Acceptance of the Agreement
TeacherNJ LLC owns and operates the services offered on ahogan.org and all associated chrome extensions and apps (“Genesis: Google Classroom”), their websites, as well as products and services which TeacherNJ provides or may provide in the future (collectively, the “Service”).
By using the Service you agree and consent to be legally bound by TeacherNJ LLC’s privacy policy and terms and conditions, which constitute our “Agreement” with you. When you register for an account or gain access and use any part of the Service, you acknowledge that you have read and consented to the terms of this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with TeacherNJ LLC, then that agreement governs your use of the Service. If a New Jersey school district (“District“) comes to an agreement with TeacherNJ LLC via contract or Purchase Order to purchase the Service, the district is required to adhere to a separate .
If you are entering into this Agreement on behalf of a business entity or institution, you must represent that you have the legal authority to duly bind that business to this Agreement; in which case the terms “you”, “your” or “Member” shall refer to that business entity or institution. If you do not have such authority, or should you disagree with some of the provisions herein, you can either leave the Service or contact us at andrew@ahogan.org. We strive to provide useful services for teachers and schools and we strive to update and improve those products; therefore, we welcome your communication and feedback.
Modification to the Agreement
We may modify this Agreement to reflect changes in the law or changes with regard to our Service. You should examine the Agreement on a regular basis to see whether it has been modified. We will post notices of modifications to this Agreement on this page. Changes will become effective when (a) you use the Service after you become aware about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons are effective immediately. Changes in the Agreement due to accepted Payment Agreements will become effective immediately on acceptance of the Payment Agreement by both parties. Your continued use of the Service, following notice of the changes to the Agreement, constitutes your acceptance of our amended terms and/or policies. If you do not agree to the modified Agreement, you must discontinue your use of the Service.
TeacherNJ LLC will not change how we handle student data (please see our privacy policy for details) under this Agreement without advance notice and consent from a School Official or Institution.
Accessing the Service, Security and Account Privacy
We provide our best efforts to keep the Service up and running 24/7, however we cannot guarantee it. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason if all or any part of the Service is unavailable at any time or for any period, nor for any data loss.
To access certain features of the Service you have the option of registering by entering your email and choosing a password as part of our security procedures. Alternatively, you can use the secure login provided through Google or Microsoft. In the case of Partnerships and District/Site Licenses, accounts may be created for you by us, your district, or school administrator.
In the case a Service includes a secure account, there is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password and that you log out from your account at the end of every session. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of TeacherNJ LLC. You represent, warrant and covenant all registration information you submit is truthful and accurate. You must treat such information as confidential, not disclosing it to any third party and only using the Service in person. As custom for internet services, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of the Agreement.
Your privacy is extremely important to us. We take care to limit what information we collect and how it may be used. We further strive to assist you in understanding our policies. Please read our Privacy Policy which explains how we treat personal information and protect privacy. By using our Service, you agree that TeacherNJ LLC can use such data according to the terms set forth within our Privacy Policy.
Intellectual Property Rights and Restrictions on Your Use Of Our Service
We do our best to keep the Service safe, but we cannot guarantee it. We need your help to keep the Service safe, which includes the following commitments by you when using our Service:You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations. You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers). You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else. You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality. You will not impersonate a TeacherNJ LLC employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity. You will not facilitate or encourage any violations of this Agreement or our policies.
Any violation of the above may be grounds for termination of your right to access or use the Service.
Payment Agreement
Services offered by TeacherNJ LLC may be purchased at any time to enable their use in New Jersey school districts.
If you (“the District“) are acting on behalf of a business entity or institution, and you accurately represent that you have the legal authority to duly bind that business to this Agreement, you may purchase the use of the Service by separate Purchase Order or written agreement between the bargaining party and TeacherNJ LLC at any time. Contact Andrew Hogan (andrew@ahogan.org) for information.
The Payment Agreement will be negotiated between TeacherNJ LLC and the District for the Service rendered.
Support, Continuation, and Termination for the Service by TeacherNJ LLC is contingent on terms set forth in the Payment Agreement between TeacherNJ LLC and the District.
Feedback & User Submitted Communication
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Service that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Service or other products or services.
The Service may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Your representations of Lawful User of our Service
You represent and agree that you will not use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render TeacherNJ LLC in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password, or (v) registering your account in a name of another person with the intent to impersonate that person. Additionally, you represent and warrant that you (i) possess all rights necessary to provide your User Submissions and grant TeacherNJ LLC the rights above and (ii) you are solely responsible for compliance with the applicable provisions of COPPA and FERPA when you engage in email correspondence, grant access, or provide User Submissions for bug resolution with TeacherNJ LLC.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TeacherNJ LLC and governs your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Support
We welcome any comment, question and communication at andrew@ahogan.org