Terms and Conditions
Welcome to the Site (“Site”) of Evaluate Progress LLC. (“EP”, "Our" or “We”). Please review the following basic rules that govern your (“Your” or “You”) use of this Site. Your use of this Site means that you agree to these rules and understand that We may change, suspend or discontinue any portion of this Site at any time.
EP reserves the right to change these rules from time to time without notice to You. Your use of this Site following any such change means that you agree to the rules as changed. You should visit this page periodically to review Our current Terms and Conditions.
PLEASE CAREFULLY READ THE TERMS & CONDITIONS APPEARING BELOW. YOU MUST ACCEPT THESE TERMS & CONDITIONS BEFORE YOU WILL BE PERMITTED TO ACCESS THE Site’S CONTENT. BY CLICKING "ACCEPT or I AGREE" AT THE BOTTOM OF THIS PAGE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, CLICK THE "CANCEL" BUTTON AND RETURN TO THE OWNER HOME PAGE. BY CLICKING THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.
Application of the Terms and Conditions:
1. PROPRIETARY INFORMATION.
(a) All information, documents and materials in whatever format found on the Site will be referred to as "Content." All Applications, programs and other software on this Site or relating to the Content are referred to as "Software." Software on this Site, except noted third party materials, are the property of EP and are protected under United States and international copyright laws and treaty provisions.
(b) No rights or title to any of the Content contained on any EP Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of EP in each instance, except that you may print out and/or save a copy of the Content for your personal use only.
Submissions:
Your permitted use of Content specified above does not include the layout or design of this Site, any Software or the logos, graphics, sounds or images on this Site. EP reserves the right to revoke its authorization at any time, and your use shall be discontinued immediately upon notice from Us. If you want to use any Content in a manner that is not otherwise permitted in these Terms and Conditions, you must receive Our prior written consent.
EP Software
EP Software and accepting documentation used in accessing the Content or otherwise available to download from this Site are copyrighted, proprietary works and are the property of EP. Any use of the Software and accepting documentation may be subject to the terms of a license agreement embedded in or included with the Software. It is your obligation to read the license agreement and indicate your agreement to its terms prior to installing or using the Software. In the absence of such a license agreement the following shall apply: EP grants you a personal, limited, non-exclusive and non-transferable license to use the Software for the purposes of accessing the Site and the Content and for such other purposes as may be expressly permitted by the Site. You agree not to: (i) modify, adapt, alter, translate, or create derivative works from the Software; (ii) sub-license, distribute, sell, loan, or otherwise transfer the Software to any third party; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; (iv) remove or alter any notices in the Software; or (v) otherwise use or copy the Software except as expressly permitted. All rights, title and interest not expressly granted are reserved.
EP Software may not function as designed on all electronic devices and users may experience unexplained malfunctions or program distortions. EP is not responsible for, or liable for, these issues.
User Comments, Feedback, Postcards and Other Submissions:
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to EP on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain EP's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to EP of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, EP will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EP is and shall be under no obligation to (i) maintain any Comments in confidence; (ii) to pay any compensation for any Comments; or (iii) respond to any Comments.
You acknowledge and agree that EP may or may not pre-screen Comments, but that EP and its designees shall have the right, but not the obligation, in their sole discretion, to pre-screen, remove, move, or refuse any Comments, including but not limited to Comments that violate these Terms and Conditions.
You acknowledge and consent that EP may access, preserve, and disclose your registration information, usage, and Comments if required to do so by law or in a good faith belief that access, preservation, or disclosure is necessary to comply with legal process, respond to claims that Comments violate third party rights, respond to your requests for customer service, protect the rights, property or personal safety of EP, its users, or the public, or to enforce these Terms.
User Acknowledgements:
You acknowledge that the following features, Evaluation Reports and Growth Ratings, are the creation of EP.
You acknowledge that Evaluation Reports generated by use of the EP Site and their corresponding attachments are the confidential property of the school/organization generating them. They are intended solely for the use of the school/organization and the evaluee/individual to whom they are addressed. Any views or opinions expressed in these documents are solely those of the evaluator/author and do not represent those of EP.
You acknowledge that the Growth Ratings are calculated by the EP program based on EP calculations and rounding off approximations. EP makes no claim that these Ratings are intentionally aligned with any Government, State, District or other organization’s formulas.
You understand that it is your sole responsibility to back up individual evaluations, commentary, statistical data, videos, attached documents, and any other content you create. You acknowledge that neither EP nor its employees or agents, will be liable for any loss or damage, either direct or consequential, to data arising as a result or in connection with, the use of Our Site.
