TERMS OF SERVICE

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE MAKE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN.

TERMS: Welcome to GradeBookWizard.com. This service ("Service") is brought to you ("User") by Blue Pegasus LLC subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on our site at: http://www.gradebookwizard.com. Revisions to the TOS are effective upon posting and your continued use of the Service following the posting of a revision will indicate your acceptance of such revision.

We want this site to be beneficial to all Users. To protect your rights and ours, the TOS apply to all users of the Service. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. If you have any questions or concerns, you can contact us by email or regular mail. Our email address is support@gradebookwizard.com. Our mailing address is: Blue Pegasus LLC, 5318 Second Street, #316, Long Beach, CA 90803.

SERVICE: This Service provides Users with online access to school information such as assignments, student grades, and progress reports, as well as acting as a communications medium to facilitate interaction between teachers, students, and parents. The teacher determines the scope and nature of the information to make available to students and parents through the Service.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Blue Pegasus LLC assumes no responsibility for the timeliness, accuracy, deletion, misdirection, or failure to store information or personalization settings. You agree that you must evaluate and bear all risks associated with the use of this Service, including any reliance on the accuracy, completeness, or usefulness of any content provided.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

USER LICENSE: Subject to the Terms of Service, payment of a monthly or annual subscription fee grants Users a personal, non-exclusive, non-assignable, and non-transferable license to access this Service for personal and non-commercial use for a stated term. This license grants you a single-session right of access to the Service. Multiple concurrent sessions are not permitted. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Blue Pegasus LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Blue Pegasus LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Modifications of any materials found on this Service, or use of the materials for any purpose other than as part of this Service, is a violation of Blue Pegasus LLC's copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute any materials that are part of this Service unless specifically authorized in writing by Blue Pegasus LLC to do so.

PRIVACY: Blue Pegasus LLC is concerned about the safety and privacy of all Users of this service. Please read our Privacy Statement, which is part of the TOS and is available on our site at: http://www.gradebookwizard.com.

USER ACCOUNT: Access to some sections of this service is restricted to users holding a current, valid user account identification and password. You are responsible for maintaining the confidentiality of the password and account identification, and are fully responsible for all activities that occur under your password or account identification. You agree to (a) immediately notify Blue Pegasus LLC (at support@gradebookwizard.com) of any unauthorized use of your password or account identification or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Blue Pegasus LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

User accounts and passwords are personal and may not be shared or transferred by any User. If you are a student or parent, you have received your account identification and password from your teacher. Please ask your teacher for information regarding the expiration or termination of your account. Blue Pegasus LLC may terminate access to any User at any time for any reason without notice.

USER CONDUCT: You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Blue Pegasus LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Blue Pegasus LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Blue Pegasus LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

As a condition of your use of this Service, you warrant to Blue Pegasus LLC that you will not use this Service for any purpose that is unlawful or prohibited by the Terms of Service. You agree not to use this Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You agree not to obtain or attempt to obtain through this Service any materials or information not intentionally made available to you.

You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Blue Pegasus LLC official or employee; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

You acknowledge that Blue Pegasus LLC shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You acknowledge and agree that Blue Pegasus LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Blue Pegasus LLC, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

INDEMNITY: You agree to indemnify and hold Blue Pegasus LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

USE AND STORAGE LIMITATIONS: You acknowledge that Blue Pegasus LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum amount of Content that may be sent from or received by the Service, the maximum size of Content, the maximum disk space that will be allotted on Blue Pegasus LLC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Blue Pegasus LLC has no responsibility or liability for the deletion or failure to store any Content and other communications or other Content maintained or transmitted by the Service. You acknowledge that Blue Pegasus LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Blue Pegasus LLC reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.

MODIFICATIONS: Blue Pegasus LLC reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. You agree that Blue Pegasus LLC will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

TERMINATION: Blue Pegasus LLC reserves the right to terminate your account identification and password and your use of the Service for any reason, including your failure to pay your subscription fee within 30 days of its due date, or if Blue Pegasus LLC believes that you have violated or acted inconsistently with the TOS, including, without limitation, the Privacy Statement. You agree that any termination of your access to the Service under any provision of this TOS may be effected with or without prior notice, and acknowledge and agree that Blue Pegasus LLC may immediately deactivate or delete your account identification and all related information and files under your account identification and/or bar any further access to the Service. Further, you agree that Blue Pegasus LLC will not be liable to you or any third party for any termination of your access to the Service. You may choose to terminate your account at any time. If you are on an annual subscription plan, your account will be pro-rated at the corresponding monthly rate from your last payment date to the date of termination. And any excess monies will be refunded to you. If you are on a monthly plan, your subscription will terminate at the end of your current billing month. There shall be no refunds for amounts corresponding to less than the cost of a monthly subscription. You agree that Blue Pegasus LLC will not be liable to you or any third party for any consequences resulting from your termination of your access to the Service.

LINKS: Teachers may, at their sole option, provide links to other websites or resources to be utilized by students. Because Blue Pegasus LLC does not control such websites and resources, you acknowledge and agree that Blue Pegasus LLC is not responsible or liable for the content, products or performance of such external websites and resources, and you hereby irrevocably waive any claim against Blue Pegasus LLC with respect to such websites and resources. Blue Pegasus LLC reserves the right to terminate any link at any time without notice. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Blue Pegasus LLC of that website or resource, or any products or services provided therein.

PROPRIETARY RIGHTS: You agree that the Service and its supporting software ("Software") are the proprietary property of Blue Pegasus LLC, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Blue Pegasus LLC is strictly prohibited.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Blue Pegasus LLC for use in accessing the Service

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Blue Pegasus LLC.

DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUE PEGASUS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BLUE PEGASUS LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, OR ANY MATERIAL ENTERED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; BLUE PEGASUS LLC SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS OR CORRUPTION OF DATA UPLOADED OR ENTERED BY YOU THROUGH THE USE OF THE SERVICE, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT MAY RESULT FROM THE USE OF THE SERVICE. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE PEGASUS LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE PEGASUS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE PEGASUS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SUBMISSIONS: Blue Pegasus LLC welcomes suggestions and comments regarding the Service from Users. Any comments or suggestions submitted to the Service or Blue Pegasus LLC, either online or offline, become the property of Blue Pegasus LLC upon their submission.

TRADEMARK INFORMATION: Blue Pegasus, the Blue Pegasus logo, GradeBookWizard.com, and the GradeBookWizard.com/Blue Pegasus logo and product are trademarks of Blue Pegasus LLC and may not be used without prior written consent.

GENERAL INFORMATION: The TOS constitute the entire agreement between you and Blue Pegasus LLC and govern your use of the Service, superceding any prior agreements between you and Blue Pegasus LLC. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Blue Pegasus LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Blue Pegasus LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Blue Pegasus LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

COPYRIGHTS: Blue Pegasus LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please let us know. Please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Send this to: Copyright Agent Blue Pegasus LLC, 5318 Second Street, #316, Long Beach, CA 90803.

VIOLATIONS: Please report any violations of the TOS to support@gradebookwizard.com.

BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING THIS SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE (INCLUDING ANY PART OF THE PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT OR PARENT AND HAVE BEEN GIVEN AN ACCOUNT IDENTIFICATION AND PASSWORD BY YOUR TEACHER TO ACCESS THE SERVICE, YOU SHOULD INFORM YOUR TEACHER OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND PASSWORD TO YOUR TEACHER. BY CLICKING THE "I AGREE" BUTTON OR BY SIMPLY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF SERVICE AND ALL OTHER APPLICABLE LAWS AND REGULATIONS.