Terms of Service

Last Updated: July 17, 2024

Welcome to Home School Data Bank (HsDataBank.com). These Terms of Service (herein, "Terms") govern the respective rights and obligations between Smart Access IT, Inc., a California corporation that owns and operates the HsDataBank.com website (herein, "Home School Data Bank"), and you, and constitute a legally binding agreement (herein, "Agreement") between us. This Agreement governs your use of HsDataBank.com, any affiliated websites (together, the "Website"), your use of any Home School Data Bank mobile, tablet, and other smart device applications, (together, the "Applications"), and your use of any Services (as defined below). Together, the Website, Applications, and Services shall be collectively defined as the "Home School Data Bank Platform" (herein, "the Platform").

Please note that your use of the Home School Data Bank Platform is also governed by other agreements including without limitation the Privacy Policy, which is incorporated into these Terms, as well as any other policies referred to or linked to herein. In case of any conflict among these Terms and the Privacy Policy or other terms or policies, these Terms shall govern unless expressly stated herein. By using the Platform as a visitor or a Member (as defined herein), you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

If you do not agree with these Terms, then you do not have the right to access the Platform.

A few important points:

We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. You will not be permitted to access or use the Platform unless you agree with the updated Terms. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. It is your responsibility to review any changes, and if you do not agree to them, then you must stop using the Platform.
Platform Users are only eligible to use the Platform if they are at least eighteen (18) years of age and are able to enter into legally binding contracts. By accessing the secured features of the Platform, Platform Users represent and warrant that they are eighteen years of age or older and have the capacity to enter into legally binding contracts.

1. General Use of the Platform

The Platform contains areas in which you or other Platform Users may have access to post or submit or compose information, including text, photographs, images, documents, or other data and information (herein, “User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.

When using the Platform, you agree that you will:

Only post User Content to the Platform that is directly relevant to the academic records of students for which you have legal authority, or have explicit permission from a person who has verifiable legal authority.
Only post or submit the most accurate information regarding student academic records, home school support groups, and related data.
Not post on the Platform, or transmit to other Platform Users, or Visitors, or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Not use any of the Home School Data Bank Platform to violate any applicable law and do not post or send any content or engage in any conduct that subjects any Home School Data Bank Platform User or Us to any threat of civil or criminal penalties.
Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computers or to any parts of the Home School Data Bank Platform.
Not advertise to or solicit other Platform Users to buy or sell any products or services. Any attempt to collect or use email addresses from Platform Users and email individual Platform Users or groups of Platform Users other than for the purpose of communications that are directly related to and about your use of the Home School Data Bank Platform.
Not impersonate any parent or legal guardian or misrepresent your legal ability to represent any student(s) for which data is recorded in the Home School Data Bank Platform.
Allow home school support group administrators - of such a group of which you are a verified member within the Home School Data Bank Platform - to access your Home School Data Bank account for purposes of assisting you with academic record-keeping tasks. NOTE: This access is made possible to group administrators using Platform features. They will never need to know your account login credentials, including password.
Not share your Home School Data Bank Account with any other Person. This includes not sharing your Account login credentials with anyone, including home school support group administrators.

You further agree that:

You assume all liability for your use of any information appearing on any part of the Home School Data Bank Platform.
You will not misrepresent your affiliation with, or legal standing with, any home school support group. You will not establish, or attempt to establish, any home school support groups within the Home School Data Bank Platform for which you have no legal standing or formalized affiliation.
You are solely responsible for your communications and relationship with other Platform Users, including but not limited to any administrators of any home school support group of which you are a verified member.
Home School Data Bank has the right but not the obligation to monitor use or access to the Platform in order to ensure the security of Platform Users generally and/or the Platform itself and constituent components thereof, or to ensure compliance with these Terms and/or compliance with any applicable laws, rules, regulations, or order from any legal authority. You agree to cooperate with and assist Home School Data Bank in good faith, and provide any related information and take any other actions reasonably requested by Home School Data Bank regarding any investigation by Home School Data Bank or any legal authority regarding your use of the Home School Data Bank Platform.
If you believe in good faith that a Platform User is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report such to Home School Data Bank management and, as may be the case, to the relevant legal authorities. Any report made to Home School Data Bank management and/or legal authorities however shall not obligate Home School Data Bank management to respond in any particular way except as may be required by law.

