Use Statement

PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS OF USE BELOW.

  1. ACCEPTANCE OF TERMS
    1. Welcome to the Cabinet Report/ESEA Insider (the "Site"). This Subscriber Agreement and Terms of Use (the “Terms of Service”) govern your use of the Site.  By using the Site, you agree to abide by all terms and conditions of these Terms of Service between you and School Innovations & Achievement (“SI&A”, “us”, or “we”). In addition, by subscribing to the Site, the District agrees to abide by all terms and conditions between the District and SI&A.
    2. We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site, and by continuing to use this Site you agree to any changes.
    3. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: helpdesk@sia-us.com (SEE SECTION 4 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
    4. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
  2. SUBSCRIPTION
    1. Use of the Site is granted, via periodic license and service subscriptions, by SI&A to individual school districts (“District”) as a whole. Subscription service is fee based, and varies depending upon number of active sub-accounts (“Authorized Users”). Both SI&A and District maintain right to remove/revoke access of Authorized Users, and, for additional fee, the District maintains the right to add additional Authorized Users.
    2. Subscriptions run one (1) year in length, and entire fee is payable in one lump-sum annually. SI&A shall invoice District thirty (30) days prior to expiration to allow for payment. All invoices are due upon receipt. Failure to maintain an active subscription will result in termination of access for account and all related Authorized Users. District shall pay all applicable taxes relating to use of the Services.
  3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
    1. By using this Site you hereby agree that you are an Authorized User and are obligated to comply with all of the requirements of an Authorized User. As an Authorized User, you are bound by the terms and conditions of the AGREEMENT. You hereby acknowledge and agree that only the District's Authorized Users shall gain access to the Site via the Internet through the Authorized User's "Personal User Login" and "Password". "Personal User Login" shall mean the identification code given to the District's Authorized Users. "Password" shall mean the unique password provided by SI&A to the District's Authorized Users to enable access to the Site. You are responsible for maintaining the confidentiality of the Password and Account and are fully responsible for all activities that occur under your Password and/or Account. You shall be solely responsible to immediately notify the District of the loss or theft of a Password so that the District may notify SI&A as required by the AGREEMENT.
  4. TERMINATION OF USE
    1. Your use of this Site is contingent upon your District having a current subscription with SI&A. Upon termination of the subscription, you shall no longer be an Authorized User and your use of the Site shall cease immediately. SI&A may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms of Service.
    2. The District may terminate its subscription at any time, with or without cause, by delivering written notice of termination to SI&A. District and acknowledges that such termination will result in loss of access by all accounts and Authorized Users on date designated by District. Annual subscription is considered fully earned, and early termination by District will not result in proration or refund of any amounts invoiced or paid.
  5. WARRANTY DISCLAIMER
    1. THIS SITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THIS SITE, INCLUDING ANY SOFTWARE MADE AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ASSOCIATED MATERIALS, ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SI&A DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SI&A, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  6. LIMITATION OF LIABILITY
    1. IN NO EVENT WILL SI&A BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGE OR LOSS, WHETHER IN AN ACTION OF CONTRACT OR FOR, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ASSOCIATED MATERIALS, USE OF THIS SITE, OR USE OF ANY OTHER WEB SITE LINKED TO THIS SITE, EVEN IF SI&A IS AWARE OF, OR HAS REASON TO KNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  7. INDEMNIFICATION AND RELEASE
    1. You agree to indemnify, defend and hold harmless SI&A from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, including, but not limited to, attorneys' fees and costs, caused in whole or in part by your use of or access to the Site and/or materials.
  8. PROPRIETARY RIGHTS IN THE SITE /NONDISCLOSURE
    1. You hereby acknowledge and agree that the Site and all associated materials are the sole property of SI&A. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Site or associated materials available to any third party other than an Authorized User. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or associated materials. Except as expressly stated herein, no part of SIA Categorical Connection applications or associated 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, or recording. You shall not disclose any review of the Site, including but not limited to the results of any performance tests, to any third party without SI&A's prior written approval. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Site and all associated materials. You acknowledge and agree that SI&A shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Site and all associated materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by the District or any other party relating to the Site or associated materials.
  9. SITE MAINTENANCE
    1. You understand and agree that maintenance may be required from time to time, and SI&A will endeavor to provide prior notice of such maintenance by posting notice on the home page of the Site(See WARRANTY DISCLAIMER for further information on interruption of service). In addition, it is also understood that no notice shall be provided to the District in the event emergency maintenance is required.
  10. SI&A PRIVACY POLICY
    1. SI&A may need to review or monitor District’s use of the Site from time to time and SI&A reserves the right to copy and distribute to third parties any information associated with District’s use of the Site. District hereby acknowledges that it has no right to privacy regarding its use of the Site. District authorizes SI&A to use, store or otherwise process any personal information which relates to and/or identifies District and/or District’s employees or agents, including, but not limited to, District’s name and address or the names and addresses of District’s employees and agents, to the extent reasonably necessary to provide access to the Site.
    2. SI&A reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.
    3. SI&A may contact you via e-mail regarding your participation in user surveys, asking for feedback on current services or prospective products and services. This information will be used to improve the Site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
  11. GENERAL TERMS AND CONDITIONS
    1. These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Sacramento.
    2. Correspondence should be sent to helpdesk@sia-us.com.
    3. You agree to report any copyright violations of the Terms of Service to SI&A as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site, please notify helpdesk@sia-us.com.