Terms & Conditions
This User Agreement (“User Agreement”) is a legal agreement between you “You” or “Your” and ReadyCoach Corporation (“RC Corp”) for use of RC Corp’s website, products, software and services. By acknowledging Your agreement with this Agreement or by using RC Corp’s website, products, software and services, You agree to be bound by the terms of this User Agreement. If You do not agree to the terms of this User Agreement, do not indicate Your agreement with this Agreement and do not use our website, products, software and services. This User Agreement is entered into as of the date that You confirm your acceptance of its terms or use our website or any of our products, software or services (the “Effective Date”).
RC Corp’s website and products support intervention selection and implementation as well as assessment of effective coaching behaviors for use by instructional coaches, teachers, supervisors, other school personnel and consultants to improve classroom practices and student outcomes.
In consideration of RC Corp’s grant to You of a nonexclusive, non transferable license to access and use our website, products, software and services, You agree as follows:
1. Your Rights.
RC Corp hereby grants to You the non-exclusive, non-transferable, right to use our website, products, software and services to assess or test student learning, to assist You in planning, implementing and reporting on courses of study and interventions and to assess the implementation of practices employed by teachers, coaches and school personnel. The license includes the right to access our website and the programs available through our website, enter data for analysis, process the inputted data, form data-driven student groups, select and assign interventions, generate reports, evaluate the utility of assigned interventions, adjust intervention plans, and monitor the practices used by teachers and other educational personnel.
You shall not use the Platform or Programs for any other purpose.
2. RC Corp’s Rights.
- Retained Rights. RC Corp reserves and retains all rights of every kind and nature to our website, products, software and services and grants to You only the right to access and use them as provided in this Agreement.
- Third Party Access. If You grant permission to third parties to access personally identifiable information contained in any Data entered into our website and products, You will be responsible for any use of the Data by them.
3. Your Obligations.
- Fees. The fees for Your use of our website, products, software and services are to be paid in accordance with a separate agreement between RC Corp andYou, Your employer or the organization which sponsors Your use of our products.
- Protection of RC Corp’s Rights. You acknowledge and agree that RC Corp will retain all rights to our website, products, software and services, and that You shall take all reasonable precautions to preserve same. You shall not grant the right to use our website, products, software and services to anyone. You shall not alter, change, or remove from our website or products or any other materials provided by RC Corp any identification marks, including copyright or trademark notices. Nothing in this User Agreement shall be construed as permitting You to exercise any right under copyright or trademark law, except as specified in this User Agreement.
- Consent for Use of Data. You shall obtain any consent necessary under federal or state laws, and the policies of Your employer or school district or the organization which sponsors You, to enable You to enter Data into our web site and products for analysis and to permit the use of Data in accordance with the terms and conditions of this User Agreement.
- Data Collection and Entry. You shall be responsible for collecting Data, accurately entering Data into our website and products, maintaining appropriate restrictions for accessing Data, generating and interpreting reports based upon the Data, and developing, implementing and evaluating developmental, educational, or other interventions suggested by our products on the basis of the Data. You must determine that any intervention recommended by our products, software and services for a particular student is appropriate for that student. In addition, You must monitor the impact interventions have on the development of Your students. You are responsible for all decisions made using our website, products, software and services.
- Confidential Information. RC Corp may disclose our Confidential Information, as defined below, to You. You acknowledge that our Confidential Information contains commercially valuable, proprietary products of RC Corp. For purposes of this Agreement “Confidential Information” means information of RC Corp that is of value to RC Corp and is treated as confidential, including, among other items, information concerning the intellectual property, documentation, operating procedures, pricing, methods of doing business, trade secrets, marketing and research, mailing lists, user lists, and lists of prospective users or accounts, financial data or plans, of RC Corp. It is Your responsibility to treat this information as confidential by not sharing this information with third parties without the specific prior written approval of RC Corp.
- Derivative Works. Should You modify or produce derivative assessment tools, interventions, instructional dialogs, professional development materials or other commercially valuable products based upon, using or incorporating the intellectual property of RC Corp, all such modifications or derivatives will be the sole property of RC Corp immediately upon their creation. You may make the modifications or derivatives available to other users of our website, products, software and services employed or engaged by Your school system or the organization which pays the fees required for Your use of our website and products. You may not disseminate any RC Corp materials or derivative materials created by You for commercial purposes or outside of Your school district. The restrictions on the access, dissemination and use of RC Corp’s materials specified in this Agreement extend to any updates, software patches, or bug fixes made accessible to You.
4. Storage of Data.
- Release of the Data. Data that You enter into our website and products will be maintained on secure servers controlled by third parties. Access to Your account’s Data is password-protected and restricted to individuals authorized by You. RC Corp and the entities responsible for the servers onto which Data is entered will not release the Data without Your written permission, except as required by law, regulation, subpoena, or administrative process. It is Your responsibility to maintain security for the user’ names and ID within Your account and access to this Data through Your computer system.
- Access to the Data for Maintenance. You grant permission to RC Corp and its designees to access the Data for maintenance purposes. The Data accessed for maintenance purposes will be kept private to the extent required by law. Maintenance purposes include, but are not limited to, software programming or database engineering to improve our website, products, software and services, and ensure proper functioning of our website and products, providing technical support, correcting problems within the database or navigation web system, and managing the billing system. RC Corp’s maintenance designees (programmers and technical support personnel) will have access to the Data within each account, and system-wide administrative functions and will be obligated not to distribute the Data to others or use theData for any purpose other than performing requested maintenance.