2. Eligibility

Your Home School Data Bank Account is for your sole, personal use. You may not authorize others to use your Account, and you may not assign or otherwise transfer your account to any other person or entity.

3. Platform User Accounts

In order to register with the Platform, you must first create an Account by providing the personal information requested (including without limitation first and last name and email address). Members must keep their Account information up-to-date at all times. Home School Data Bank shall under no circumstances be held responsible for information communicated by Platform Users that may be erroneous or fraudulent. Upon registration, you must be eighteen (18) years of age at the time you register your account. In addition, a Platform User Account is for that User's sole, personal use, and Accounts may not be created for business, academic institutions, or for other commercial purposes.

Home School Data Bank reserves the right to refuse (without justification, without explanation, and without recourse or compensation) the registration of, or disable and revoke access of, any Platform User Account for any reason, at any time, in its sole and absolute discretion.

Upon registration, Platform Users will select an email address and Password to use as account credentials. The Password can only be changed at the User's request. Each User is solely responsible for his or her account credentials and agrees to keep them confidential and not to disclose them to anyone, for any reason. Each User shall be solely responsible for any third-party use of a User’s account credentials and for any actions or statements made through his or her Account by a third party, whether fraudulent or not, and shall indemnify Home School Data Bank against any claim relating thereto. Moreover, Home School Data Bank shall not liable for any identity theft of any User. If a User has reason to believe that a third party is fraudulently using the User’s identity or is otherwise using the User’s account in an unauthorized manner, the User must immediately inform Home School Data Bank. In the event of loss or theft of a account access credentials, including Password, the User must immediately change his or her credentials, including Password, and the User shall be solely responsible for any losses relating to such loss or theft.

You agree to only create and/or use one user Account with Home School Data Bank. Any exception to this rule must be granted with Home School Data Bank's prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.

Platform Users' use of the Services provided on the Platform shall not be construed as creating any employee/employer relationship, and Platform User is not participating as an agent, joint venture, or partner of Home School Data Bank for any reason, and that all Platform Users are acting exclusively on their own behalf and benefit and not those of Home School Data Bank. Home School Data Bank does not in any manner control or direct any Platform User and each Platform User acknowledges and agrees that he or she has complete discretion on whether to operate the Platform services for any reason, including but not limited to posting any information, composing or creating information, uploading photos, uploading documents, creating home school support groups, assisting other Platform Users with administrative or record-keeping tasks, or creating and managing student academic records and related data whether for own children/students or those of others.

4. Platform and User Content For Limited Purposes Only

The Home School Data Bank Platform is a service offered by Smart Access IT, Inc., a private organization, and all tools and information that is exclusively available to Platform users is private and not in the public domain. All Platform tools and constituent services are made available exclusively to Platform Users for the sole purpose of storing academic records and related data for elementary, middle school, and high school students for which Platform Users have sufficient legal authority or written permission from those who have legal authority. ANY OTHER USE IS EXPRESSELY FORBIDDEN AND GROUNDS FOR TERMINATION OF ACCESS TO THE PLATFORM.

The Platform shall not be used for any solicitations or for any commercial use by Platform Users. Data mining of information from the Platform and/or collecting or storing personal information about Platform Users is strictly prohibited. Any attempt to collect or use personal information from Platform users or contacting Platform Users other than for purpose directly related to, and about, academic record-keeping for directly relevant students is in violation of these Terms.

Inquiries and communications amongst platform users may be monitored and filtered by Home School Data Bank prior to delivery to Platform Users. Home School Data Bank is not responsible for undelivered inquiries or for missed income or other missed opportunities as a result of undelivered messages.

Home School Data Bank system administrators, including Smart Access IT, Inc. staff, shall have the right to remove any such content that, in our sole discretion, violates, or is alleged to violate, the law or these Terms. Notwithstanding this right, you remain solely responsible for the content of the material you post to the Platform or create in the Platform, and communications you exchange with other Platform Users.

