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Terms of Use

Your access to and use of the websites of Montgomery County Public Schools ("MCPS") and its schools and offices (collectively "we," "our," or "us") that link to these Terms of Use (collectively, the "Sites") is subject to all applicable laws and the following terms and conditions, which we may update from time to time as described below.

In consideration of your use of the Sites, you acknowledge that you have read and understand the Terms of Use and that you agree to be bound by them. In addition, when visiting any particular page or feature of the Sites, you will be subject to any guidelines or rules applicable that page or feature that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. As long as you comply with these Terms of Use, MCPS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

  1. Description of Service

    The Sites provide users with access to a rich collection of online resources, including various communications, government records, online information, administrative services, personalized content, and branded programming. We maintain the Sites for your personal use, information, education, and communication.

  2. Your Registration Obligations

    If you register for any portion of the Sites, you agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by the Sites’ various forms ("Registration Data") and (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By using the Sites, you agree to provide us with information if requested that is true, accurate, current, and complete.

  3. Account Password and Security

    You will receive a password and account designation upon completing any registration process on the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Section.

  4. Privacy

    You agree to the collection and use of your information by the Sites as described in the MCPS Website Privacy Statement ("Privacy Statement"). To view the Privacy Statement, click here.

  5. Content

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and documents (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Sites are owned, controlled or licensed by or to us. Elements of government websites are protected may be protected by copyright, trademark, trade dress, and other intellectual property rights.

    Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for any commercial enterprise, without MCPS’s express prior written consent. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe rights of third parties.

    We hereby grant permission to use documents from the Sites (such as enrollment forms, activity forms, academic resources, employment documents, data sheets, and frequently asked questions), provided that (1) the entire copyright notice at the bottom of this page appears in all copies, (2) use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made except where expressly allowed. The "documents" subject to this paragraph do not include the design or layout of the Sites.

    MCPS makes a variety of datasets available for download through its Open Data website, data.montgomeryschoolsmd.org. We hereby grant permission to re-publish any data or documents supplied by the Open Data website, or to incorporate any data from the Open Data into studies, research, or reports, subject to the condition that if you re-publish any of these data or documents, in whole or in part, you must conspicuously include the following disclaimer in the same location (e.g. on the same webpage, in a report footnote) as the data or documents:

    "The data made available here has been modified for use from its original source, which is Montgomery County, Maryland Public Schools ("MCPS"). MCPS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY DATA. MCPS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCPS MAKES NO REPRESENTATION OR WARRANTY AS TO THE WEBSITE OR APPLICATION USING DATA DRAWN FROM DATA.MONTGOMERYSCHOOLSMD.ORG OR FOR THE USEFULNESS OR INTEGRITY OF THE WEBSITE OR APPLICATION. The data is subject to change and possible deletion, temporarily or permanently. It is understood that the data is being used at one's own risk."

    You are prohibited from using any robot, spider, or other automatic or manual process to collect, mine, monitor, or copy any of the Content, except as expressly permitted by MCPS.

  6. User-Provided Content

    Any communication or material you transmit to the Sites by electronic mail or otherwise, including any data, questions, comments, suggestions or the like ("User-Provided Content") is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting anything to us or the Sites, you grant us an irrevocable, perpetual, worldwide, royalty-free nonexclusive and sub-licensable right and license to reproduce, modify, adapt and publish such materials, in whole or in part for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting in any media now known or later developed. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information.

    You, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Sites. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Through your usage of the Sites, you may submit and/or we may gather certain limited information about you and your website usage. We may use such information to improve your Internet experience, subject to the Privacy Statement.

    You are prohibited from posting to the Sites:

    • Any material that does not address the posted topic of a forum discussion;
    • Unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material;
    • "Junk mail," "spam", "chain letters," "pyramid schemes," any other form of solicitation or advertisement for commercial products or services;
    • Software viruses;
    • Any material that infringes on copyrights or trademarks; and
    • Any material that we deem inappropriate for the Sites.

    You acknowledge that we are not responsible for policing or monitoring any User-Provided Content posted on the Sites, but that we have the right to remove any content that violates the Terms of Use or is otherwise objectionable, in our sole determination. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone who posts User-Provided Content to the Sites.

  7. Links

    The Sites may provide links to third-party websites or informational resources developed by other agencies, organizations, or individuals. We cannot guarantee the relevance, completeness, accuracy, timeliness, legality, copyright compliance, decency, or any other aspect of such websites or resources or the content displayed on or through them. We do not endorse any non-MCPS or non-school websites, resources, products, services, or viewpoints. We are not responsible for any materials stored on other non-MCPS or non-school websites. We disclaim all liability with respect to such linked websites. By clicking on links to such websites or resources, you assume the risk of injury or damage from viewing, hearing, downloading, or storing such materials.