5. Indemnification, No Warranty, and Limitation of Liability.
- Indemnification. To the extent permitted by law, You shall indemnify and hold harmless RC Corp and its successors, assigns and licensees, and their respective officers, directors, agents and employees (the “Indemnitees”), from and against any and all claims, damages, liabilities, costs and expenses, arising out of or in any way connected with the use, reproduction, distribution or public display of RC Corp’s website, products, software and services by You or by any third party accessing these materials from or through You. You shall be liable for all of Your obligations and responsibilities under this User Agreement. You assume all liability for decisions made pertaining to materials uploaded or entered into our website and products, including without limitation, determining that any intervention recommended by our products is appropriate for Your student. You also shall indemnify and hold the Indemnitees harmless for any copyright violations or other violation of federal or state laws, or school district policy, that may occur from uploading materials into RC Corp’s website, products, software and services that are copyright-protected or for which You otherwise lack the proper authorization.
- NO WARRANTY AND LIMITATION OF LIABILITY. RC CORP PROVIDES ACCESS TO OUR WEBSITE, PRODUCTS, SOFTWARE AND SERVICES ON AN”AS IS, WITH ALL DEFECTS” BASIS. RC CORP DOES NOT GUARANTEE THAT OUR WEBSITE AND PRODUCTS WILL BE SECURE OR PROVIDE AN APPROPRIATE COURSE OF ACTION FOR ANY STUDENT. YOU AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF RC CORP’S WEBSITE, PRODUCTS, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FOREACH STUDENT. RC CORP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, WE MAKE NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF WE KNOW OF SUCH PURPOSE), OR THAT THE USE OF RC CORP’S WEBSITE, PRODUCTS, SOFTWARE AND SERVICES WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. RC CORP SHALL NOT BE LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS USER AGREEMENT OR USE OF THE OUR WEBSITE AND PRODUCTS. YOU HEREBY AGREE TO SAVE, HOLD HARMLESS, DISCHARGE AND RELEASE RC CORP AND ALL OF THE OTHER INDEMNITEES FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND PRODUCTS.
6. Term and Termination.
- Term. The term of this User Agreement shall commence on the Effective Date and unless extended, shall expire upon the exhaustion of the fee paid byYou, Your employer or the organization which sponsors your use of thePlatform.
- Termination. RC Corp may terminate this User Agreement and your right to use its products immediately due to Your breach of this User Agreement, including for non-payment of any Service Fee whether by You, Your employer or the organization which has obtained the right for You to use RC Corp’s website and products. If You obtain Your right to use our website and products through your employer or another organization, should You grant the right to use our website or products to another party in violation of this Agreement, in addition to terminating Your right to use the Platform and Programs, RC Corp may terminate the right of Your employer or organization to use its website and products.
- No Use after Termination. Upon termination of this User Agreement, You shall cease using any portion of the products and services made available to you by RC Corp.
- Your Obligations after Termination. Termination of this User Agreement shall not extinguish any of Your obligations under this User Agreement which by their terms continue after the date of termination.
You agree that disputes between you and rc corp will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You may bring a claim only on your own behalf and cannot seek relief that would affect other users of the website, products, software and services of rc corp. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You expressly waive a trial by jury. The following claims don’t have to be arbitrated and may be brought by in court by RC Corp:disputes related to intellectual property (like copyrights and trademarks), efforts to interfere with or engage with the website, products, software and services of RC Corp in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act.
Before commencing an arbitration, to enable RC Corp to attempt to resolve Your claim without arbitration, You must provide RC Corp with a written Notice ofDispute that includes Your name, residence address, username, email address or phone number You use for Your account, a detailed description of the dispute, and the relief You seek. Any Notice of Dispute You send to RC Corp should be mailed to 521 Sherwood Parkway, Westfield, New Jersey 07090.
For any claim that is not arbitrated, You agree that it will be resolved exclusively in the U.S. District Court for the District of New Jersey or a New Jersey state court located in Newark, New Jersey. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of New Jersey, to the extent not preempted by or in consistent with federal law, will govern this User Agreement and any claim, without regard to conflict of law provisions.
8. General Provisions.
- Assignment. This User Agreement may not be assigned or transferred by You.
- Entire Agreement, Modification, and Waiver. This User Agreement sets forth the entire agreement between us. RC Corp may change its website,products, software and services or its policies and may make changes to this User Agreement from time to time to accurately reflect its policies.
- Your Authority. You represent and warrant that You may execute and deliver this User Agreement and that this User Agreement is binding upon You in accordance with its terms.
- No Third Party Beneficiary. Nothing in this User Agreement gives, is intended to give, or shall be construed to give or provide, any benefit or right,whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this User Agreement.
- Unsolicited Information. We appreciate Your feedback and suggestions and may use them without any restrictions or obligation to compensate You for them.
- Force Majeure. The failure of RC Corp to perform any term or condition of this User Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this User Agreement.
- Summarize needs, goals, strengthens, resources, gaps and challenges…
- Set the stage for possibe action in the development and the implementation of new/revised plans leading to student success.
ReadyCoach was developed, in part, by U.S. Department of Education, Office of Special Education Programs (OSEP) grant No. H327S170020. The views expressed herein do not necessarily represent the positions or policies of the U.S. Department of Education. No official endorsement by the U.S. Department of Education of any product, commodity, service, or enterprise mentioned on this website is intended or should be inferred.
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