Participant Terms of Use – LEAP Surveys

Effective October 13, 2017

IMPORTANT – READ CAREFULLY: These Participant Terms of Use for LEAP Surveys (“ Terms of Use”) are an agreement between you and LEAP Innovations, an Illinois non-profit organization (“ LEAP,” “we,” or “us”), and apply to your use of, or participation in, LEAP surveys, whether administered by LEAP, your school district or school, or a third party (the “ Services”). Use of the Services is also governed by the Data Use Policy for LEAP Surveys, which is available through the hyperlink set forth below and that is incorporated herein by reference (“ Data Use Policy”).

Please read the following Terms of Use carefully. By clicking “I Accept,” or by using or participating in the Services, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use, including the Data Use Policy  available at http://leaplearningframework.org/terms-of-use/data-use- policy-leap- surveys/ (collectively, these “Terms .”) If you are not eligible, or do not agree to these Terms, then you are not authorized to use the Services and must immediately stop using the Services.

1. ELIGIBILITY . For students using or participating in the Services, the Participating Schools (as defined in our Data Use Policy) have the responsibility to obtain, and have assured LEAP that they have obtained, any necessary consent from a parent or guardian for each student to participate, including providing any necessary disclosures to parents or guardians. By agreeing to these Terms, you represent and warrant to LEAP that: (i) you are at least eighteen (18) years of age, or your parents or legal guardian has reviewed and agrees to these Terms of Use and consents to your participation in the Services; and (iii) your registration and your use of the Services is in compliance with any and all applicable federal, state, and local laws, rules, and regulations.

2. ACCOUNTS AND REGISTRATION. To use some features of the Services, we may create an account for you using information provided by your school, school district, or other organization participating in the Services. You agree to notify us at surveyadmin@leapinnovations.org if any of your account information changes or if you have any questions. If you receive a password for your account, you are solely responsible for maintaining the confidentiality of your account and password and you are responsible for all activities that occur using your account. If you believe that your account is no longer secure, then you must immediately notify us at surveyadmin@leapinnovations.org.

3. OWNERSHIP. 

(a) You (or your parent or legal guardian, as applicable) retain all rights to the information and data that you provide to LEAP through the Services. You (and your parent or legal guardian, if applicable) give LEAP permission to use any or all such information and data, but only in accordance with the Data Use Policy.

(b) You acknowledge and agree that the Services (including, without limitation, the LEAP Surveys and LEAP Survey Reports, and all other content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LEAP, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws, and you do not acquire any rights or licenses by using the Services. LEAP’s logo, and other names, logos, icons, and marks identifying LEAP’s products and services are trademarks of LEAP and may not be used without the prior written consent of LEAP. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver, or otherwise transfer, directly or indirectly, any of the Services (in whole or in part) or create derivative works of the Services (including, without limitation, any LEAP Survey or portion thereof) without LEAP’s prior written consent. In addition, you may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Services. All rights not expressly granted in these Terms of Use are reserved to LEAP, its licensors, or other providers of materials.

4. RESTRICTIONS. You are solely responsible for the content of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). By using the Services, you hereby agree not to:

(a) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

(b) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

(c) interfere with security-related features of the Services, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

(d) interfere with the operation of the Services or any user’s enjoyment of the Services, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Services, (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

(e) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services accounts of others without permission, or falsifying your age or date or birth;

(f) post, upload, or submit any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; or

(g) attempt to do any of the foregoing or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4.

