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Terms of Service

These terms set forth our legal obligations to each other as you use of our services.

Last Updated 3/21/2019

Please Read Carefully Before Using This Website:

Supervision Assist, LLC (“The Company”) maintains this site for information and communication purposes. This webpage contains the Terms of Service governing your access to and use of the Supervision Assist (SA) (the “Website” or “Site”). If you do not accept these Terms of Service or you do not meet or comply with their provisions, you may not use the Site.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE.  BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN (“TERMS OF SERVICE” OR THE “AGREEMENT”). IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS. THE TERM “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ORGANIZATION (IF ANY).

For users who are registered with the Site, your use of the Site shall be subject to (i) certain designated terms in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the “I AGREE TO THE TERMS OF SERVICE” button at the end of these Terms of Service.

IF THESE TERMS OF SERVICE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

2. Changes to Terms

The Company may, at any time, for any reason and without notice, make changes to (i) this Site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Site. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you need to review the Terms of Service upon which access and use of this Site is conditioned. By your continuing use of the Site after changes are posted, you will be deemed to have accepted such changes.

3. United States Only

The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. The Company makes no representation that the information, opinions, advice or other content on the Site (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Site, or the design or layout of the Site or individual sections of it, in any form or media.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy at https://app.supervisionassist.com/pages/privacyfor information on how The Company collects, uses and discloses personally identifiable information (“PII”) from its users. You agree not to submit or transmit any e-mails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. The Company shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Service, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The reproduction, transmission or distribution of any information, available through the Site to unregistered users without the prior written consent of The Company is strictly prohibited.

5. Intellectual Property

The materials at this Site, as well as the organization and layout of this site, are unless otherwise indicated, the property of The Company and are the Site and all content (other than customer provided materials), including, without limitation, the The Company trademarks, logos, and all designs, text, graphics, images, information, data, software, documentation, sound files, other files and the selection and arrangement thereof are the property of The Company and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws and treaty provisions. You may access, download and print materials on this Site as part of the supervision process. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of this Site on any other website without the prior written permission of The Company.

The Company respects the intellectual property rights of others and expects our users to do the same. If you believe content at the Site or that your work made available on the Site has been copied in a way that constitutes copyright infringement, please contact us at [email protected]

Contributions to the development of SA by its community of users is encouraged. SA development of training materials is dynamic, constantly being modified to improve the experience of supervision. The improvements will come from the developers of SA as well as from SA’s community of users. Any user of SA that is approved to add new training material to SA must agree that the training content could be used by other SA community users. As new ideas and content are added by the community of SA users, then all community users may benefit from links to new resources of training materials. Of course, recognition will be provided to the developers of the new training content.

6. Links

For your convenience, we provide links to various other websites that may be of interest to you and for your convenience only. However, The Company does not control such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use of any other company or website you may link to from our Site. These Terms of Service apply only to The Company’s Site and the products and services The Company offers. The Company reserves the right to terminate any link or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

7. Prohibited Use

As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not access any The Company resources other than those approved for your use as a User. You may not engage in any downloading, uploading, harvesting, scraping, capturing, or otherwise access in any other fashion administrative portions of the Site unless explicitly authorized by The Company in a separate writing.

The following actions are specifically prohibited: (a) any resale, republication, duplication, reproduction, lease or rental of the Site or the materials therein; (b) the distribution, public performance or public display of any materials owned by The Company; (c) modifying or otherwise making any derivative uses of the Site or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, offline readers, data mining tools, or the like to download data from the Site or to cause an overload of The Company servers ; (e) downloading (other than page caching) or copying any portion of the Site or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to The Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Site nor to use the communication systems provided by the Site for any commercial solicitation purposes; (h) use of any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site other than for its intended purpose; or (j) making the Site available to third parties or otherwise provide other entities with the ability to distribute their materials through the Site with The Company’s prior, explicit written permission.  Any use of the Site other than as specifically authorized herein, without the prior written permission of The Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You may not transfer or assign your rights under this Agreement to any third party and any attempt to do so shall be void.