You understand and agree that your use of the Site is conditional upon your acceptance of the following:
1) Certain components of the Site permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
2) You agree to notify EP immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
3) You agree to share your exemplary tagged commentary with other authorized users of the Service.
4) You must not use the Site to harass, threaten, impersonate, or intimidate anyone.
5) You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
6) You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
7) You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
8) You must not transmit any worms or viruses or any code of a destructive nature.
9) You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws, COPPA, and FERPA). The school and User are solely responsible for their compliance with FERPA in all regards to their use of the Service.
10) You must not upload or incorporate into the Service or User Content student information—including personally identifiable information, student assessment data, and student observation data—unless a written agreement is in place between EP and the school or school district you work for permitting us to collect and incorporate personal and assessment information from students for the use and benefit of the school or school district, in compliance with the Children’s Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA).
11) You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
12) You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of EP for the topic and/or creator of the evaluation.
13) You must not share use of your account with any other person.
Notice Regarding Children:
The Site and Service are not intended for use by persons who are 13 or younger. Any access to or use of the Site or Service by anyone 13 or younger is expressly prohibited.
Privacy Policy:
EP understands that privacy is important to its users. In an effort to preserve your privacy, EP agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy, which can be found on EP’s Site home page, as well as in conformance with all applicable laws, rules, and regulations.
DISCLAIMER AND LIMITATIONS ON LIABILITY
You understand that EP cannot and does not guarantee or warrant that files available for downloading from the EP Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Site. EP further disclaims any responsibility to ensure that the Content located on its Sites is necessarily complete and up-to-date.
EP takes no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond Our control.
EP takes no responsibility for, and will not be liable for, any breach of security at the school level.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EP DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS Site (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF EP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USE OF THE Site IS AT YOUR SOLE RISK. THE Site’S SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE Site EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE Site MAKES NO WARRANTY THAT
(1) ITS SERVICE WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE Site OR ANY OF ITS SERVICES WILL MEET YOUR EXPECTATIONS, OR
(5) THAT ANY ERRORS IN THE Site’S SOFTWARE WILL BE CORRECTED.
Indemnity:
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS Site.
DISPUTES
All disputes or claims arising under your use of any EP's Services will be resolved by binding arbitration. The Federal Arbitration Act ("FAA") applies to this Agreement. The seat or place of arbitration shall be New York, United States. There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the American Arbitration Association (“AAA”).
The award rendered by the arbitrator shall be binding on the parties and may be entered and enforced in any court having jurisdiction. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
A party who intends to seek arbitration must first send to EP, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EP should be addressed to: 130 North Drive, Staten Island NY 10305 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). Parties may try to settle their dispute prior to the commencement of the arbitration. If parties do not reach an agreement to resolve the claim within 30 days after the Notice is received, parties may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by EP or you prior to the commencement of the arbitration shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which EP or you is entitled.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court we each waive any right to a jury trial.
USE OF COMMUNICATION SERVICES
No Endorsements
This Site may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. EP makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned EP, its products, services or information.
Procedures for Making Claims of Copyright Infringement
EP respects the intellectual property rights of others, and expect Our users to do the same. EP may, when appropriate and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers of the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide notice to the person identified below, containing the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the Site;
(4) your name, address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the information contained in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent can be reached by US postal mail:
Evaluate Progress LLC
Address: 130 North Drive, Staten Island NY 10305
Email address: copyrightagentevaluateprogress@gmail.com
Results:
EP provides no assurances as to how the data collected and/or commentary stated will directly or indirectly impact the performance of Evaluees, Evaluators, Administrative Designees, Principals, or Chief Executive Officers.
Third-Party Content:
EP gives you the option, when creating or editing an evaluation report, to search for and insert third party content, such as commentary, into your presentation. Such third party content is subject to certain license terms. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a presentation. You agree to review and comply with the license terms applicable to any third party content in an evaluation report.
Server Restrictions:
There may be limited data space on hosting servers for videos, attachments, and other materials.
Deletion of Data:
If you do not renew your EP subscription any data retained by EP will be deleted after 14 days.
Miscellaneous:
A. If any part of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EP as a result of this Agreement or use of EP's Sites.
C. These Terms and Conditions constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and EP with respect to EP's Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its Services. EP may revise these Terms and Conditions at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
D. The failure of EP to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by EP must be in writing and signed by an authorized representative of the EP.
E. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
F. In the event that any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give full effect to the parties' intentions as demonstrated in the provision, and all other provisions of these Terms remain in full force and effect.
G. You agree that EP may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, EP may terminate your account if it determines that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is EP’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties. EP will grant you a pro rata refund of any subscription fees only when EP terminates your account without cause.
H. If EP takes any legal action against you as a result of your breach of this Agreement, EP will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to EP.