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User Agreement

This USER AGREEMENT (the “Agreement”) describes the conditions of use and limits of application for myIGDIs, a set of assessment materials (the “Products”) and online data managements systems (the “Services”) for teachers, schools, school districts, and other individuals or educational agencies. This Agreement is between EARLY LEARNING LABS, INC. (the “Company”) and any individuals or groups using the Products and Services, defined in this agreement as the “User(s)”, or subscribing to the Services, defined in this agreement as the “Subscriber”.

 

PLEASE CAREFULLY READ THIS AGREEMENT BEFORE PROCEEDING WITH REGISTRATION, OR ACCESSING, USING OR SHARING THE PRODUCTS OR SERVICES. BY USING OR PURCHASING THE PRODUCTS OR SERVICES INDICATES YOU HAVE ACCEPTED THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD DECLINE FURTHER ACTION AND MAY NOT PURCHASE, ACCESS, USE, PRINT, OR SHARE THE PRODUCTS OR SERVICES AS DESCRIBED IN THIS AGREEMENT.

 

Purpose: myIGDIs is a set of assessment tools, designed to provide teachers, parents and other Authorized Users (as defined below) with specific information, and the infrastructure, for monitoring children’s growth and development. Collectively, the myIGDIs tools include all incorporated stimulus images and materials, administration formats, scoring procedures, associated training materials, instruction guides, online reports and student information management systems.

 

myIGDIs provides information about a decision-making approach to assessment and intervention for individual children used within a decision-making model. The Online Reporting System provides resources for creating data management resources for school districts or organizations, teachers or parents, and children, and for entering and managing data collected for individual children across extended periods of time.

 

The Company intends the Products and Services to be used to design, implement, and manage a comprehensive assessment and decision-making program for preschool-aged children and elementary students. Additionally, the Company assumes that these resources and materials will support effective developmental and educational practice, and will contribute to improved outcomes for individuals and groups of children.

 

Authorized Users: Users must be authorized for purposes of this Agreement.

  • Authorized Users of the Products include: Teachers, school principals, site coordinators, assistant principals, reading specialists, reading coaches, early childhood coordinators, and school district representatives.
  • Authorized Users of the Services include: The original Service’s account creator/purchaser/owner (the “Subscriber”) or representatives who are formally affiliated with the Subscriber and permitted by the Subscriber to access the services by secure authentication.

 

The Subscriber represents and warrants that it will: (a) ensure the security and integrity of the Products and Services; (b) ensure that access and use of the Products and Services is limited to Authorized Users; (c) ensure that all Authorized Users are notified of and comply with the usage restricts set forth in this Agreement; (d) ensure that passwords are issued only to Authorized Users and that neither the Subscriber nor its Authorized Users divulge any passwords to any third party; and (e) notify the Company of any unauthorized use of the Products or Services and take corrective actions to ensure that such activity ceases and to prevent any recurrences.

 

Access: Users must access the myIGDIs Online Systems, the Services, from the following World Wide Web address: http://online.myigdis.com. Secure access to the myIGDIs Online System will be authorized by username/email address and password.

 

Users must be specially permitted to use the Products and Services by an affiliated Authorized User or Subscriber. For use of the Services, the Subscriber or an Authorized User must first grant a User authorization and assign User with a “User Role”. User Roles include: Classroom Admins, School Admins, and District Admins. Classroom Admins have access to their class data and reports solely; School Admins have access to all data and reports in their school; and District Admins have access to all data and reports in their school district. Users can not share access with unauthorized Users or persons.

 

All Users must be properly trained by a professional before using the Products and Services.

 

Shared access: The Subscriber is responsible and liable for the actions of any individual, group, Authorized User or un-Authorized User provided access to the Products and Services.

 

Ownership & Authorization: All Product and Services are protected by copyright. The Company grants to Users a limited, non-exclusive, non-transferable, and revocable authorization to access, enter educational data (the “User Data”), view, print, and use these Products and Services for the limited purposes of assessing growth and development, describing educational interventions, or conducting educational and/or developmental research. This authorization assumes the User will not create derivate works, sell or otherwise profit from distribution of these materials that would infringe the copyright or other property rights therein.

 

Users agree that the Products and Services will not be:
(a) used for any “for-profit” commercial activities, unless specifically agreed in writing by the Company, including any use of Company trademarks;
(b) copied, duplicated, modified, translated, adapted, publicly displayed, or publicly performed without the express written consent of the Company;
(c) downloaded, transmitted, or re-transmitted or transferred for the purpose of evading the prohibition on copying, duplication or modification;
(d) sold, transferred, conveyed, pledged licensed, or sub-licensed;
(e) reverse engineered, decompiled, disassembled or subject to efforts to derive source code for any software and/or computer code components of the Products; or
(f) exploited for any purpose different from or contrary to the rights and interests of the Company or inconsistent with the stated terms and purposes of this Agreement.

 

Copyrights & Trademarks: The Company owns or owns the exclusive license to the copyrights and trademarks associated with all Products and Services. This includes all stimulus images and materials, administration formats, scoring procedures, associated training materials, instruction guides, and website code, code log, images, logos, forms, reports, and databases unless otherwise noted. Copyright notices, other notices or disclaimers included in the Products and Services may not be removed, obscured or modified in any way.

 

Privacy & Security: The Company has taken reasonable actions, including use of encryption and firewalls, to ensure that any data and information of Users are disclosed only to those designated by the User. However, Users acknowledge that the Internet is an open system and the Company cannot and does not warrant or guarantee that third parties will not intercept same. Additionally, it is the responsibility of the User, not the Company, to update and maintain passwords and access credentials. Lost or stolen data due to insufficient security protocols of the User are also the responsibility of the User, and not the Company.