The Site, including without limitation any Supervision Assist software, shall only be distributed to end users by The Company through the platforms selected by The Company, utilizing in every case a form of license acceptable to The Company.  Violation of the provisions of this Section may result in revocation of your access to the Site, or any part thereof, without refund.

8. Spamming

Gathering email addresses from The Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.

9. No Warranties

THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH The Company EXPRESSLY DISCLAIMS. The Company DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND The Company WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE. The Company MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY The Company. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Service shall be governed in all respects by the laws of the State of Florida USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Service, the Terms of Service will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. Any action to enforce the provisions of these Terms of Service may be brought solely against The Company in the state and federal courts with jurisdiction in and for Lee County, Florida, and then only to enforce the provisions of Section 17 relating to arbitration.

11. Separate Agreements

You may have other agreements with The Company. Those agreements are separate and in addition to these Terms of Service. These Terms of Service do not modify, revise or amend the terms of any other agreements you may have with The Company. Those agreements, together with this Agreement, and the Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Site and any acts or omissions of The Company and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.  In the event of conflict between this Agreement and any other agreements you have with The Company, the other agreements shall control.

12. Copyright Policy and Copyright Agent

The Company respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  4. Address, telephone number, and, if available, an electronic mail address where we may contact you.
     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
 

The Site’s Copyright Agent can be reached at:

Tyler Gibson, COO
1792 Wynkoop St. Unit 501
Denver, CO 80202
United States
[email protected]

13. U.S. Resident, EU Subject

You represent that you are a United States resident. If The Company gathers personal information from EU data subjects on your behalf, you agree that such data may only be processed for limited and specified purposes consistent with consent provided for such data by the data subject and that you will provide the same level of protection as is required by the EU-U.S. Privacy Shield Principles, as amended from time to time.

14. No Professional Advice

The information available on the Site is intended to be helpful to trainees involved in a supervision experience. This Site is not intended for use by minors. Nothing presented on the Site should be considered medical advice of any sort.

15. Users Disputes

You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions and Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify The Company or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to The Company by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted The Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas of Site. Copyright material may be added to Site with permission from the owner of the material. 

Some of the forums (individual bulletin boards and posts on Site blogs, for instance) on the Site are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Company has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

The Company reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service.
  • Terminate a Member’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Service.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the The Company Site, regardless of whether such communication(s) violate these standards.

The Company reserves the right to take any action it deems necessary to protect the personal safety of our members/users or the public. The Company has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any The Company confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Service or this Site shall be resolved by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Florida, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

18. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. The Company SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF The Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY The Company. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL The Company BE LIABLE FOR DAMAGES IN EXCESS OF THE ANNUAL FEES THAT YOU PAID TO The Company DURING THE YEAR PRECEDING THE ACT OR OMISSION OUT OF WHICH SUCH LABILITY ARISES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH\, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

19. Indemnity

You agree to defend, indemnify, and hold The Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service or use of our Site.

20. Accounts and Security

The Company does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.  You shall be solely responsible for establishing and maintaining a connection to the Internet in order to use the Site.

If you have been provided by a registration key by The Company or an authorized party you may open an account by completing the information on the registration pages of the Site. As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide The Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account.

You may not:

  • select or use a Login Name of another person with the intent to impersonate that person;
  • use a Login Name subject to the rights of any other person without authorization;
  • use a Login Name that The Company, in its sole discretion, deems inappropriate or offensive.

You shall notify The Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password.

You agree that you will only submit information that you believe to be true and you will not purposefully provide false or misleading information.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at The Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

You further agree that you will not: Modify, adapt, translate, or reverse engineer any portion of the Site; Take any action that creates an unreasonably large load on our IT infrastructure;  Use the Site to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;  Create user accounts by automated means or under false or fraudulent pretenses; or Collect information about other users for any improper purpose.

