Terms of Use
We at the National Infrastructure Institute (NI2) and our affiliated organization, the National Infrastructure Institute Center for Infrastructure Expertise (NI2-CIE) welcome you to the project website of the SMART School ToolTM (smartschooltool.org). This website is best viewed using a contemporary browser.
Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of the Terms of Use and Privacy Policy posted on this website. You must acknowledge your agreement to these terms by checking a box when you register. If you do not agree to the terms, you will not be allowed to use this site.
We suggest you print a copy of each of these documents for your records.
NI2 shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at our website.
Disclaimer
This website is for informational purposes only and is not intended to provide specific commercial, decision making, or legal advice. It is provided to you solely for your own informational, non-commercial use and not for purposes of resale. You may retrieve the contents of this site for informational purposes only, provided it is done pursuant to the User Conduct and Obligations set forth herein. You agree not to modify, rent, lease, loan, sell, distribute, mirror, frame, republish or create derivative works, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software NI2 discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
NI2 has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to safety procedures, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
NI2 makes no representations about the suitability of the information contained in the documents and related graphics published as part of the SMART School Tool for any purpose. The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. NI2 shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.
NI2 reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or this entire website or any information contained thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall NI2 nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if NI2 or such provider has been advised of the possibility of such damages.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not absolutely secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your Personal Information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:
1. upload, post or otherwise transmit through or to this website any content that:
a. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
b. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
c. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by NI2.
7. redistribute any content, including assessments, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and
9. embed or import any data provided by us into any information services (whether or not web-based), data files or application software.
By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (a) the organizations that operate such websites; (b) the content, privacy policies or other terms of use on such websites; or (c) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. NI2 will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Proprietary Rights
Names, layouts, designs, artwork and other identifying marks of NI2, NI2-CIE, and the SMART School Tool are and shall remain the copyright, trademarks and trade names and exclusive property of NI2, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website or any other NI2 owned, operated or controlled site, including without limitation all programs, complied binaries, interface layout, interface text, documentation, graphics and other artwork, is the copyrighted property of the National Infrastructure Institute and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- 1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- 2. Identification of the copyrighted work claimed to have been infringed.
- 3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- 4. The address, telephone number or e-mail address of the complaining party.
- 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
NI2 Center for Infrastructure Expertise
1950 Lafayette Road
Suite 302 - Box 23
Portsmouth, NH 03801
Phone: (603) 766-3390
Fax: (603) 766-3399
Email: info@ni2.org
IMPORTANT: We at NI2 are committed to establishing our services in as many languages as possible. However, our company is based in the United States and our staff is English-speaking. We can only correspond in English.
General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Virginia, United States.
Notwithstanding anything contained herein, this Agreement shall not be governed by the Uniform Computer Information Transactions Act.
Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at info@ni2.org or call (603) 766-3390 between the hours of 9 a.m. and 4 p.m. EST.
Privacy Policy
Introduction
We at the National Infrastructure Institute (NI2) and our affiliated organization, the National Infrastructure Institute Center for Infrastructure Expertise (NI2-CIE) are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (ÒPersonal InformationÓ) you share with us.
NI2 has established this Online Privacy Policy so that you can understand the care with which we intend to treat your Personal Information. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit NI2's web pages and use the SMART School Tool without telling us who you are or revealing any Personal Information about yourself or your school.
NI2 strives to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from country to country, NI2 intends to adhere to the principles set forth in this Online Privacy Policy. In other words, our goal is to provide an atmosphere of trust and security such that you may use the SMART School Tool without fear.
The following summarizes the basic content of this document:
o This document outlines where we collect Personal Information on the web, why Personal Information will be collected and whether we plan to share such Personal Information outside of NI2 or those working on NI2's behalf.
o That you may choose whether or not to provide Personal Information to NI2 and the SMART School Tool. The notice we provide as to where the SMART School Tool collects Personal Information on the Web should help you to make this choice. If you choose not to provide the Personal Information we request, you can still visit all of our web sites, but you may be unable to access certain options and services that involve our interaction with you.
o Wherever your Personal Information may be held within NI2 or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. We currently encrypt every session with a 128-bit key. Your data is stored on servers located in the United States.