    You do not need advance permission to link to any of the Sites. However, by virtue of creating a link to the Sites, you agree to the following:

    • You must not represent Content as originated by you, if it was not;
    • You must not imply that we are endorsing the website or service containing the link or its products, services, or website content;
    • You must not misrepresent your or an entity’s relationship or a person’s relationship with us;
    • You must not present false information about our services; and
    • You must not use the MCPS logo or seal, or any school logo or seal, to indicate that you are acting in an official capacity on behalf of MCPS or the school unless you have the authority to act in an official capacity on behalf of MCPS or the school.
     
  8. Legal Notice

    Communications made through the Sites shall in no way be deemed to constitute legal notice to MCPS or any of its schools, offices, officers, employees, agents, or representatives with respect to any existing or potential claim or cause of action, or where notice is otherwise required by any federal, state, or local law, rule, or regulation.

  9. Software Available on the Sites

    Any software that is made available to download from the Sites is the property of us or our third-party vendors. Use of this software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("license agreement"). An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to any applicable license agreement terms. Any software is made available for downloading solely for use by end users according to any applicable license agreement. Without limiting the foregoing, copying or reproduction of software to any other server or location for further reproduction or redistribution not in accordance with the license agreement is expressly prohibited. Software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, we hereby disclaim all warranties and conditions with regard to the software in accordance with the next paragraph.

  10. Disclaimer of Warranties

    THE SITES AND ALL MATERIALS, DATA, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITES AND ALL MATERIALS, DATA, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR SCHOOLS AND OFFICES DO NOT WARRANT THAT THE MATERIALS, DATA, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, COMPLETE, CORRECT, OR TIMELY; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

    The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, downloading of Content, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use of data, whether for breach of contract, tort, negligence or any other cause of action.

  11. Limitation of Liability

    UNDER NO CIRCUMSTANCES SHALL MCPS OR ITS SCHOOLS, OFFICES, SERVICE PROVIDERS, EXECUTIVES, OFFICERS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  12. Indemnification

    You agree to defend, indemnify, and hold us and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Sites, your use of any Content, your violation of these Terms of Use, your misuse of the Sites, or your violation of any third-party rights.

  13. Modification, Suspension, or Termination of Access

    We reserve the right to modify, suspend, or terminate operation of or your access to any of the Sites, or any portion of the Sites, and to remove and discard any User-Provided Content, without prior notice and for any reason, including, but not limited to, when: (1) we determine that, in our sole discretion, you have violated or acted inconsistently with the letter or spirit of these Terms of Use, (2) we have been requested to terminate your access by law enforcement or other government agencies, (3) you have requested us to do so (i.e. self-initiated account deletions), (4) we discontinue or modify the Sites or any service offered on or through the Sites, or (5) we perform routine or non-routine maintenance, or respond to technical issues.

    If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Sites for any reason described in the section.

  14. Equitable Relief

    You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies. These remedies are in addition to any other remedies we may have at law or in equity.

  15. Severability

    If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

  16. Modifications to Terms of Use

    You should review these Terms of Use regularly as they may change. Your continued use of the Sites following the posting of changes to the Terms of Use constitutes acceptance of those changes. Modifications will be posted on the Sites and the "date of last revision" date at the bottom of this page will be revised. In addition, for material changes to these Terms of Use, as determined in our sole discretion, we will include a notice on the Sites that directs users to a copy of the latest Terms of Use and/or send a communication to users for whom we have contact information notifying them of changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Sites.

  17. Waiver

    Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such provision.

  18. Entire Agreement

    These Terms of Use constitute the entire agreement between you and us regarding use of the Sites, superseding any prior agreement between you and us, unless the Sites incorporate additional terms of use that may be presented to you when you use specific services, third-party content, or third-party software available through the Sites, in which case you will be subject to those terms as well. In the event of a conflict between these Terms of Use and any terms of use posted directly on the Sites for a particular product or service, those Terms of Use shall control for purposes of the particular product or service.

  19. Choice of Law and Venue

    These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state courts located within the Montgomery County, Maryland, and federal courts within the State of Maryland, for any disputes or matters arising out of your use of the Sites.

  20. Contact Us

    If you have any questions about these Terms of Use, MCPS, our schools, or our offices, or if you would like to register a complaint or notify us of inaccurate or misleading information on the Sites, please feel free to contact us at webmaster@mcpsmd.org or at:

    Public Information & Web Services
    Room 112
    850 Hungerford Dr.
    Rockville MD, 20850

These Terms of Use were last updated on February 13, 2015.

Montgomery County Public Schools

Contact MCPS

Call: 301-309-6277 | Spanish Hotline: 301-230-3073
E-mail: ASKMCPS@mcpsmd.org

Contact Employee & Retiree Services Center

Call: 301-517-8100 | E-mail: ersc@mcpsmd.org

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