Please note that these Terms of Service are subject to change without notice and reflect current business practices. This policy is dated November 17, 2018.
The FCMAT website is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, policies and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions. Registration for specific portions of the website may require express acknowledgment of acceptance.
The website is a FCMAT system, access to which is provided as a public service. The general public may use this system to review and retrieve publicly available information. User agrees to use this website as permitted by applicable local, state, and federal laws. User agrees not to knowingly and without authorization, alter, damage, or destroy this or another user's computer system, network, software, program, documentation or data contained therein, or to use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking any action which results in blocking access to this website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.
FCMAT will try to keep this website operational, virus-free, and safe, but you use it at your own risk. This website is provided "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will be safe or secure, and we are not responsible for the actions, content, information, or data of third parties, and you release FCMAT, our parent agencies, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
If you are a California resident, you waive California civil code 1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this website or your use of this website, even if we have been advised of the possibility of such damages. this limitation and exclusion of liability and of incidental or consequential damages shall be enforced to the fullest extent permitted by applicable law.
This website is for non-commercial information-sharing purposes, and not for the commercial benefit of any user. We respect other people's rights, and expect you to do the same. In order to keep this website safe and informative for all users, basic rules apply, including without limitation the following:
You will not send or otherwise post unauthorized commercial communications, such as spam.
You will not collect users' content or information, or otherwise access the website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express, written permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will be polite and respectful of the opinions of others, and will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use this website to do anything unlawful, misleading, malicious, or discriminatory, or do anything that could disable, overburden, or impair the proper working of the website, such as a denial of service attack.
You will not facilitate or encourage any violations of these Terms of Service.
You will not provide any false personal information on the website, or create an account for anyone other than yourself without our express, written permission.
If we disable your account, you will not create another one without our permission.
You will not use your account connection or the website for your own commercial gain.
You will not use the website unsupervised if you are under 18.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate, such as when it may violate trademark or copyrighted material.
FCMAT attempts to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation.
In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, FCMAT disclaims any responsibility for typographical errors and accuracy of the information that may be contained on the web pages. The information and data included on our servers have been compiled by our staff from a variety of sources, and are subject to change without notice to the User. We make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data, or regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error- free.
In any situation where the official printed publications of FCMAT or other agencies differ from the text contained in this system, the official printed documents take precedence.
By using the FCMAT web pages, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a FCMAT web page or User's access to it. FCMAT shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on our website or with the delay or inability to use this website, or from any information, documents, services, software, or other material obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if FCMAT and/or any of its employees/affiliates has been advised of the possibility of damages.
FCMAT shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
You may not edit, alter, modify or prepare any derivative works of the website content or any portion thereof, nor remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in the website or the content, nor resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the content in any form, unless the content is posted in a public access area of the website.
For content that is covered by intellectual property rights, including without limitation any writings, photos and videos (hereinafter, IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with your use of this website.
When you publish content or information in a public setting forum or location on this website, it means that you are allowing everyone, including people unknown to you, to access and use that information, and to associate it with you, including use of your name and any image you have posted.
You will not post content or take any action on the website that infringes or violates someone else's rights or otherwise violates the law. We reserve the right to remove any content or information you post if we believe that it violates this statement. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
"Personal information" is information that identifies or describes an individual, and includes such information as the person's name, address and/or telephone number, and various other matters such as employment data, all of which is identifiable to the specific individual. An Internet Protocol (IP) address, while not considered personal information, is "electronically collected personal information."
"Electronically Collected Personal Information" is information arising from your voluntary participation in an activity on this site that requires completing a registration, or asks you for information (such as when completing a request for assistance, sending an e-mail, or participating in a survey or online blog or chat room), and detailed data will be collected. Currently, we collect name, phone, agency name, and email address information. We expressly reserve the right to, in the future and without any notice to you, collect additional data, which may include such items as the IP address of your computer or network, the type of web browser and operating system you use, the date and time you visited this site, the web pages or services you accessed at this site, the website you visited prior to linking to this website, and if you downloaded a file, the file that was downloaded.
