Terms of Use

Last updated: June 10, 2010

ANY PERSON OR ENTITY (“User”) ACCESSING THE NEXTGENASSESSMENTS.COM WEB SITE (the “Site” or “Service”) OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS NEXTGENASSESSMENTS.COM WEB SITE TERMS OF USE (“Agreement”):


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.


1. PAYMENT

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.


User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with NextGenAssessments.com’s web site in any manner. If User in any way Interferes with NextGenAssessments.com’s web site, User agrees to pay all damages incurred by NextGenAssessments.com, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by NextGenAssessments.com. User’s Interference with NextGenAssessments.com’s web site relieves NextGenAssessments.com of any of its contractual or other legal obligations to User, including NextGenAssessments.com’s obligations under its Privacy Policy. NextGenAssessments.com will cooperate with the authorities in prosecuting any User who Interferes with NextGenAssessments.com’s web site, attempts to defraud NextGenAssessments.com, or attempts to defraud credit card companies or any other parties through User’s use of NextGenAssessments.com’s web site or services.


You agree to not use the Service to:


upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, toruous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a NextGenAssessments.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; Violation of any of the items in this Section relieves NextGenAssessments.com of any of its contractual or other legal obligations to User, including NextGenAssessments.com’s obligations under its Privacy Policy.


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

You shall use the survey tool only in compliance with this Terms of Use, the FTC’s CAN-SPAM Law, and all other applicable U.S., state, local, and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws). You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.


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.

6. COPYRIGHTS

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.


IN NO EVENT SHALL NEXTGENASSESSMENTS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NEXTGENASSESSMENTS.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE NEXTGENASSESSMENTS.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NEXTGENASSESSMENTS.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NEXTGENASSESSMENTS.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEXTGENASSESSMENTS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NEXTGENASSESSMENTS.COMSITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEXTGENASSESSMENTS.COM SITES/SERVICES.


If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.


These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by NextGenAssessments.com.


9. Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at Help@NextGenAssessments.com

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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