The Company maintains data on the Site for a minimum of 5 years. Academic institutions, supervisors, and trainees can get access to their data by printing out hardcopies of reports or requesting an electronic download of the information by contacting The Company at [email protected]

21. Confidentiality

You acknowledge that your use of the Site may result in The Company disclosing certain of its Confidential Information to you.  “Confidential Information” refers to certain information that The Company reasonably regards as proprietary or confidential relating to its business, customers, products, proposed products, plans, inventions, processes and techniques, including without limitation: (i) information, software, designs, text, graphics, pictures, reviews, and sound files implemented or used by The Company in its products or to support its business operations; (ii) trade secrets, business plans, strategies, methods and/or practices; (iii) computer systems architecture and configurations; (iv) information which is governed by any now-existing or future non-disclosure agreement between you and The Company; (v) any other information relating to The Company that is not generally known to the public, including information about government investigations and actions (where disclosure is permitted) personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; (vi) any and all analyses, compilations, or notes prepared which contain or are based on any of the above information; and (vii) any information posted by other users.

You agree to hold in confidence and not use or disclose any Confidential Information except in accordance with this Agreement.  You may disclose Confidential Information, on a need-to-know basis, to your personnel who have agreed in writing to non-disclosure terms at least as protective as the provisions of this Section, for purposes permitted in this Agreement, subject to the condition that you shall be liable for their breach of this Section.

The obligations set forth in this Section do not apply to Confidential Information that (i) is in or enters the public domain without breach of this Agreement, (ii) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (iii) the receiving party knew prior to receiving such information from the disclosing party or develops independently without access or reference to the Confidential Information, (iv) is disclosed with the written approval of the disclosing party. Notwithstanding the Confidentiality Obligations set forth in this Section, each party may disclose Confidential Information of the other party as permitted by law (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law but only after alerting the other party of such disclosure requirement and, prior to any such disclosure, allowing (where practicable to do so) the other party a reasonable period of time within which to seek a protective order against the proposed disclosure, or (ii) on a “need-to-know” basis under an obligation of confidentiality substantially similar in all material respects to those confidentiality obligations in this Section to its legal counsel, accountants, contractors, consultants, banks and other financing sources.

You agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to The Company and that, in the event of such breach, The Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

22. Assignment

This Agreement may not be assigned by you without the prior written approval of The Company, and any attempt to do so without such prior written approval shall be void but may be assigned without your consent by The Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

23. FERPA Compliance

For the purposes of this Agreement, the term “Data” shall include all PII and other non-public information.  Data includes, but is not limited to, student data, metadata, and user content.

The Company may use de-identified Data for product development, research, or other purposes. De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, The Company agrees not to attempt to re-identify de-identified Data and not to transfer de-identified Data to any party unless that party agrees not to attempt reidentification. Data may not be used for any purpose other than the specific purpose(s) outlined in this Agreement.  The Company will only collect Data necessary to fulfill its duties and providing services as outlined in this Agreement, and for improving services under this Agreement.

You agree that you are fully responsible for the security of Data in your possession.  You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any PII in your possession.  You agree that at all times you shall be compliant with the Family Educational Rights and Privacy Act of 1974 (“FERPA”) requirements, as applicable. The steps you will need to take to comply with FERPA when using the Site will vary based on your implementation. If The Company believes that it is necessary based on your use of the Site and The Company requests it of you, then you will promptly provide us with documentation evidencing your compliance with FERPA. You also agree that you will use only FERPA compliant service providers in connection with the storage, or transmission of PII.

24. HIPAA Compliance

You are fully responsible for the security of data on in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any protected health information (PHI) in your possession. You agree that at all times you shall be compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) HITECH requirements, as applicable. The steps you will need to take to comply with (“HIPAA”) and HITECH when using the Site will vary based on your implementation. If The Company believes that it is necessary based on your use of the Site and The Company requests it of you, then you will promptly provide us with documentation evidencing your compliance with HIPAA and HITECH. You also agree that you will use only HIPAA compliant service providers in connection with the storage, or transmission of PHI. Information on the HIPAA rules can be found on the HHS website. It is your responsibility to comply with these standards.

25. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company.

26. Waiver

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

27.  Force Majeure

If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.

28. Severability

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.  If there is any overlap or similarities with other previous agreements between you and The Company, these Terms of Service shall supersede those other agreements.

Contact Us

If you would like to request additional information regarding these Terms of Service, please contact us.

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