Collected data will be used only for FCMAT services and will not be disseminated outside of FCMAT. No data will be shared outside FCMAT unless we are required to do so by Federal or State law.
Personal information collected may be protected from some disclosure by federal and/or state law, including Information Practices Act of 1977, Government Code Section 11015.5, and the federal Privacy Act of 1974. However, FCMAT is a public agency and this information, once you provide it or it is collected, may be deemed public records subject to public inspection and copying if not otherwise protected by federal or state law. We provide no guarantees nor make any representations that collected data will not be disclosed as a public record, without notice to you.
When you send us email, you are providing us with personal information, as contained in the e-mail, including your email address. We use the information to improve our service to you or to respond to your question or request. Except for authorized law enforcement investigations or as otherwise required by law, we do not share our e-mail.
If during your visit to our website you participate in a survey, blog or chat-room, or send an e-mail, the following additional information will be collected:
The e-mail address and contents of the e-mail.
Information volunteered in response to the survey, blog or chat.
The information collected is not limited to text characters and may include audio, video, and graphic information formats you send to us.
Use of Bulletin Board, or Any Other Communication or Interactive Forums
To the extent that this website contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving FCMAT and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:
Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsifying the origin or source of any material contained in a file that is uploaded.
Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another's computer system, network, software, program, documentation or data contained therein.
Knowingly accessing or attempting to access or use the FCMAT computer system, computer network, or any part thereof, including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time, and applicable law.
FCMAT reserves the right to remove any contents of this website received from users for violations of forum use policies and other applicable regulations and law, including violations of others' constitutional rights. FCMAT reserves the right to edit any notices or postings for length if and when such length interferes with other users' access to and use of this forum.
The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications' forums hosted by this website are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by FCMAT, and such communications shall not be considered reviewed, screened, or approved by FCMAT.
We have, as developer and manager of this website, taken a number of steps to safeguard the integrity of its telecommunications and computing infrastructure, including, but not limited, to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the entire operating environment as part of our continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice or warranting as fail proof the security of information provided through our Website.
This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.
FCMAT maintains its website under the organization domain of fcmat.org.
External Linking - FCMAT is a public agency and reserves the right to reject any request for an external link to or from any portion of this website. FCMAT will only approve links to government agency, non-profit agency or other websites that support effective use of data or improvement of fiscal accountability and sustainability in public (K- 14) education (includes vendors of student information systems). Any links to sites found to contain objectionable material will be deleted. This site does not offer a link exchange nor will it link to the personal websites of individuals. FCMAT is not responsible for any material outside of our website.
Linking to this website - The dynamics of the Internet allow for infinite links from one website to another without a site host being aware of the link from another site. Therefore, we cannot be responsible for content or views given on any website connected via hyperlink to the FCMAT website. FCMAT is not responsible for loss of link service and may discontinue a site link at any time.
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and FCMAT as a result of these Terms of Service or use of this website. User agrees not to hold himself or herself out as a representative, agent, or employee of FCMAT unless actually a representative, agent or employee acting as such in an official capacity, and FCMAT shall not be liable for any representation, act or omission of the User.
Reference in this website to any specific commercial products, processes, or services or the use of any trade, firm, or corporation name is for the information and convenience of the public and does not constitute endorsement, recommendation, or favoring by FCMAT or its employees or agents, and such reference shall not be used for advertising or product endorsement purposes.
The FCMAT website may at times contain some content that is supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and linked websites, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of FCMAT, nor are any representations given as to the accuracy of any such information. FCMAT is not giving legal advice.
As a condition of use of this website, User agrees to defend, indemnify, and hold harmless FCMAT, their contributors, any entity jointly created by them, their respective affiliates and their respective parent organizations, directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the online service by User or User's account, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms of service.
Construction of the disclaimers noted in these Terms of Service and resolution of all disputes over the disclaimers and waivers shall be governed by the laws of the State of California. User consents to the exclusive jurisdiction and venue of courts in Sacramento County, California, USA. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and FCMAT with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to this website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.