with Dark Horse Systems, Inc., you may do so by notifying Dark Horse Systems, Inc., at: admin@SchoolMeter.com.

You agree that Dark Horse Systems, Inc. may, under certain circumstances and without prior notice, immediately terminate your SchoolMeter.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause shall be made in Dark Horse Systems, Inc.’s sole discretion and that Dark Horse Systems, Inc. shall not be liable to you or any third party for any termination of your account or access to the Service.

  1. Modifications and Interruption to Service

Dark Horse Systems, Inc. reserves the right to modify or discontinue the Service with or without notice to you. Dark Horse Systems, Inc. shall not be liable to you or any third party should Dark Horse Systems, Inc. exercise its right to modify or discontinue the Service. You acknowledge and accept that Dark Horse Systems, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

  1. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Dark Horse Systems, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Dark Horse Systems, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  1. Governing Jurisdiction of the Courts New York

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York. You and Dark Horse Systems, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westchester, New York.

  1. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright, and owned by Dark Horse Systems, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Dark Horse Systems, Inc. is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Dark Horse Systems, Inc.

Dark Horse Systems, Inc. and SchoolMeter.com are trademarks of Dark Horse Systems, Inc. Dark Horse Systems, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Dark Horse Systems, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dark Horse Systems, Inc.

All other trademarks displayed on the SchoolMeter.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Dark Horse Systems, Inc.

  1. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Dark Horse Systems, Inc.'s agent for receipt of notifications of claimed copyright infringement can be reached as follows:

By Email: admin@SchoolMeter.com

  1. Other Terms

If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Dark Horse Systems, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to any other written agreement between us.