Disclaimer

 

Lowell Area School,  tsrv.lowellschools.com

 

 

The mission of tsrv.lowellschools.com is to allow access to network resources contained within the Lowell Area Schools wide area network (WAN) environment by staff and students.  This site is intended for the exclusive use of Lowell Area Schools staff and students on a by permission basis, to the tsrv.lowellschools.com services. To this end, tsrv.lowellschools.com is designed to:

  1. provide extended opportunities for staff and students to use campus-based electronic resources while away from the school setting;
  2. Increase the opportunities for staff to participate in after hours work related task.

This disclaimer and use statement is intended to provide you with an understanding of the parameters surrounding the use of tsrv.lowellschools.com by all online visitors to our sites.

GENERAL USE PROVISIONS
Only registered users will be allowed access into Lowell Area Schools network environments through this service. Security of student and staff information is of primary concern and all reasonable efforts will be utilized to provide electronic protection for those resources. While utilizing Lowell Area Schools LAN-based resources, all users are subject to abide by the Lowell Area Schools Board of Education adopted acceptable use guidelines.

All materials provided on tsrv.lowellschools.com, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Lowell Area Schools or by third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Lowell Area Schools and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Lowell Area Schools, or unless otherwise indicated on the network itself. Also, you may not "mirror" any Materials contained on tsrv.lowellschools.com on any other server without Lowell Area Schools, unless otherwise granted, prior express written permission.

Except where expressly provided otherwise by Lowell Area Schools, nothing on tsrv.lowellschools.com shall be construed to confer any offer for license or sale under any of Lowell Area Schools or any Third Party Provider's intellectual property rights.  You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses.

Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Lowell Area Schools and as such, Lowell Area Schools makes no warranty with respect to its contents. Lowell Area Schools does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Lowell Area Schools.

Unless permission is otherwise specifically granted by Lowell Area Schools, Lowell Area Schools hereby grants you permission to display, copy, distribute and download Lowell Area Schools Materials on tsrv.lowellschools.com provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on tsrv.lowellschools.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES
tsrv.lowellschools.com may contain links to web sites controlled by parties other than Lowell Area Schools. Lowell Area Schools is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Lowell Area Schools is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lowell Area Schools of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses, unwelcome material or other items of a destructive nature.

SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from tsrv.lowellschools.com ("Software") is the copyrighted work of
Lowell Area Schools or the appropriate Third Party Vendor. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, LOWELL AREA SCHOOLS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

SUBMISSIONS
Except where expressly provided otherwise by Lowell Area Schools, or specifically set forth in the communication, all comments, feedback, information or materials submitted to Lowell Area Schools through or in association with tsrv.lowellschools.com ("Submissions") shall be considered non-confidential and Lowell Area Schools property. By providing such Submissions to Lowell Area Schools, you agree to assign to Lowell Area Schools, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Lowell Area Schools shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Lowell Area Schools, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

NETWORK DOWNTIME
Lowell Area Schools assumes no responsibility for unannounced network outages or network downtime.
  tsrv.lowellschools.com is offered as a PRIVILEGED resource and is not GUARANTEED to be AVAILABLE at any given time.  Unadvertised UNAVAILABILITY of server connections or events of unannounced disconnections may occur.  Lowell Area Schools assumed no responsibility for lost information or data due to such OCCURRENCES.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Lowell Area Schools, THE MATERIALS ON THE TSERV.LOWELLSCHOOLS.COM ARE PROVIDED "AS IS" AND Lowell Area Schools HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Lowell Area Schools MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE TSERV.LOWELLSCHOOLS.COM.

LIMITATION OF LIABILITY
Lowell Area Schools SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. AND IN NO EVENT, SHALL ANYTHING IN THIS DISCLAIMER OR ON TSERV.LOWELLSCHOOLS.COM BE CONSTRUED TO BE A WAIVER OF ANY IMMUNITY, GOVERNMENTAL OR OTHERWISE, TO WHICH Lowell
Area Schools MAY BE ENTITLED. IN NO EVENT SHALL Lowell Area Schools BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM TSERV.LOWELLSCHOOLS.COM, EVEN IF Lowell Area Schools HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE TSERV.LOWELLSCHOOLS.COM AND YOU WILL NOT MAKE A CLAIM AGAINST Lowell Area Schools FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Lowell Area Schools HARMLESS FROM, AND YOU COVENANT NOT TO SUE Lowell Area Schools FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE tsrv.lowellschools.com.

GENERAL
tsrv.lowellschools.com may include inaccuracies or typographical errors. Lowell
Area Schools and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in tsrv.lowellschools.com at any time without notice. Lowell Area Schools may periodically make changes to the tsrv.lowellschools.com. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the tsrv.lowellschools.com and prevail over any prior or contemporaneous, conflicting or additional, communications. Lowell Area Schools has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Lowell Area Schools.

INTELLECTUAL PROPERTY NOTICES
Elements of the tsrv.lowellschools.com are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the tsrv.lowellschools.com may be copied or retransmitted unless expressly permitted by Lowell Area Schools.

Lowell Area Schools
300 High Street
Lowell MI, 49331
Phone (616) 987-2500

LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Lowell Area Schools Superintendent's office at:
300 High Street
Lowell MI, 49331
Phone (616) 987-2500