5. Email and Prohibitions Against Spam

You hereby consent to receive email from the Platform and from Home School Data Bank support or management staff. The Home School Data Bank Platform uses email as a primary means of communication with you. The Platform's first email to you will verify the email address you provide during the account registration process. This initial email message may be in the form of an Invitation sent by one of our existing Platform Users. Beyond that initial email, the platform will automatically send email messages to you for purposes of notifying you of various events or activity related to your account.

Home School Data Bank does not participate in or tolerate the sending of irrelevant commercial email ("SPAM"). Home School Data Bank reserves the right to cancel (without refund) the account of any Platform User that falsely claims or implies endorsement by or affiliation with Home School Data Bank or Smart Access IT, Inc., or any of its Websites in any SPAM message. Home School Data Bank reserves the right to cancel (without refund) the account of any Platform User that uses Home School Data Bank to send any solicitations other than Invitations to join the Platform using the Platform's Invitation Management features, or exchange requests or replies using the Platform's private messaging system. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold Home School Data Bank and Smart Access I.T., Inc. harmless from and against any and all costs and damages incurred by Home School Data Bank as a result of any such violations.

6. Warranty Disclaimer

Use of the Platform and any information obtained from the Platform is at your sole risk. Home School Data Bank makes no guarantees or warranties, either express or implied, regarding any features, content, or services available through the Platform. Home School Data Bank makes no warranty of any kind, express or implied, as to the validity or accuracy of information contained on the Platform, including, but not limited to, non-infringement. Home School Data Bank has the right, but not the obligation, to pre-screen, monitor or remove any User Content. Home School Data Bank uses various tools and procedures designed to screen Platform Users; however, Home School Data Bank does not perform background checks, require references or accept any obligation to independently verify the information posted or created by its Platform Users. Home School Data Bank makes no representations or warranties as to the conduct of Platform Users, or the accuracy or validity of information published on or through the Home School Data Bank website.

You assume all responsibility and risk for your use of and reliance on the Home School Data Bank Platform and any information obtained from or through the Platform. Your use of the Platform is voluntary and at your own risk. Some Services may carry inherent risk, and by participating in such Services, you choose to assume those risks voluntarily. The Platform and any feature on the Platform is provided on an “as is,” “as available” basis. Smart Access IT, Inc., and its subsidiaries and affiliates and their respective officers, directors, employees, agents, and licensees (the "Home School Data Bank Parties") make no representations or warranties of any kind, express or implied, as to the accuracy of any information included on the Platform, the operation of the Platform or the information, content, features, materials, or products included therein.

To the fullest extent permitted by applicable law, the Home School Data Bank Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

Home School Data Bank cannot guarantee the continuous and uninterrupted availability or accessibility of the Platform. Home School Data Bank has the right to restrict or limit the Platform as may be needed to protect its servers, or otherwise carry out maintenance tasks and operations.

Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.

Home School Data Bank does not guarantee the accuracy, completeness, or usefulness of any information on the Platform and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Platform or transmitted to Platform Users.

7. Liability

Home School Data Bank Parties will not be liable for any damages of any kind arising from the use of the Platform or the accuracy of any information included thereon, including but not limited to direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages or damages resulting from loss of use, data, profits, goodwill, or business interruption or for any damages for personal or bodily injury, or emotional distress, arising out of or in any way connected with these Terms, the use (or inability thereof) of the Platform, your communication or meeting with other Platform Users, whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if Home School Data Bank has been advised of the possibility of such damages and even if any limited remedy set forth herein is found to have failed its essential purpose.

