Last updated: June 10, 2010
This Agreement is a legal agreement between the User and NextGenAssessments.com Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Payment will be made with 30 days of receiving an invoice from NextGenAssessments.com.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NextGenAssessments.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NextGenAssessments.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NextGenAssessments.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NextGenAssessments.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NextGenAssessments.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
NextGenAssessments.com reserves the right to refuse any or all service to any User for any reason, at any time, at NextGenAssessments.com’s sole discretion. User agrees that NextGenAssessments.com may block its IP address or addresses at any time, and at NextGenAssessments.com’s sole discretion, thereby disallowing User’s continued use of NextGenAssessments.com’s web site.
4. COMPLIANCE WITH AGREEMENT AND LAWS
Although NextGenAssessments.com has no obligation to review the content provided by you or your use of the Survey Tool, NextGenAssessments.com may do so and may block any email messages and or terminate any use of the Survey Tool that NextGenAssessments.com believes may be (or is alleged to be) in violation of the foregoing. You also agree not to upload survey links to message boards or newsgroups without express permission.
5. MODIFICATIONS TO SERVICE
NextGenAssessments.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NextGenAssessments.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that NextGenAssessments.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that NextGenAssessments.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that NextGenAssessments.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold. All title and copyrights in and to the Software are owned by School Perceptions LLC. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
7. LINKS TO THIRD PARTIES
NextGenAssessments.com makes no claims or representations about any Web Site not under NextGenAssessments.com’s control that a User may access from NextGenAssessments.com’s web site– by link, frame, or any other means (“Linked Site”). Any link, frame, or any other means to access any Linked Site provided by NextGenAssessments.com or otherwise on NextGenAssessments.com’s web site does not constitute NextGenAssessments.com’s endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NEXTGENASSESSMENTS.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NEXTGENASSESSMENTS.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. NEXTGENASSESSMENTS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN NEXTGENASSESSMENTS.COM SITES/SERVICES AT ANY TIME.
NEXTGENASSESSMENTS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE NEXTGENASSESSMENTS.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEXTGENASSESSMENTS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT NEXTGENASSESSMENTS.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A NEXTGENASSESSMENTS.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT NEXTGENASSESSMENTS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NEXTGENASSESSMENTS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A NEXTGENASSESSMENTS.COM SITE/SERVICE BY ANY THIRD PARTY.
9. Contact Us
If you have any problems receiving this information or have district specific questions, call us at (262) 644-4300, Ext# 7006 or email Info@NextGenAssessments.com