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Terms of Service

 

Last updated March 13, 2024

These Terms of Service govern your access to and use of all products and services offered by Lessi, LLC (“Lessi”).

1. Acceptance of Terms.  By accessing, using or registering for Lessi’s products or services, you agree to the Terms outlined herein.  These Terms of Service and the applicable purchase order(s) for your school district or local education agency, along with the National Data Privacy Agreement, where applicable (see Section 5), constitute the entire and only agreement between you and Lessi with regard to Lessi’s products and services.  These Terms of Service supersede all prior or contemporaneous representations, warranties and understandings with respect to Lessi’s products and services.  These Terms of Service may be amended at any time by Lessi without specific notice to you.  The current effective version of these Terms of Service will be posted on Lessi’s website and in the “User Portal.”

2. License; Proprietary Materials.  Lessi retains ownership of all proprietary rights in its products and services and in all trade names, trademarks, service marks, logos and domain names associated or displayed in connection with Lessi’s products and/or services.  Subject to the Terms and Conditions herein, Lessi, LLC hereby grants you a non-exclusive, non-transferable, revocable license to use Lessi’s products and services, as identified in the applicable purchase order(s) for your school district or local education agency for the term of your school district or local education agency’s purchase.  You are prohibited from posting, modifying, distributing, or reproducing in any way Lessi’s products, services copyrighted materials, trademarks, rights of publicity or other proprietary rights without Lessi’s prior written consent.  Lessi reserves the right to deny access to its products and/or services to any user who is alleged to have infringed on its copyright.

3. Authority to Share Vendor Reports and Other Information with Lessi.  By uploading third party vendor reports of student data (e.g., rostering, sign-on, performance monitoring) or other information to Lessi’s platform, you represent and warrant that you are authorized to share such reports and/or information with Lessi.  You agree that you will not provide any vendor information or data to Lessi unless you have been authorized to do so.

4. Errors or Inaccuracies in Vendor Reports.  Lessi aggregates the vendor information and data that you provide us.  Lessi is not responsible for errors or inaccuracies in the vendor reports that you upload to our platform.

5. Provision of Personally Identifiable Student Information to Lessi.  Lessi utilizes the National Data Privacy Agreement (https://privacy.a4l.org/national-dpa/) with school districts and local education agencies from which it collects personally identifiable student information (“student PII”), where applicable.  Any additional or alternative terms or guidelines governing Lessi’s access and/or use of student PII must be expressly agreed to in writing by Lessi.  You understand and agree that you will not provide Lessi with any student PII unless (a) such is necessary for Lessi to perform the services contemplated hereunder, and (b) your school district or local education agency has executed the National Data Privacy Agreement or other appropriate data sharing agreement with Lessi.

6. Use of Login Credentials.  Any login credentials that you receive from Lessi are to be used by you only.  If other individuals from your school district or local education agency require login credentials to access Lessi’s products and services, an authorized representative from the school district or local education agency should contact Lessi directly to request such access.  You may not under any circumstances share your login credentials or provide access to Lessi’s products or services to a third-party vendor or its employees.

7. Representations and Warranties.  By accessing, using and/or registering for Lessi’s products or services, you represent and warrant that (a) you have full power and authority to enter into these Terms of Service, and (b) you will comply with all laws and regulations applicable to your access and use of Lessi’s products and services.

8. Disclaimer and Limitation of Liability.  Lessi’s products and services, including all content, software and functions, are provided “as is.”  Except as expressly provided in these Terms of Service, Lessi does not make and expressly disclaims to the fullest extent permitted by law:  (a) any warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement, or error-free or uninterrupted use of Lessi’s services; and (b) any representations about content or information accessible through Lessi’s products or services.  Lessi shall have no liability whatsoever with respect to your use of any service, product or information provided by Lessi. In particular, but not as a limitation thereof, Lessi is not liable for any indirect, special, punitive, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. Except as otherwise required in these Terms and Conditions, in no event shall Lessi, its directors, officers, employees, agents, contractors, suppliers, or licensors be liable to you for any claims, demands, causes of action, losses, liabilities, damages, penalties, fines, and expenses in an amount exceeding the amount that you paid Lessi under these Terms and Conditions or $100.00, whichever is greater. No advice or information, whether oral or written, obtained by you from Lessi through its products or services, shall create any warranty, representation or guarantee not expressly stated in these Terms of Service. 

9. Indemnity. You agree to indemnify, defend, and hold harmless Lessi, its directors, officers, employees, agents, and contractors from and against any claims, demands, causes of action, losses, liabilities, damages, penalties, fines, and expenses, including reasonable attorney’s fees and court costs, arising from your use of Lessi’s products or services, or your breach of these Terms of Service. Lessi shall have the right, at its expense and option, to participate in the defense and/or settlement of any claim that triggers your duty to indemnify Lessi, and you agree not to settle any claim imposing any liability or other obligations on Lessi without Lessi’s written consent. 

10. Violation of These Terms of Service.  If you violate these Terms of Service, Lessi reserves the right, in its sole discretion, to immediately terminate your access to any and all products and services, including any and all accounts you have established.  You acknowledge that we are not required to notify you prior to such termination and that Lessi will have no obligation to refund any fees paid by your school district or local education agency prior to such termination.

11. Venue; Arbitration.   In the event of any lawsuit or claim between you and Lessi, you agree to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois.  You further agree that, in its sole discretion, Lessi may require that any and all controversies, claims, or disputes between you and Lessi arising out of, relating to, or resulting from these Terms of Service, shall be subject to binding arbitration, as opposed to court action.

12. Waiver. No waiver of any right arising out of a breach of any covenant, term or condition of these Terms of Service is a waiver of any right arising out of a subsequent breach of the same or a breach of any other covenant, term or condition or a waiver of the covenant, term or condition itself.

13. Assignment. You may not assign or transfer any rights or responsibilities set forth in your agreement with Lessi, and any attempt to do so shall be void.  Without limiting the foregoing, the agreement and these Terms of Service shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

14. Force Majeure.  Neither you or Lessi will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control.

15. Severability. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, all other provisions shall nevertheless continue in full force and effect, and that unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent the intent of the parties set forth in these Terms of Service.

16. No Third-Party Beneficiaries.  These Terms of Service are not intended to confer any right upon any third party who is not an authorized user of Lessi’s products and services.