Terms and Conditions

Terms of Use

Please read the following terms and conditions (the “Terms of Use” or “Terms”) carefully. These Terms of Use govern your access to and use of the RCA House Points application and related website located at https://rcahousepoints.com/ (“the “Site”), any associated Content and web or mobile applications (together with the Content, are collectively the “System”), and the services, features, functionality, and offers made available through the System (the “Services”).  

In these Terms of Use, “you” and “your” refer to you, the individual accessing the System and/or using the Services and any person on whose behalf you are accessing the System and/or using the Services; and “RCA”, “we”, “us” or “our” refers to The Ron Clark Academy and all of its respective members, affiliates, subsidiaries, directors, officers and employees.

These Terms of Use constitute a contract between you and Ron Clark Academy.

By accessing, browsing, downloading, using, or registering to receive the System or Services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use any portion of the System or the Services.

 

Changes to the Terms of Use

We may update or modify these Terms of Use by contacting users directly or providing other notice on the Site (“Notice”). All Notices will be effectively immediately. Your continued use of the System and/or the Services thereafter signifies your acceptance to such changes.

The version of these Terms of Use posted on our Site on each respective date you visit the Site will be the Terms of Use applicable to your access and use of the System and Services on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms of Use and the Privacy Policy that were in force on each respective date you visited the Site. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the System or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

 

Ownership of the System and Access License

You understand and agree that Ron Clark Academy owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

You acknowledge that the System and the Services are proprietary to Ron Clark Academy and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites. Except as provided elsewhere, Ron Clark Academy will only collect personal information as necessary to fulfill its duties as outlined in these terms.

Ron Clark Academy grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the System and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by Ron Clark Academy. 

Without limiting the forgoing, Ron Clark Academy may use de-identified information for product development, research, or other purposes. De-identified information will have all direct and indirect personal identifiers removed. Furthermore, Ron Clark agrees not to attempt to re-identify any de-identified information and not to transfer de-identified Data to any party unless that party agrees not to attempt re-identification.

 

Privacy Policy

You agree to review the website Privacy Policy posted on this Site, which can be accessed here: http://www.ronclarkacademy.com/Privacy-Policy. Ron Clark Academy will generally use data only for the purposes stated in the Privacy Policy or for the purpose of fulfilling its duties and providing services under these Terms, and for improving services under these Terms.

 

Use of the System and Services

Ron Clark Academy reserves the right to do any of the following at any time without notice:  (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

You represent and agree that all information that you provide to Ron Clark Academy in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.

Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Ron Clark Academy to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the System and the Services, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, racist, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Ron Clark Academy representative, or falsely state or otherwise misrepresent your affiliation with a person or entity including schools or school systems;
  3. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  4. Use any of the System’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  5. Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”,  “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  6. Violate any applicable local, state, national or transnational law;
  7. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  8. Delete or revise any material posted by any other person or entity;
  9. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not authorized by such party;
  10. Harvest or otherwise collect information about others, including e-mail addresses or phone numbers; or
  11. Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.

Ron Clark Academy reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Ron Clark Academy may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Ron Clark Academy reserves the right at all times to disclose any information as Ron Clark Academy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ron Clark’s sole discretion. You also agree to reimburse Ron Clark Academy for any damage, loss, cost or expense Ron Clark Academy incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System or the Services for any unlawful or prohibited purpose.

 

Accounts, Passwords, and Security

In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Ron Clark Academy immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Ron Clark Academy or any other person or entity due to another person using your account, login ID, or password. 

Ron Clark Academy will store and process user submitted data in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure user submitted content from unauthorized access, disclosure, and use. Ron Clark Academy will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner.

You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.

Ron Clark Academy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may not use the Services.

We reserve the right to suspend or terminate your account in the event that you breach any of these Terms of Use. 

 

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the System is done at your own risk and without any expectation of privacy beyond that provided by applicable law. You are fully responsible for all Submissions, which must comply with these Terms of Use.  Subject to the restrictions provided below, you hereby agree that by inputting/submitting such Submissions, you grant Ron Clark Academy a nonexclusive, unrestricted, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein), provided that Ron Clark Academy shall not transfer submissions in exchange for monetary consideration except as necessary to provide the services. You hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Ron Clark Academy neither actively monitors general use of the System, nor exercises editorial control over any Submissions. However, Ron Clark Academy does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in Ron Clark Academy’s sole discretion, may be illegal, may subject Ron Clark Academy to liability, may violate these Terms of Use, or are, in the sole discretion of Ron Clark Academy, inconsistent with Ron Clark Academy purpose for the System.

