- 1. General
Vista Learning, NFP owns and operates the Evaluwise.org (and/or Evaluwise.com) website and all content, services, products, computer programs, widgets, available at or through the website, including, but not limited to, Evaluwise® mobile app, which you may use for capturing, organizing, searching, storing, synchronizing, recognizing, sharing and transmitting data regarding teacher evaluations on multiple computer and network platforms, now known or hereafter developed (collectively, the “Service”). Please read this Terms of Service “Agreement”carefully before accessing or using the Service.
If you do not agree to all the terms and conditions of this Agreement, then you may reject the Agreement by immediately terminating all access and use of Service, in which case any continuing access or use of Service is unauthorized.
- 2. Eligibility
Any person using this Service certifies that he or she is lawfully permitted to use the Service under applicable state and federal laws.
- 3. Your Evaluwise.org account
If you create an account through the Service, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account, including activities of others to whom you have provided your account information and password. You must immediately notify Vista Learning of any unauthorized use of your account or any other breaches of security. Vista Learning will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
- 4. License to Access and Use Service
You acknowledge that Vista Learning content (including but not limited to its tradename, logo, text, photographs, computer programs, and other materials)(“Vista Learning Content”) are proprietary intellectual property that are protected under trademark, copyright, and other intellectual property laws. This Agreement grants you a limited, revocable, nonexclusive license to access and use Vista Learning Content solely for use of Service and in compliance with this Agreement. Under no circumstances may you copy, reproduce, alter, modify, reformat, create derivative works from, sell, transmit, distribute or publicly display any of the Vista Learning Content without our prior written consent, which Vista Learning may grant or withhold in its sole discretion. Vista Learning expressly prohibits, and you as User of Service agrees to not make, any: (1) attempt to decompile or reverse engineer any software used in the Service; (2) to transfer the materials to another person or “mirror” the materials on any other server: (3) to remove any copyright or other proprietary notations from the Vista Learning Content; or (4) to data mine, scrape, crawl, or use any robot or other automatic device, script, technology or processes that gather or extract Vista Learning Content from Service.
This license to access and use Service shall automatically terminate if you violate any of these restrictions.
- 5. User Content and Conduct
You acknowledge that you are responsible for all information, data, text, graphics, images, video, audio, files, messages, software, and other content you post, store on, or transmit via Service (hereafter referred to collectively as “User Content”). Vista Learning does not control, is not responsible for, and makes no representations or warranties with respect, to any User Content and User agrees to be entirely responsible for his or her User Content, and any harm resulting therefrom. Notwithstanding the foregoing, Vista Learning shall have the right (though not the obligation) to, in Vista Learning’s sole discretion (i) refuse or remove any User Content that, in Vista Learning’s reasonable opinion, violates any Vista Learning policy or is in any way harmful or objectionable, and may terminate or deny access to and use of the Service to any individual or entity for any reason, in Vista Learning’s sole discretion. In the case of such action, Vista Learning will have no obligation to provide a refund of any amounts previously paid.
For User Content that is covered by intellectual property rights, you specifically grant Vista Learning a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to store any User Content that you post, store, or transmit via Service. This license ends when you delete the User Content or cancel your account for Services. If you delete User Content, Vista Learning will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
You agree to not post, store, or transmit any User Content that is offensive, libelous, defamatory, indecent, harmful, intimidating, threatening, abusive, obscene, pornographic, sexually explicit, or discriminatory. You further agree to not use Service for unauthorized commercial purposes or to post any User Content that involves the transmission of “junk mail” or unsolicited mass mailing or “spamming.” You also agree to not post any User Content that includes information that is false, misleading, inaccurate, fraudulent, deceptive, or that promotes illegal activities. You agree to comply with all federal, state, and local laws regarding use of Service.
- 6. Use of Data and Reporting Features
The Service provides various reporting features which allow you to organize, display and print in various formats information you have entered into the Service. These data and reports may be used as an aid in your planning and decision making. Vista Learning is not liable for any decisions made using these data and reports.
