PowerPTC Site Terms and Conditions of Use

Modified: 8/28/15

1. Terms

By accessing this web site ("PowerPTC.net", "The Service", "PowerPTC"), you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. You may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on CWS Software LLC's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CWS Software LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on PowerPTC.net are provided "as is". CWS Software LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CWS Software LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall CWS Software LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PowerPTC.net, even if CWS Software LLC or a CWS Software LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Membership

In order to use certain portions of PowerPTC.net, you will need to first register for membership in the Service. You are prohibited from registering for membership in the Service where prohibited by law. In addition, PowerPTC.net is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the PowerPTC.net, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. If you choose to register for membership, in consideration of your use of the Site, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.

The CWS Software LLC may terminate your account, and any content or information that you have posted on the PowerPTC.net and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.

Registration for PowerPTC.net is currently limited to customers in the United States. You are prohibited from registering for membership if you are outside of the United States.

6. Student Information

By using PowerPTC.net, you authorize us to access your Student Information System (SIS) or receive Student Data or other information via SIS or any other secure transfer method to provide you software integration services.

6.1. Your Student Data

We maintain the confidentiality of your Student Data and do not knowingly share it with third parties.

Both parties agree to uphold their responsibilities under the Family Educational Rights and Privacy Act (“FERPA”). We provide the Services as an outsourced institutional function under FERPA 34 CFR Part 99.31(a)(1).

6.2. Authorization to Access Your Student Data

You authorize us to access Student Data and will provide a way for us to access the information stored in your SIS. We will access and process Student Data only in order to provide the Services. As between us, you own all right, title and interest to all Student Data, you are (and other Schools are) solely responsible for any and all Student Data, whether provided by you, students, or others, and we do not own, control, or license Student Data.

Student Data is controlled by Schools, and we will not permit anyone outside of CWS Software LLC, or their contractors, to delete, transfer or control Student Data, or allow access to Student Data by parents or legal guardians except as directed by the applicable School. Any requests for access to Student Data will be referred to the applicable School.

6.3. How We Use Your Student Data

By submitting Student Data or other information to us you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a nonexclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display, and store the Student Data only for the purposes of: (i) providing the PowerPTC scheduling services, (ii) internal testing, performance assessment, benchmarking, and troubleshooting the PowerPTC scheduling service. We will not use the Student Data for any purpose except as explicitly authorized by these Terms.

6.4. Deleting Student Data and Termination Your Access to the Services

You may request in writing that we delete any of your Student Data in our possession at any time. We will comply with your request in a commercially reasonable time, not to exceed sixty (60) business days.

6.5. Privacy and Security

We care deeply about the privacy and security of Student Data. We maintain strict administrative, technical safeguards to protect Student Data stored on secure servers, which are located in the United States. If there is any disclosure or access to any Student Data by an unauthorized party, we will promptly notify any affected Schools and will use reasonable efforts to cooperate with their investigations of the incident. If the incident triggers any third party notice requirements under applicable laws, you agree that, as the owner of the Student Data, you will be responsible for the timing, content, cost, and method of any required notice and compliance with those laws.

7. Payment

Accounts are typically granted a unlimited 30 days free trial to PowerPTC.net. After this period you will be required to puchase a subscription to PowerPTC with tiers that vary based on your organization's student enrollment size. If your account expires, all parent and teacher user accounts will no longer be able to access information for your organization. Payments must be made manually when your account expires, and your payment method will NOT be automatically charged at the end of your subscription. If you pay prior to the end of your subscription, your account will be automatically extended 365 days from the date of expiration. All currency references are in U.S. dollars.

8. Cancellation of Subscription

Payment for subscriptions is non-refundable. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund.

9. Revisions and Errata

The materials appearing on PowerPTC.net could include technical, typographical, or photographic errors. CWS Software LLC does not warrant that any of the materials on its web site are accurate, complete, or current. CWS Software LLC may make changes to the materials contained on its web site at any time without notice. CWS Software LLC does not, however, make any commitment to update the materials.

10. Links

CWS Software LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CWS Software LLC of the site. Use of any such linked web site is at the user's own risk.

11. Site Terms of Use Modifications

CWS Software LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

12. Governing Law

Any claim relating to CWS Software LLC's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.