Terms & Conditions
This Website is a portal for our registered users to access the SIBS® suite of online tools and related content (the "Features") for making confident, defendable student support decisions by (1) Observing student behavior with a high degree of objectivity; (2) Converting data to a visual representation of student behavior; (3) Analyzing results to determine the appropriate level of need; and (4) Creating an Intervention Action Plan that allocates resources effectively.
Use of the Features is strictly limited to registered users for the purposes described above, and is subject to the pricing plan found here. You must use each tool and component of the Features as further specified on the pages for each tool. Your access to and use of the Features may be suspended or terminated if you misuse them, fail to pay for them, or otherwise violate these terms. Unless otherwise noted, the Features of this Website, including our software, code, text, manuals, handouts, training documents, research data, images, illustrations, designs and other materials, are owned or licensed exclusively by Winsor Learning, Inc. ("Winsor Learning" or "we"). No right, title or interest in any of the Features found on this site is transferred to you as a result of accessing or using them. All intellectual property rights in the Features of this Website, including copyright, patent, trademark and trade dress rights, are expressly reserved by Winsor Learning.
USER DATA AND INPUT
Any data, including student information, that you upload to this Website, or authorize us to access, belongs to you or your students ("User Data"). You represent and warrant to us that you have the rights in that User Data and that your provision of it to us, and the use of it in connection with this Website, does not infringe the rights of anyone, including your students, their families and guardians, or contain any computer viruses or other harmful files. You grant us a royalty-free, worldwide, sublicensable, transferable and irrevocable, license to use User Data in connection with the Features of this Website. You also agree that any comments, questions, suggestions, ideas, concepts and feedback you send us will be treated as non-confidential and non-proprietary.
LINKS TO OTHER WEB SITES AND SERVICES
Our Website may provide access to and contain links to other websites and services that we do not own or control. We have no responsibility for these sites or services, nor does linking to or accessing them necessarily constitute an affiliation, recommendation or endorsement.
We care about the security of your data. All of the data handled by the Features of this Website is secured with a 256-bit SSL certificate. All users of this Website are prohibited from violating or attempting to violate the security of this site, or attempting to use the Website to gain unauthorized access to any other computer system or data. Such violations may result in civil or criminal liability. We may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
This Website and the Features are provided "AS IS" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We make no guarantee that the Features will be uninterrupted or error-free, or that the servers making Features available will be free of viruses or other harmful components. We make no warranty or representation regarding the results that may be obtained from the use of this Website or the Features, or the services and content acquired pursuant to the use of this Website. You agree that your use of this Website and the Features is at your own risk, and we are not liable for any damages of any kind related to your use of this site.
You agree to defend, indemnify and hold Winsor Learning, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of this Website, its content, its Features, or your violation of these terms.
In the event of any claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of these terms, we agree first to communicate by in writing to the contact address used in connection with this Website, and describe the facts and circumstances, and allow the recipient at least thirty days to respond or settle the dispute prior to taking any other form of action, including legal action.
CHOICE OF LAW
These terms shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under these terms shall be resolved exclusively by the Minnesota state or federal courts located in Hennepin County. No modification or waiver of these terms shall be enforceable unless in writing signed by us. These terms are severable, and if anyone is deemed unenforceable, all other terms shall remain in full force and effect. These terms constitute the entire agreement between us relating to your use of the Website.
CHANGES TO THESE TERMS