Special Note: Using the SMART School Tool while Remaining Anonymous
This tool can be used effectively should you and your school wish to remain anonymous. Personal Information is not required to use the basic functionality of the SMART School Tool. Personal Information is requested of you when you register. You can choose to remain anonymous by leaving those Personal Information fields (Names, Address, and Email fields) blank or filling these fields with inaccurate information. Information entered into this tool by users is not checked for validity or accuracy. Note that should you make this choice, keep track of your username and password as your customer service requests will be more difficult if not impossible to process.
Personal Information is also collected in the form of your colleges email addresses when you use the Email My Team function. At your option (through use of the Email My Team Function), we use the email address you provide to send a specific email that you must approve to a third party email address (that you enter) on your behalf. If you wish to remain anonymous and keep your team members anonymous, do not use the Email My Team function.
Our Use of "Cookies"
"Cookies" are small files of data that reside on your computer and allow us to recognize you as a SMART School Tool user if you return to the SMART School Tool site using the same computer and browser window. We send a "session cookie" to your computer if and when you log in to your SMART School Tool account by entering your username and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Web site.
We do not use any other tracking technologies or longer-lasting cookies that would otherwise save or relay data about your activity on any of our websites.
Internet Address Information
We reserve the right to use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.
Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, we retain such information in order to measure and improve our customer service. We may, over time, delete these records.
Internal Uses
We collect, store and process data entered on servers located in the United States. We use the information we collect about you in order 1) to provide our services 2) to provide customer service, and 3) to improve our products and services.
We give access to Personal Information about our users only to those employees who require it to fulfill customer service requests.
We analyze aggregated statistical data in order to improve our product and services. For example, we may find through an analysis of aggregate assessment responses that a specific assessment question is confusing and must be re-written. However, this aggregated information is not tied to personally identifiable information.
Disclosure to Third Parties
NI2 and NI2-CIE will not sell or rent any of your Personal Information to third parties. NI2 and NI2-CIE will not share any of your Personal Information with third parties except in the limited circumstances described below. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.
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We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.
- We share aggregated statistical data with our business partners or for outreach purposes. For example, we may disclose that a specific percentage of our users say their school is located in California. However, this aggregated information is not tied to Personal Information.
NI2 is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children's online activities and interests. We do not request any information from children. NI2 sites, including SmartSchoolTool.org, is not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.
Information Security
NI2 is committed to handling your customer information with high standards of information security. We restrict access to your Personal Information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic Personal Information.
The security of your SMART School Tool account also relies on your protection of your SMART School Tool password. You may not share your SMART School Tool password with anyone.
Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with https://www.smartschooltool.org/ should be treated as unauthorized and suspicious and should be reported to info@NI2.org immediately. If you do share your SMART School Tool password with a third party for any reason, including because the third party has promised to provide you additional services, the third party will have access to your account and your Personal Information, and you will be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at www.smartschooltool.org/ and changing your settings in the "My Info" tab.
Accessing and Changing Your Information
You can review the Personal Information you provided us and make any desired changes to such information, or to the settings for your SMART School Tool account, at any time by logging in to your account on the SMART School Tool Web site and changing your preferences in the "My Info" tab.
Closing Your Account
You can close your account by contacting NI2 Center for Infrastructure Expertise.
Contacting Us
If you have any questions about this privacy statement, NI2's information practices, or your dealings with NI2, you can contact us by:
Calling (603) 766-3390 Monday through Friday between the hours of 9am and 4pm EST, faxing (603) 766-3399 or writing us at: SMART School Too,l 1950 Lafayette Road, Suite 302 - Box 23, Portsmouth, NH 03801
Commitment
We are committed to privacy and are actively involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and NI2's sites are constantly evolving to meet these demands.
If you have any comments or questions regarding our Online Privacy Policy, please contact us at info@ni2.org. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
This Privacy Policy will take effect on June 29, 2005. This Privacy Policy was last updated on July 11, 2005.