5. TERMINATION. LEAP may immediately terminate your account and right to participate in the Services: (i) if you breach these Terms of Use; (ii) if we are unable to verify or authenticate any information you provide to us; (iii) if you provide false, misleading, or otherwise inaccurate information to us; (iv) if we decide, in our sole and absolute discretion, to discontinue offering the Services; or (v) at any time, in LEAP’s sole and absolute discretion. Should you object to any of the Terms of Use, or any subsequent modifications thereto, or should you become dissatisfied with the Services in any way, your sole recourse is to immediately: (a) discontinue use of the Services; (b) terminate your account (if applicable); and (c) notify us of termination. Upon termination, your right to use the Services immediately ceases.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, RESOURCES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAP 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEAP MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, RELIABLE, ACCURATE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT; (IV) THE SERVICES, OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS; OR (V) THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, RESOURCES OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IS CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, ACCESS, OR DOWNLOADING OF THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL LEAP BE LIABLE FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, EVEN IF LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY AGREE THAT LEAP’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, CAUSES OF ACTION, LOSSES, AND COSTS ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT, OR OTHERWISE UNDER THESE TERMS, IS LIMITED TO $100. THE FOREGOING REMEDY SHALL NOT BE DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE, AND YOU HEREBY WAIVE ALL RIGHT TO MAKE ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. IDEMNITY. You hereby agree, at your sole cost and expense, to defend, indemnify and hold harmless LEAP and its officers, directors, employees, consultants, affiliates, subsidiaries, grantors, grantees and agents from and against all claims and expenses, including attorneys’ fees and costs, arising out of (i) your access to, use of, or alleged use of, the Services or any materials, resources or content, (ii) your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such  case, you agree to cooperate with our defense of such claim.

9. ADDITIONAL TERMS; CHANGES. Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services (the “Additional Terms“), such as rules applicable to particular features or content on the Services. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms of Use. LEAP reserves the right to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. You understand and agree that you are solely and exclusively responsible for periodically reviewing these Terms of Use. In the event that a change to these Terms of Use materially modifies your rights or obligations, we will make reasonable efforts to notify you of any such modifications. We may provide you notice through a pop-up or banner within the Services or by sending you a message informing you of the modified terms to any address you may have provided to us, or through other mechanisms. You agree that you will check for updates to these Terms of Use each time that you use the Services and that you will read the messages we may send you to inform you of any changes. If we make any material changes to these Terms of Use, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Continued use of the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Disputes arising under these Terms of Use will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.

10. DISPUTE RESOLUTION. Any controversy, claim or dispute arising out of or relating to the Terms (a “Dispute”) shall be resolved solely as provided in this Article 11. You hereby consent to the provisions of this Article 11, and shall institute proceedings only as permitted by this Article 11.

(a) Any Dispute shall be settled, if possible, through good faith negotiation between the parties. Such good faith negotiation shall commence upon a party’s receipt of notice of a Dispute from the other party. However, at any time before or during such negotiations, or following any unsuccessful negotiations, either party may by written notice to the other demand that the Dispute be submitted to arbitration proceedings under the Commercial Rules of the American Arbitration Association (“ADR Rules”), in which case such Dispute shall be finally settled by arbitration administered under the ADR Rules by one (1) arbitrator appointed in accordance with Section 11(b). The parties hereby waive any right to institute a court or other dispute resolution proceeding and acknowledge that private negotiation and arbitration in accordance with this Article 11 is the sole and exclusive means of resolving any Dispute hereunder.

(b) The arbitrator shall be selected by mutual agreement of the parties. In the event that the parties cannot agree on any arbitrator, such arbitrator shall be selected by the American Arbitration Association in accordance with the ADR Rules then in effect.

(c) The arbitration proceeding shall occur in Chicago, Illinois, each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees and expenses, and the arbitration and related proceedings and discovery shall be confidential and shall take place pursuant to a protective order entered by the arbitrators that adequately protects LEAP’s Confidential Information. The decision of the arbitrator shall be final and binding on the parties, may be enforced by any court of competent jurisdiction, and cannot be the subject of any appeal.

(d) Except as required by applicable Law, neither party shall make any public statement regarding any Dispute, arbitration, or arbitration decision without the prior written consent of the other party, which may be withheld in its sole discretion.

11. GOVERNING LAW. These Terms and any Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois. The parties agree that the Circuit Court of Cook County, Illinois, and the United States District Court for the Northern District of Illinois shall be the sole and exclusive venues for any action, suit or proceeding arising out of or related to these Terms or the Services, including without limitation any such action, suit or proceeding regarding the enforceability, performance, failure to perform, breach, termination or any other matter arising under or related to these Terms or the Services. Both parties waive any right to object that either of those courts are not the proper venue for any such action, suit, or proceeding, and waives any right to object that those courts do not have or cannot properly exercise personal jurisdiction over any party.

Your use of the Services indicates your agreement to these Terms of Use. If you do not agree with these Terms of Use, do not use or participate in any of the Services.