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Terms of Service

The following terms of service (this “Agreement”) governs each Client’s subscription to Sibme Services and its use of the website www.sibme.com (the “Sibme Site”). Sibme Site is owned and operated exclusively by Dos Terra Limited Liability Company d/b/a Sibme, a Texas limited liability company (the “Company” or “Sibme”). Sibme provides an online software application that Client can use to evaluate teachers. These terms of service (as amended, from time to time, the “Terms of Service”) shall be effective as of the date that a Client subscribes on Sibme Site and thereby accepts these Terms of Service (the “Effective Date”) and shall govern a Client’s use of all services offered by Sibme from time to time via the Sibme Site. Clients’ use of Sibme Site is subject such Client’s acceptance and compliance with these Terms of Service and Sibme’s privacy policy located on the legal webpage of the Sibme Site (the “Privacy Policy”). SIBME HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THESE TERMS OF SERVICE OR ITS PRIVACY POLICY. CURRENT COPIES OF THE PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CLIENTS AT SIBME SITE. CLIENT’S USE OF SIBME SERVICES AFTER CHANGES TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY ARE POSTED ON SIBME SITE WILL CONSTITUTE THE CLIENT’S ACCEPTANCE OF ANY SUCH AMENDMENTS OR MODIFICATIONS.

Acceptance of Terms of Use

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” BUTTON, OR ACCESSING OR USING THE SIBME SITE OR THE SIBME SERVICES OR PROVIDING ANY REGISTRATION INFORMATION THROUGH USE OF THE SIBME SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SIBME SITE OR THE SIBME SERVICES. If you accept or agree to these terms of service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “Client”, “you” and “your” will refer and apply to that company or other legal entity.

Proprietary Rights and Restrictions on Use

This is an Agreement for services and access to the Sibme Services is available solely through use of the Sibme Site. Therefore, you are not granted a license to any software by this Agreement. You will not, directly or indirectly, (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, the Sibme Services or the Sibme Site or (iii) modify, translate, or create derivative works based on the Sibme Services, or the Sibme Site.

You shall use Sibme Services and the Sibme Site only in strict compliance with these Terms of Service, all United States federal, state and local laws and all other laws, regulations and governmental authority (including, but not limited to, policies and laws related to privacy, defamation, copyright and trademark infringement) applicable to you. You further acknowledge that local policies or regulations promulgated by your school district or employer may be applicable to you and you are responsible for complying with all such policies and regulations. You shall use Sibme Services and the Sibme Site only in strict compliance with these policies and regulations. You acknowledge that the information available through Sibme Site may include textual, photographic, video and audio components, which are protected by United States Copyright Law. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information.

Personal Use Limitation

You may access the Sibme Site and the information provided here, but you may not modify, publish, license, create derivative works from, adapt, transfer, or sell any and/or all information and content obtained from Sibme Site. By using Sibme Site you warrant to Sibme that you will not use Sibme Site for any unlawful purpose or any prohibited use pursuant to these Terms of Service. Your violation of any of these prohibitions automatically terminates your right to use Sibme Site and you are on notice that we intend to pursue our legal remedies for any violation.

Indemnification

You hereby agree to defend, indemnify and hold harmless Sibme and its business partners (including without limitation officers, directors, employees, shareholders and agents) from and against any and all claims, suits, damages, losses, liabilities, penalties, actions, proceedings, judgments, settlements, and any and all expenses and costs related thereof and demands thereof of any type and nature (whether actual or alleged, known or unknown, disclosed or undisclosed), including without limitation costs and reasonable attorneys’ fees, in connection with any claim or action that (i) arises from any alleged breach by you of these Terms of Service, (ii) arises from the content or information you post, transmit or store using the Sibme Services or the Sibme Site or (iii) arises from your activities or postings in connection with your use of Sibme Services or the Sibme Site. In addition, you acknowledge and agree that Sibe has the right to seek damages when you use Sibme Services or the Sibme Site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

Liability Disclaimer

You use Sibme Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, OR SUBSCRIBERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

Warranty Disclaimer

You expressly understand and agree that Sibme Site and the information available through Sibme Site is provided on an “as is” “as available” basis. Sibme does not warrant that Sibme Site will be uninterrupted or error-free, and Sibme makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Sibme Site. Sibme expressly disclaims any and all warranties with respect to the Sibme Site and the information available through the Sibme Site, including but not limited to the implied warranty of fitness for a particular purpose. The Sibme Site and the information available through the Sibme Site are always subject to change.

