Tennessee Schools Reporting Services LLC

Effective as of 10/05/2020

Welcome to the Tennessee Schools Reporting Services LLC Terms of Use Agreement for FundMax by TennSRS. For purposes of this agreement, “Service” refers to the Company’s services accessed via secure shared cloud storage (SSCS), which can be accessed only by the User and the Company in a method agreed upon by the User and the Company, through which Users can get information to maximize BEP funding acquisition. The terms “we,” “us,” and “our” refer to the Company. “You” and “your” refers to you as a user of our Service. 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

ABOUT THE SERVICE

The Service allows you to post (upload) two comma-separated value (CSV) files with ADM information to a unique SSCS and view the results after the Service processes the data. The Service

  1. Uses ADM information exported or outputted in the form of a CSV file from your student information system (SIS) to produce a list of students who are missing ADM and BEP funding, and
  2. Compares your ADM to state ADM using information downloaded from the state system (Orion/EIS) in the form of a CSV file and produces a list of students who are missing ADM and BEP funding. 

The Service delivers the two lists in spreadsheet format (the Product) showing students who are losing funding either because of data entry errors in the SIS or because of errors in transmitting SIS data to the state system (Orion/EIS).

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

To use the Service, you must be a Tennessee public school system employee who is authorized by the school system’s leadership to view, download, and share the data needed to use the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your member name, password, or account.

USE RESTRICTIONS

Your permission to use the Service is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will:

·    post only CSV files formatted in the way prescribed by the Company (instructions are here);

·    notify the Company immediately when the Service does not process your files within 10 minutes. (NOTE — time for processing will depend on the number of students in your system and the number of Users accessing the Service, but it usually processes and returns a report within three to five minutes).

You agree that you will not under any circumstances:

·    hold the Company responsible for failure on the part of SSCS or internet service providers;

·    attempt to duplicate or reverse engineer the Product; 

·    access the Service for any reason other than school system business related to BEP funding acquisition as permitted by the standard functionality of the Service;

·    collect or harvest any personal data of any user of the Service; 

·    use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;

·    distribute any part or parts of the Site or the Service without our explicit written permission ;

·    use the Service for any unlawful purpose or for the promotion of illegal activities;

·    use another user’s account without permission;

·    intentionally allow another user to access your account; 

·    provide false or inaccurate information when registering an account;

·    interfere or attempt to interfere with the proper functioning of the Service;

·    circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 

·    post malicious content of any sort, including content intended to damage or disrupt the Company’s or another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you will provide your name, a valid school system email address, your school system’s name, and information about ADM and BEP funding acquisition (for comparison purposes). You are solely responsible for the User Content that you submit when registering and for the files you post to the SCF Service. 

 You agree that we are providing the Service solely to maximize your BEP funding acquisition. The Company, however, reserves the right to remove any User from the Service at its sole discretion if the User has

  1. Reached the end of a trial period,
  2. Reached the end of a contract period, 
  3. Has violated the terms of a contract between the User and the Company, or
  4. Has not paid for the Service subscription as required by a separate legal agreement between the User and the Company.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User posting. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any files while using the Service, you agree as follows:

·    You are solely responsible for your account and the activity that occurs while you are signed in to or are using your account;

·    You will only post files like those described in instructions for the use of the Service (see directions here) or which the Company requests that you provide for the facilitation of the Service (for example, a CSV file containing a list of non-member students who drop in for services);

·    You retain all ownership rights to your files but are required to grant the following rights to the Company: the Company may use your name and school system name for educational and promotional purposes;

·    You hereby agree that we have the right 

  1. To determine whether your User posts are appropriate and comply with these Terms of Service, 
  2. Remove any or all of your submissions, and 
  3. Terminate your account with or without prior notice.

You understand and agree that to the extent allowed by law, any liability, loss, or damage that occurs as a result of the Service’s use is solely your responsibility. The Company is not responsible for any public display or misuse of your files.

ONLINE CONTENT DISCLAIMER

The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of misuse of our Service or violation of these Terms of Use, please contact us at Info@TennSRS.com. You may also contact us by calling 615.887.3818.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

PRIVACY

For purposes of explaining, promoting, and marketing of the Company’s business, the Company may publish non-confidential data such as your district information, your primary user name(s) and position(s), and other information related to the Company’s business including non-confidential information sent by you through email. Such information may be published on the Company’s website, radio, television, newspapers, magazines, in emails to potential clients, or through other means. The Company may give you advance notice of such publication but is not required to do so by this agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Service or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Service and special offers. You may opt out of such email by using the “Unsubscribe” link in messages sent through Constant Contact or another mass-messaging system, by sending an email to Info@TennSRS.com, or by sending mail to the following postal address:

TennSRS Customer Support
206 Skyline Circle #1144
Dickson, TN 37056

Opting out may prevent you from receiving messages regarding the Service or special offers.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” FOR THE INTENDED PURPOSE OF FACILITATING BEP FUNDING ACQUISITION. THE ACCURACY OF SERVICE RESULTS DEPENDS ON THE ACCURACY OF DATA ENTRY INTO YOUR SIS.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: 

  1.  YOUR USE OR INABILITY TO USE THE SERVICE;  
  2. THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR 
  3. ANY OTHER INTERACTIONS WITH US, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of Tennessee, without regard to conflict of law provisions.

You may not assign or delegate any rights or obligations under the Terms of Service without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH ANY LEGAL CONTRACT YOU MAY ENTER INTO WITH THE COMPANY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.