Except as may otherwise be expressly provided for herein, in no event will Home School Data Bank’s aggregate liability arising out of these Terms and Members’ use of the Platform exceed the amounts a Member has paid Home School Data Bank, or one hundred U.S. dollars (US$100.00) if no payments have been made.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Home School Data Bank and each Platform User.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Home School Data Bank Parties will be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to indemnify and hold harmless the Home School Data Bank Parties, from any injury or damage suffered directly or indirectly as a result of the use of the Platform including but not limited to: (i) any claims for injury or damage to person or property (ii) a violation of these Terms of Use or Privacy Policy by you or anyone using your computer (or Account, where applicable); (iii) a claim that any use of the Platform by you or someone using your computer (or Account, where applicable) infringes any right of any third party; (iv) any misrepresentation by you or misuse of the Platform; (v) any claims arising out of any interaction you have with another Platform User, whether within or without the scope of the Platform, including without limitation any breach of these Terms or any other agreement to be performed by you; or (vi) your breach of any laws, rules or regulations of any applicable jurisdiction. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

9. Arbitration Agreement

If you have a problem or dispute with Home School Data Bank, you agree that you will first give Home School Data Bank an opportunity to resolve your problem or dispute. For avoidance of doubt, this Section applies to problems or disputes between you and Home School Data Bank arising from these Terms or our Privacy Policy, and not any dispute between you and other Platform Users. You may send a written description of your problem or dispute to: Support@HsDataBank.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Home School Data Bank’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.

To the extent permitted by applicable law, by agreeing to these Terms and by using the Platform, you agree that any dispute between you and Home School Data Bank, which arises out of or is related to these Terms or our Privacy Policy and is not resolved satisfactorily within sixty (60) days, shall be resolved by arbitration ("Arbitration") conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in San Bernardino County, San Bernardino, California, using the American Arbitration rules of Commercial Arbitration (the "Applicable Rules"). The Applicable Rules can be found at www.adr.org/commercial.

YOU AND HOME SCHOOL DATA BAND AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

Either you or Home School Data Bank may seek any interim or preliminary relief from a court of competent jurisdiction in San Bernardino, California necessary to protect the rights or intellectual property of you or Home School Data Bank pending the completion of Arbitration.

The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must include a written explanation and will remain confidential.

If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.

This section shall survive any termination of the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in San Bernardino County, California. You and Home School Data Bank agree to submit to the personal jurisdiction of the courts located within San Bernardino County, California for the purpose of litigating all such claims or controversies.

The parties shall be bound by the results of the Arbitration and the Arbitration result shall be final. You agree to service of process by email to the email address you register with the Platform. The parties shall initially both bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator's fees. VOID WHERE PROHIBITED.

The Platform and its contents are intended to comply with the laws and regulations of the United States. Home School Data Bank reserves the right to limit the provision of its services to any person, geographic region, or jurisdiction and/or to limit the quantities of any services we provide.

10. Waiver of Jury Trial; No Class Actions

Home School Data Bank and each Platform User acknowledges and agrees that they are waiving the right to a trial by jury as to all disputes subject to arbitration.

Home School Data Bank and each Platform User acknowledges and agrees that each waives the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, no arbitrator assigned may preside over any class or representative proceeding. If this paragraph is deemed unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement shall be deemed void with respect to such dispute.

11. Governing Law

These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of California, U.S., without respect to its choice of law principles.

If a dispute arises between any Platform Users regarding the Platform, any legal action will be brought exclusively in San Bernardino County, San Bernardino, United States of America.

12. Severability

If any part of these Terms is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect.

13. No Waiver

No failure or delay by Home School Data Bank in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

14. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

15. Assignment

Home School Data Bank may assign its rights to this Agreement without your prior consent and without prior notice to you. You may not assign these Terms without the prior written consent of Home School Data Bank.

16. Modification

Home School Data Bank reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms of Use whenever accessing or using this site.

17. Entire Agreement

These Terms (including the Privacy Policy) constitute the entire agreement between Home School Data Bank and you with respect to the subject matter hereof and thereof. These Terms (including the Privacy Policy) supersede all prior or simultaneous representations, discussions, negotiations, letters, proposals, agreements, exchanges, and understandings between you and Home School Data Bank with respect to the subject matter hereof and thereof, whether written or oral.

18. How to Contact Us

If you have any questions or concerns about these Terms, please contact us by email at Support@HomeSchoolDataBank.com or write us at:

Home School Data Bank
C/O Smart Access IT, Inc.
PO BOX 8966
REDLANDS CA, 92375