At the request of the user, Ron Clark Academy will ensure that all content in its possession and in the possession of any subcontractors, or agents to which the Ron Clark Academy may have transferred content, are destroyed or transferred to the user under the direction of the user when the Content is no longer needed for their specified purpose.

 

Electronic Communications

When you use the System and/or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the System and/or Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

 

Representations and Warranties

You represent and warrant that any information, materials, software, or data that you submit to or through the System, or that you access, use, download, or otherwise obtain on or through the System, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

 

Disclaimers

The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your use of the System and Services is at your own risk.

The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, ARE provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.

Ron Clark ACADEMY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Ron Clark PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Ron Clark ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. Ron Clark SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.

 

Limitation of Liability

IN NO EVENT SHALL Ron Clark ACADEMY, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM AND/OR SERVICES; (B) the security of the system AND/or the services; (c) THE USE, COPYING, OR DISPLAY OF THE SYSTEM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (d) Ron Clark ACADEMY’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SERVICES; (e) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM OR THE SERVICES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL Ron Clark ACADEMY, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Ron Clark ACADEMY, EVEN IF Ron Clark ACADEMy WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF Ron Clark AND ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF Ron Clark ACADEMY, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE SERVICES, Ron Clark ACADEMy AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED the fees paid to ron clark by the affiliated EDUCATIONAL institution in the 12 month period preceding the claim.

 

Indemnification

You agree to indemnify, defend and hold Ron Clark Academy harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, fines, and expense (including attorneys' fees), brought or assessed by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or Services, your access to and use of the System and/or Services, your violation of these Terms of Use, your use of the System and/or Services in violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

 

Typographical Errors

The System and the Services could include technical inaccuracies or typographical errors. Ron Clark Academy shall have no liability in connection with any such inaccuracies or errors, nor shall Ron Clark Academy have any obligation to identify and/or correct any such inaccuracies or errors.

 

Data Mining

Ron Clark shall not mine content for any purposes other than those agreed to by the parties or in the parties’ reasonable expectations.  Data mining or scanning of user content for the purpose of advertising or marketing to student or parents is prohibited. For the avoidance of doubt, Ron Clark Academy will not use any student data to advertise or market to students or their parents. Advertising or marketing may be directed to a user only if student information is de-identified.

 

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Ron Clark Academy (the “Linked Websites”). Ron Clark Academy does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Ron Clark Academy disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites.

 

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), Ron Clark Academy has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Ron Clark Academy does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Ron Clark Academy.

 

Compliance with Laws

Users shall adhere to the provisions of the federal Family Educational Rights and Privacy Act (FERPA) and other applicable state, federal, and transnational laws that relate to the collection, distribution,  and use of personal information of students while using the Ron Clark Academy House Point System application. User agrees that Ron Clark Academy receives information from the user, where applicable, in order to deliver the agreed-upon services as a school official as permitted under FERPA.

 

General

These Terms of Use collectively constitute the entire agreement with respect to your access to and use of the System and the Services. You agree that you shall not contest the admissibility or enforceability of Ron Clark Academy’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Ron Clark Academy. Ron Clark Academy may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Ron Clark Academy. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and using the Services and any other jurisdiction whose laws apply to you or your actions.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Ron Clark Academy shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.  Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Ron Clark Academy and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Services must be commenced within one year after the cause of action arises.

If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in litigation as a party or class member for) all disputes in court before a judge or jury.  Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the Parties may enforce the arbitrator’s award.

Notwithstanding any of the foregoing or any other provision of this these Terms, class arbitration is not permitted under any circumstance. The Parties agree that, by entering into these Terms, THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

User Communication

Ron Clark Academy may, from time to time, use your information to provide you with news and information about the service and will therefore use your information to provide you with notifications about our services via text message, SMS, email, or similar systems.

 

Contact RCA

Ron Clark Academy welcomes any comments or questions you may have regarding these Terms of Use, the System, and/or the Services. Please contact us with your comments or questions housepoints@ronclarkacademy.com, by phone at 678-651-2104, or by mail at:  Junior Bernadin, 228 Margaret Street SE, Atlanta, GA 30315.

By submitting a written request as provided above, any user submitted materials held by Ron Clark will be made available to a user.

Users understand that Ron Clark Academy will rely on one or more subcontractors to perform services under these terms. Provider agrees to share the names of these subcontractors with User upon request. All subcontractors and successor entities of Ron Clark Academy will be subject to these or substantially comparable terms.

 

Last Updated

These Terms of Use were last updated on August 29, 2019. Please check back periodically for updates and changes.