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Terms of Use

Montgomery County Public Schools, a system of public schools operated by the Board of Education of Montgomery County (“MCPS”), and its schools and offices (collectively “we,” “our,” or “us”) maintain publicly accessible websites and online services (“the Sites”) in order to inform and engage our community about our joint mission to provide a quality education to all children. We use these websites and online services to share information about our educational services and resources and to enhance communication between MCPS and the community.

We know that many of our parents, students, educators, and citizens rely on the Sites as an important resource, so we take precautions to administer the Sites effectively, efficiently, and reliably. Therefore, your access to and use of the Sites is subject to all applicable laws and the following Terms of Use, 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 these 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 terms, guidelines, or rules applicable that page or feature that may be posted from time to time. All such terms, guidelines, or rules are hereby incorporated by reference into these Terms of Use, except to the extent that they conflict with these Terms of Use, in which case these Terms of Use apply. As long as you comply with these Terms of Use and all other applicable MCPS policies and regulations, including in particular MCPS Regulation KBA-RA, Educational Purposes and Administration of the MCPS Website, and MCPS Regulation IGT-RA, User Responsibilities for Computer Systems, Electronic Information, and Network Security. MCPS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

Description of Service

The Sites provide a rich collection of online resources about MCPS and its schools and offices for convenience, information, and educational use. We strive to keep the Sites up to date with the latest information about MCPS activities and programs and to provide an accessible portal for parents, students, educators, and citizens to interact with us by providing, for example, various communications, government records, administrative services, personalized content, school forms, and branded programming. A full description of our guidelines for administering the Sites is available in MCPS Regulation KBA-RA, Educational Purposes and Administration of the MCPS Website, available at: www.montgomeryschoolsmd.org/departments/policy/pdf/kbarb.pdf, and MCPS Regulation IGT-RA, User Responsibilities for Computer Systems, Electronic Information, and Network Security, available at: www.montgomeryschoolsmd.org/departments/policy/pdf/igtra.pdf.

Your Registration Obligations

If you register for any portion of the Sites through which we interact with and provide services to you, it is important for us to have accurate records about our interactions. Therefore, 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.

Account Password and Security

Certain areas of the Sites will allow you to register for or create an account through which you will choose or receive an account username and password. 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.

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.

Content

We invest time and effort into publishing information and other content on the Sites that furthers our educational mission and provides important information to our community. As we explain below, we’re happy to let you access and use this content under most circumstances, but in this section, you agree to certain limitations that are designed to prevent you from using the content for unauthorized purposes.

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 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 the 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 the Sites, including but not limited to through the 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 on our Sites, except as expressly permitted by MCPS.

User-Provided Content

We welcome your ideas and content, which we often use (and retain the right to use) to improve our Sites or educational services. But we want our Sites to be an enriching environment for parents, students, educators, and citizens, so we ask that you be responsible about the information you post on our Sites, and we reserve the right to limit that information consistent with our educational mission and these Terms of Use.

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.

Links

We recognize that there are many valuable educational resources available on the internet, and we want you to have access to as many of them as possible. Unfortunately, we can’t guarantee the accuracy of all the resources we link to, and so we cannot be held responsible for their content.

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.

Legal Notice

If you’d like to make a legal claim, please don’t use these Sites to do so. Communications made through the Sites shall in no way be deemed to constitute legal notice to the Board of Education of Montgomery County, which operates 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. 

Software Available on the Sites

The Sites may contain software programs that are provided for your use and convenience. Though you should feel free to make use of all the tools provided, please remember to read and comply with any agreements that accompany the software.

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.

Disclaimer of Warranties

Because the Sites are free of charge, we provide them “as is” and “as available.”

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 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 CONTENT MADE AVAILABLE ON THE SITES WILL REMAIN ON THE SITES, OR THAT WE WILL NOT UPDATE OR REMOVE ANY SUCH CONTENT; 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.

Limitation of Liability

Because the Sites are provided “as is” and “as available,” we do not expect to be held liable for damages if something goes wrong.

UNDER NO CIRCUMSTANCES SHALL the Board of Education of Montgomery County, which operates 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.

Indemnification

If your actions cause us or anyone else harm, we ask that you take responsibility. You agree to defend, indemnify, and hold the Board of Education of Montgomery County, which operates MCPS, and its 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. Nothing herein shall be construed to abrogate, impair, or waive any defense, liability or damages limitation, or governmental immunity of the Board of Education of Montgomery County, which operates MCPS, and its respective employees, contractors, agents, officers, and directors, pursuant to Maryland law, or otherwise. 

Modification, Suspension, or Termination of Access

From time to time, we may need to prevent certain visitors from accessing our Sites if we need to do so to protect or to make changes to the Sites. When we do, our guiding principle is to improve the quality of the Sites for everyone in the community.

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.

Equitable Relief

We do everything in our power to ensure the safety of our community. When we or someone in our community is harmed, we’ll seek the quickest and most effective form of relief possible.

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.

Severability

We want to make sure that if we cannot enforce one of the provisions of these Terms of Use, the other terms will apply.

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.

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.

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.

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.

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.

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 April 20, 2017.

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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