Monitoring Communications

You expressly understand and agree that Sibme Site and the information available through Sibme Site is provided on an “as is” “as available” basis. Sibme does not warrant that Sibme Site will be uninterrupted or error-free, and Sibme makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Sibme Site. Sibme expressly disclaims any and all warranties with respect to the Sibme Site and the information available through the Sibme Site, including but not limited to the implied warranty of fitness for a particular purpose. The Sibme Site and the information available through the Sibme Site are always subject to change.

Account Security

It is your responsibility to safeguard the password provided to you for accessing your account, and not share the same with third parties. You will also be responsible for any and all activity on your account.

Governing Law, Jurisdiction, Venue

THESE TERMS OF SERVICES, USE OF THE SUBME SITE AND THE SIBME SERVICES AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU HEREBY (I) IRREVACABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS LOCATED IN HARRIS COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THESE TERMS OF SERVICES, USE OF THE SIBME SITE, USE OF THE SIBME SERVICES OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY YOU OR SUBME OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH TEXAS STATE COURT OR TO THE FULLEST EXTENT PERMITTED BY LAW IN THE UNITED STATES DISCTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE, AND AGREE NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-AMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION MISCELLANEOUS TERMS SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICALBLE LAW.

Payment, Refunds, Upgrading and Downgrading Membership Plans

A valid credit card is required for all subscriptions to Sibme Services. If you initially sign up for a limited free trial of any Sibme Services without a credit card, and you don’t subscribe within 30 days from the Effective Date, you will no longer be able to use your account. If you make the decision to subscribe for any of the Sibme service plans, you are required to provide a valid credit card where you will be billed monthly or annually from the date you provide your credit card information. If you cancel your free trial subscription to Sibme Services or do not provide your credit card information, you will not be charged; however, you will no longer have access to your account after the 30 day trial period.

The Sibme Service is billed in advance on a monthly or annual basis, dependent upon your selection of payment when subscribing to Sibme Services, and is non-refundable. There will be no refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription to Sibme Service.

If you upgrade a plan level and/or add additional users on your current plan, the credit card that you provided will automatically be charged the new rate for the additional users and new renewal dates will be set for both annual and monthly plans. Downgrading your Sibme Service may cause the loss of data, content, features, or capacity of your account. Sibme does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking cancel account in the Account Owner’s profile. The Account screen provides a simple no questions asked cancellation link. All of your Content will be immediately deleted from Sibme Site upon your cancellation of Sibme Service. This information can not be recovered once your account is cancelled. If you cancel Sibme Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Sibme, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Sibme Service, for any reason at any time. Such termination of Sibme Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sibme reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices. Sibme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sibme Service (or any part thereof) with or without notice. All prices of Sibme Services, including but not limited to monthly and annual subscription plan fees to Sibme Service, are subject to change upon 60 days notice from Sibme. Such notice may be provided at any time by posting the changes to the Sibme Site or the Sibme Service itself. Sibme shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Sibme Service.

Miscellaneous

Severability. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Services will otherwise remain in full force and effect and enforceable.

Waiver. Sibme and Client agree that these Terms of Services are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Services, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms of Services or existing at law or equity shall be considered a waiver of such right or remedy.

Assignment. These Terms of Services shall not be assignable by you without Sibme’s prior written consent. Sibme may assign these Terms of Services in whole or in part upon written notice to you. These Terms of Services shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.

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