 

User Data entered into the Services by Users will be stored by the Company in one or more password-protected servers. The Company will provide the User with one or more service accounts and associated passwords that are distinct from the accounts for other users of the Service and that allow Customer’s personnel to access its Customer Data through the Service during the term of this Agreement. Internet transfers of User Data between the User and the Services will occur only through encrypted protocols. As part of the Service, the Company may make and store backup copies of User Data both onsite and offsite in secure locations accessible only to the Company.

 

Secondary Use of Data: Unless the User indicates otherwise, the Company may access, analyze, publish and otherwise use User Data for or in connection with research, development and related purposes (collectively “Research Use”) during and following the term of this Agreement, but only in compliance with the provisions of the Family Educational Rights and Privacy Act (“FERPA”). Accordingly, the Company will remove “personally identifiable information” prior to Research Use of the User Data. The Company will not in any event release or publish the identity or name of any student, teacher, school or school district that the Company obtains through the use of User Data other than to the User.

 

Consent: It is the responsibility of the User, not the Company, to obtain any consent that may be necessary to assess and collect data using the Products and Services. Make sure you have obtained all necessary consents and authorizations to grant such use.

 

Limitations of Liability: THE COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, INCURRED BY THE USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID TO THE COMPANY UNDER THE AGREEMENT. THIS LIMITATION APPLIES REGARDLESS OF WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS. USER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

 

The Users maintain all responsibility for collecting child data, maintaining appropriate restrictions for accessing such data, gathering and interpreting reports of the data, and developing, implementing, and evaluating developmental, educational, or other interventions on the basis of these data. The User assumes all liability for decisions made using the Products and Services, and the Company has no liability therefor. The Products and Services are not intended to “diagnose” children of learning disabilities. The Products and Services are only meant to generate and track data.

 

Indemnification: You agree to defend, indemnify and hold harmless the Company and its officers, agents, employees, licensors and service providers from any and all claims, liabilities and expenses, including, without limitation, attorneys’ fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of any material or information that you may post or transmit on or through the site, any breach by you of this User Agreement or applicable law or your violation of any rights of the Company or a third party.

 

Modifications to this User Agreement: The Company reserves the right to modify this Agreement, and the software or policies associated with the Products and Services at any time without advance notice to Users. Any modification shall take effect immediately when same is posted to www.myigdis.com. Users may not assign, sell, distribute, lease, rent, sublicense, or transfer the Products granted to Users herein or disclose the Products to any other person. Users continued use of the Products following any modification shall be conclusively deemed an acceptance of all such modification(s). The Company reserves the right to modify, suspend or discontinue the Products, Services or any portion thereof at any time. The Company may also impose limits on certain features and services or restrict User access thereto without notice or liability.

 

Payment Terms: Pay, upon checkout or invoicing, the listed pricing and any applicable taxes, duties, fees, excises or other charges. All amounts payable hereunder by the User are non-refundable and non-creditable. All amounts payable hereunder shall be payable in United States funds. All prices are subject to change at any given time.

 

Subscription Charges: myIGDIs Online Services are based on per student, per year fees. Each subscription is valid for one year, beginning August 15th and ending the following Aug 14th. At the end of the yearlong subscription, the User Data will become read-only. Services must be renewed in order to maintain access to User Data and the Service under this Agreement. Subscription services must be renewed on an annual basis.

 

Termination: This Agreement may be terminated on the first to occur of the following:

  • Termination of Agreement. In the event the Company and the Subscriber shall mutually agree in writing, this Agreement may be terminated on the terms and date stipulated therein.
  • Early Termination for Unauthorized Use. In the event of any unauthorized use of the Products or Services, the Company may suspend access and terminate this Agreement upon ten (10) business days’ notice to the Subscriber if the unauthorized use is not remedied to the satisfaction of the Company within such notice period.
  • Early Termination for Convenience. The Company may terminate this Agreement for its convenience at any time by written notice.Upon termination of this Agreement neither party shall have any further obligations hereunder, except for obligations accruing prior to the date of termination. Under no circumstances is the Company obligated to issue the User or Subscriber a refund. All payments are final unless otherwise determined by the Company.

 

Assignment & Sublicense: The Company maintains its right to sublicense the Services and transfer or assign this Agreement without the consent of the User (or Subscriber). In the event that the Company grants a sublicense, transfer or assignment of the Services to an outside entity, that entity is then responsible for maintaining the Services and upholding the terms of this Agreement.

 

Severability: If a court of competent jurisdiction adjudges a provision of the Agreement to be unenforceable, invalid, or void, such determination is not to be construed as impairing the enforceability of any of the remaining provisions hereof and such provisions will remain in full force and effect.

 

Support: At no additional charge, the Company will provide limited telephone and e-mail support, but each form of support is provided “AS IS” and “AS AVAILABLE” basis and Users acknowledges that use of such support is at the sole risk of the User. The support services may be changed at any time without notice to User or may be discontinued in the sole discretion of the Company.

 

Service Maintenance: At any given time the Company can perform server and system maintenance to ensure the quality and integrity of its Services. During maintenance, Users may be unable to access User Data.

 

Copyright Notice: This Site and all materials contained herein are Copyright © 2015 Early Learning Labs, 1200 Energy Park Drive, Suite 225, Mendota Heights, MN 55120. All rights reserved.

 

Reservation of Rights: Any rights not expressly granted herein are reserved.

 

Questions: Questions about this User Agreement should be directed to info@myigdis.com.

 

This User Agreement was last updated on May 11, 2015.

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