Terms and Conditions Agreement
Last updated: April 12, 2022
The following Terms and Conditions shall apply to all users of RAS Technology Consultants, Inc.’s services and its Website. Please read these terms and conditions carefully prior to using our services.
1. Definitions
The following terms used in this Terms and Conditions Agreement shall have the following meanings:
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to RAS Technology Consultants, Inc., 2 Otter Creek Road, Skillman NJ 08558.
• Service refers to the Website.
• Subscription refer to the services or access to the Service offered on a current annual subscription basis by the Company to You during the Subscription Period set out in Paragraph 3 of these Terms and Conditions.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to PSCB Development, accessible from https://pscbdevelopment.com
• You and Your refers to the individual user, whether a real person or a legal entity, accessing or using the Service.
2. Your Acknowledgment and Representations
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company.
These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
• Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
• By accessing or using the Service, You represent that You have read and agree to be bound by these Terms and Conditions and the Company’s separately stated Privacy Policy.
• You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If the Your Account is in the name of a legal entity, then You represent that You are authorized to use this Account.
• Your use of the Service is subject to the laws and regulations of the United States. You represent that Your use of the Service is for a lawful and legitimate purpose.
• You represent that all information provided in creating and using Your Account is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account.
• You are responsible for safeguarding Your Account information, including username, password, and any security information. You agree not to disclose or share Your password. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
3. Subscriptions
a) Subscription period. The Service or some parts of the Service are available only with a paid annual Subscription. Payment for the yearly subscription is processed by invoice and purchase orders only. At the end of the yearly subscription period, Your Subscription will automatically renew under the exact same conditions unless You cancel it as set forth in Section 3(b) or the Company cancels it.
b) Subscription cancellations. At least thirty (30) days prior to the next billing period, You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. No refunds will be provided for fees paid for the current Subscription period. You will be able to access the Service until the end of Your current Subscription period.
4. Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, by the stated deadline, and with the full payment corresponding to the billing period as indicated on the invoice. Failure to make a manual payment by the invoiced deadline shall result in automatic cancellation of Your Subscription.
5. Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the start of the next Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Continued use of the Service after any fee change constitutes Your agreement to pay all Subscription fees.
6. Intellectual Property
Your Subscription grants you a license during Your Subscription Period to install the PSCB Development plugins software on a single PowerSchool server and use this software.
Your Subscription is not an exclusive license or general sale of the Company’s intellectual property rights. You are prohibited from publishing, distributing, sublicensing, and/or selling copies of the Software. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
7. Links to Other Websites
The https://www.pscbdevelopment.com website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RAS Technology Consultants, Inc and RAS Technology Consultants, Inc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
RAS Technology Consultants, Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RAS Technology Consultants, Inc of the Linked Site or any association with its owners or operators.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
8. Account Termination
We may terminate or suspend Your Account immediately, without prior notice, for any breach these Terms and Conditions.
9. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
10. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
11. Indemnification
To the fullest extent permitted by law You agree to reimburse, indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, shareholders, employees, officers, and directors from and against all loss, damage, expense (including attorney’s fees and expenses), and penalty, and any claim or action therefore by or on behalf of any person, (collectively, “Loss”) arising out of or in connection with Your use of the Service provided including, without limitation, Loss arising out of or occurring in connection with: (i) any acts or omissions by You or Your employees or agents, including, without limitation, personal injury and death claims; (ii) all claims of Your employees, agents, and subcontractors, whether for injury, death, compensation, social security, pension, unemployment compensation, etc.; (iii) the provision, ownership, installation, operation, maintenance, use, or repair of any of the Services; and (iv) all third-party claims alleging that any of the Services infringe any patent, copyright, trademark, or other proprietary right or constitutes a misuse of any trade secret information. You will not be relieved of the foregoing indemnity and related obligations by allegations or any claim that the Company was negligent; but You are not liable to the extent any injury or damage is finally judicially determined by a court of competent jurisdiction to have been proximately caused by the sole negligence or willful act of the Company.
The Company agrees to timely advise You of any suit, claim, or proceeding against You for which the Company is served or receives notice, and to reasonably cooperate with You in the defense or settlement of such suit, claim, or proceeding, but You will have sole control thereof. If an injunction is obtained against the Company’s use of any part of the Service, in whole or in part, by or against You, You must promptly: (i) procure right of the Company to continue Service in full or as modified so that the Company is not subject to any such injunction, or (ii) reimburse to the Company all lost revenue arising from or related to said injunction. If this indemnification provision is construed by a court of competent jurisdiction to require indemnification over and above that permitted by applicable law or public policy, the parties intend that the Agreement be judicially modified to afford the Company the maximum indemnification allowed.
12. Governing Law
Any dispute or claim arising from these Terms or your use of the Service is subject to the governing law of the State of New Jersey and shall be adjudicated in the state or federal courts of Somerset County, New Jersey. Notice or service of process shall be made to RAS Technology Consultants, Inc., 2 Otter Creek Road, Skillman, New Jersey 08558.
13. Disputes Resolution
Prior to initiating any formal action regarding any concern or dispute, You agree to first attempt an informal dispute resolution by contacting the Company within thirty (30) days of discovery of the concern or dispute and to timely provide all facts, documents, and information that would permit the Company to fully investigate and determine the validity of your concern or dispute.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15. Waiver. The failure by the Company to exercise a right or to require performance of an obligation under these Terms shall not effect the Company’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
16. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
17. Changes to These Terms and Conditions
The Company reserves the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, you must stop using the website and the Service.
18. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: pscb@pscbdevelopment.com
By visiting our website: https://pscbdevelopment.com