IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE READ THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN.
Agreement with Terms of Service:
This agreement ("Agreement") sets forth the terms and conditions that apply to you ("User", "Instructor", "Student", "School", "Content Provider", "Software Developer", or "Parent") to access JupiterEd.com ("Web App") by Jupiter Ed, Inc. By using the Web App, you agree to the following Terms of Service.
DISCLAIMERS AND LIMITATION OF LIABILITY:
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE AT TIMES FOR MAINTENANCE AND UPGRADES WITHOUT NOTICE. JUPITER MAY CHANGE OR DISCONTINUE ANY ASPECT OF THE WEBSITE WITHOUT NOTICE, INCLUDING BUT NOT LIMITED TO FEATURES AND BROWSER REQUIREMENTS. JUPITER MAY CHANGE FEES; SUCH CHANGES ARE EFFECTIVE IMMEDIATELY UPON NOTICE. BY USING THE WEBSITE, YOU EXPRESSLY AGREE HEREIN THAT JUPITER SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM USE OF THE WEBSITE, INACCURACIES, LOSS OR CORRUPTION OF DATA, UNAUTHORIZED ACCESS, UNAVAILABILITY, INACCESSIBILITY, OR CHANGES TO THE WEBSITE, AND THAT JUPITER SHALL NOT BE LIABLE FOR ANY CONTENT OR LINKS POSTED OR EMAILED BY YOURSELF OR OTHER USERS.
You may not use the Web App for any unlawful activities. You agree to use the Web App only for its stated purpose. You agree not to intentionally damage or overburden the Web App.
Publishing Educational Content:
You agree that any content you publish within the Web App must be appropriate for education (K-12, college, or professional), and that You are the legal copyright holder or You have express permission from the copyright holder for any content that You publish. Jupiter may block or delete any content deemed inappropriate or in violation of copyright laws.
Proprietary Rights, Copyrights & Trademarks:
You agree not to duplicate, modify, or reverse engineer any portion of the Web App. "Jupiter Ed", "Jupiter LMS", "Jupiter SIS", "Jupiter Grades", "Jupiter iO", "Jupiter One", and the corresponding logos are trademarks of Jupiter Ed, Inc.
Family Educational Rights & Privacy Act (FERPA):
U.S. Federal law requires certain student information to be kept private. Jupiter is fully compliant with all requirements of FERPA under the "school official" exception (CFR)§99.31(a)(1), because your data is in your direct control and ownership, and used only for legitimate educational interests and functions that the School's own employees normally perform. FERPA does not require parental consent for such use. Jupiter does not and shall not share any personally identifiable information (PII) with any third party, or use it for non-educational purposes (spam, targeted ads), except when a School or Instructor initiates or enables their own student data (directory information) to be sent to a third party to integrate with other applications. Jupiter has several security features
for more details.
Children's Online Privacy Protection Act (COPPA):
Schools or Instructors may optionally use the Web App to collect personal information from Students, such as email addresses and phone numbers. U.S. Federal law requires that Schools or Instructors obtain parents' consent before collecting personal information online from Students under the age of 13. (This law does not apply to student information entered by Schools or Instructors; it applies only when the Student enters their own information online.) You agree that Jupiter shall not be liable for how Schools or Instructors collect and use Students' personal information.
European General Data Protection Regulation (GDPR):
This law applies only to the European Union. While Jupiter complies with best practices for privacy
and data protection, it does not comply with all logistic provisions of the GDPR. You agree that Jupiter shall not be liable for how Schools or Instructors collect and use personal data.
Health Insurance Portability and Accountability Act (HIPAA):
Student health records that are posted to Jupiter are protected under FERPA as education records. HIPAA Privacy Rule at 45 CFR § 160.103 states "Protected health information excludes individually identifiable health information: (i) In education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g".
Users may opt-in to receive text message alerts for grades, absences, messages, etc. Message and data rates may apply. Jupiter is not liable for users entering incorrect phone numbers. Wireless carriers are not liable for lost or undelivered text messages. Reply STOP to 26396 to stop receiving text messages, or login and view your account settings to change the types of alerts.
Payment of a license fee grants you a non-exclusive, non-assignable license to access the Web App. You must keep your password confidential.
All sales are final. Please use the free trial period to try the Web App before making a purchase.
Your access to the Web App may be terminated if you violate the Terms of Service, allow your account to expire, or fail to pay for your license. Your access may be terminated if there is reason to believe you provided false personal information or are posing as someone else.
Restricted Access & Data Storage:
Your data may be deleted after your account expires and you do not login for 120 days. It is your responsibility to keep your own archival records (such as printouts or exported data files). If your data exceeds storage limitations you may be asked to delete some of it, or Jupiter may delete some of it with advance notice. Jupiter may delete any data that violates the Terms of Service. Your access may be limited or denied if you exceed bandwidth limitations.
Comments & Submissions:
Jupiter welcomes comments and suggestions. Anything you submit or communicate to Jupiter becomes the property of Jupiter and may be quoted and published unless you explicitly request otherwise in advance.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any cause of action of any nature arising out this Agreement shall be brought in Santa Mateo County.