- 7. Billing Terms
Unless you notify Vista Learning at least 60 days before the end of the applicable subscription period, your subscription will automatically renew and you thereby authorize us to collect the then-applicable annual or monthly subscription fee for such Service (as well as any applicable taxes) using any credit card or other payment mechanism Vista Learning has on record for you. Subscriptions may be canceled at any time by notifying Vista Learning by email, phone or mail. If subscription is canceled your access will continue through the end of your subscription period without further automatic renewal, however no refunds will be given.
Users have the option to purchase upgrades to Service such as fees to evaluate additional teachers, rubric formatting or training (any such services hereafter collectively referred as an “Upgrade”). By selecting an Upgrade you agree to pay Vista Learning the monthly, one-time, or annual subscription fees indicated for that Upgrade. Payments will cover the use of that Upgrade for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- 9. Copyright Notifications
Vista Learning will respond to clear and complete notices of alleged copyright infringement that are compliant with the United States Digital Millennium Copyright Act (DMCA), www.copyright.gov). If you believe that content available by means of the Service infringes one or more of your copyrights, please provide us with a written notice containing the information described below to the designated agent listed below.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Service infringes your copyright, you should consider first contacting an attorney.
a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b) Please identify the specific copyrighted work that you believe has been infringed upon;
c) Identify the Web page URL(s) within the Service containing the copyrighted work or intellectual property that you claim has been infringed and, if possible, the contact information for the person you believe responsible for the infringing act in connection with that work. Describe the content on the page(s) you believe infringes upon the work identified in item (b) above, including whether the content is a particular image (and describe it in detail) or written work (including the text of the copyrighted work).
d) Provide your name, mailing address, telephone number and email address.
e) A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your written notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
f) Please send your written complaint to:
Vista Learning, NFP
Attn: Compliance Manager
2705 McDonough Street
Joliet, IL 60436
Fax: (815)744-8396, Attn: Compliance Manager
- 10. Termination and Refusal of Service
You may terminate your use of the Service at any time, with or without cause, with or without notice, effective immediately. Vista Learning may also terminate the Service, or your access to or use of the Service or your account, with or without notice for breach or violation of this Agreement or another Vista Learning Policy governing Service, your request or self-effecting account deletion, an extended period of inactivity (determined in Vista Learning’s sole discretion), your nonpayment of any fees or other sums due Vista Learning or any other party related to your use of the Service, requests by law enforcement or other government agencies, the general shut down or modification of the Service (or any part thereof), or unexpected technical or security issues or problems. In the event of any termination, Vista Learning will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service unless and until the cause for termination is resolved to the satisfaction of Vista Learning. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- 11. Disclaimer of Warranties
The Service is provided “as is.” Vista Learning and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vista Learning nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted, or free from errors, viruses, or other harmful components. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
- 12. Limitation of Liability
In no event will Vista Learning, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vista Learning under this Agreement during the twelve (12) month period prior to the cause of action. Vista Learning shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- 13. Indemnification.
You agree to indemnify and hold Vista Learning, its officers, employees, and agents harmless from any claim, demand, expense, or damage, including reasonable attorneys’ fees caused by your use of Service or violation of this Agreement. You further agree to indemnify and hold Vista Learning, its officers, employees, and agents harmless from and against any third-party claim, cause of action, demand, or damages related to or arising out of your own conduct or activities on, through or related to Service, or arising out of any conduct or activities, on, through or by use of your account, if any. This indemnification includes payment of any attorneys’ fees, expenses, and court costs incurred by Vista Learning, and its officers, employees, and agents.
- 14. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
- 15. Governing Law
By using Service, you agree that the laws of the State of Illinois shall govern this Agreement and any dispute arising between you and Vista Learning without regard to its conflict of law provisions.
Updated May 2016