Last updated March 30, 2017
If you are an Agile Campus user, this is the document that clarifies what you are allowed to do with the Education Data found in Agile Campus and what you are not allowed to do with it. If you do not agree to this Education Data Use Policy, then you will be unable to use Agile Campus or our Education Data. This Education Data Use Policy is part of the Terms of Service, and all capitalized terms not defined herein shall have the meaning set forth in the Terms of Service.
We may revise and update this Education Data Use Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Platform and Services thereafter. Your continued use of the Platform and Services following the posting of the revised Education Data Use Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
“Data” means any data contained within the “Education Data” module of Agile Campus;
“Email Undeliverable(s)” means an email address(es) which has/have failed delivery due to an incorrect email address;
“Paid Plan” means the length of time during which the Customer pays and has access to the Platform;
“Platform” means the software platform known as Agile Campus that is owned and operated by the Provider, and that will be made available to the Customer as a service via the internet under the Agreement;
“Postal Undeliverable(s)” means a postal address(es) which has/have failed delivery due to an incorrect address;
"Provider" means Agile Education Marketing, LLC, a Colorado limited liability company with its principal place of business located at 110 16th Street, Suite 506, Denver, Colorado 80202.
All Data or parts thereof are owned by and copyrighted by the Provider. Unless otherwise specified in the Agreement, the Provider’s data is licensed to the Customer for the duration of its Agile Campus usage only and no intellectual property rights of any Data shall pass to the Customer under the Agreement. The Data must not be copied or recorded by the Customer or its agents, or in any way processed by the Customer or its agents other than in accordance with the Agreement or as agreed in writing by the Provider. Data supplied must, in no circumstances, be offered for resale by the Customer.
a) If, in the Provider’s reasonable opinion, the Data has been used by the Customer outside of the usage terms as specified in this Education Data Policy, a re-use charge of 100% of the value of the annual cost of the plan from which the Data was copied will be imposed per occasion of each breach and payable within  days by the Customer.
b) If Data is copied from the Platform by a Customer for a third party company then the Data is only authorized to be used for the marketing purposes of that one third party company and not also the Customer. If Data is used for more than one of the Customer’s third party clients then a re-use charge of 100% of the value of the annual cost of the plan from which the Data was copied will be imposed per occasion of each breach and payable within  days by the Customer.
c) The Customer shall be liable for the loss or misuse of Data while in its care, or the care of its agent. It will be deemed a misuse of a list if the list is used for any activity other than the purpose for which it was originally provided. The Customer undertakes to keep the Data secure and completely safeguarded against unauthorized use or disclosure.
d) The Provider reserves the right to require the Customer to cease or modify use of the Provider’s Data where the Provider discovers that the contents of an email sent by the Customer is, in the Provider’s reasonable opinion inappropriate, or the Customer has misled the Provider about the content.
a) The Provider uses reasonable efforts to ensure Data is accurate and up-to-date. However, as lists are compiled from a variety of sources, the Provider cannot warrant that any of the records are 100% complete. No warranty is given regarding the accuracy or completeness of individual addresses, contact names or telephone numbers or that any list is a complete compilation of the categories of persons or establishments described therein.
b) If any school emails prove to be undeliverable due to them hard-bouncing they must be sent to the Provider, including a reason for non-delivery, in an Excel or comma-separated-values format document within 30 days of the send date of the campaign that generated the hard-bounces so the Provider’s data team can correct them.
c) The Provider’s obligations stated shall not apply where the Customer decides to use a method of delivery that has not been approved in writing by the Provider. Unapproved methods of delivery include, but are not limited to, the use of an SMTP (Single Message Transfer Protocol) such as Outlook, Netscape and Lotus
a) agrees to comply with any requests for the suppression of deceased names and also notify the Provider of any request received by the Customer for the suppression of a deceased name or disputed data that can be identified as being included in the Data supplied by the Provider, within 30 days of receipt of the request;
b) agrees to notify the Provider within 30 days of receipt, of any request for or access to, or the correction or the deletion of inaccurate data the Customer receives from an individual whose name can be identified as being included in the Data supplied by the Provider to the Customer;
c) agrees to notify the Provider if any Data is found to be out of date or incorrect;
d) agrees to comply with any request for information from an individual whose name can be identified in the Data supplied to the Customer by the Provider regarding the source from which the name was obtained and that this request will be dealt with promptly and in any event within a maximum of 30 days;
e) will, where email Data is used to send emails, ensure that the recipient is given a simple means to opt-out of receiving further communications and the Customer must forward to the Provider the details of any recipients who do exercise their right to opt-out including any comments that may be made by such recipients in an Excel or comma-separated-values format document;
f) will, where Data is licensed to send postal marketing, ensure that they forward to the Provider the details of any recipients who do exercise their right to opt-out of further postal marketing including any comments that may be made by such recipients in an Excel or comma-separated-values format document; and
g) shall inform the Provider in writing if it closes, ceases to trade, goes into administration or liquidation as the Data must cease to be used and cannot be sold on as part of a company’s assets or transferred to another company.
All lists contain seed names and dummy addresses to protect the Provider’s intellectual property and copyright. The Provider do not pass out seed addresses to the Customer or its agents even in the event of a dispute as it leaves the Provider’s Data unprotected.
While the Provider seeks to quote the number of records accurately, the quantity may vary from time to time, as is reasonable, due to movements within the Data. No warranty or condition is given that the figure quoted agrees with that finally reached during the performance of the Services.
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