The following Terms of Service (“Agreement”) is a binding agreement between you (“User” or “you”) and RyeCatcher Education, PBC (“Company” or “our”) and applies to all users of the Company website located at www.ryecatcher.com and all linked pages and services (collectively “Website”). The Site is the property of RyeCatcher Education, PBC, a Delaware corporation. The following describes the terms on which the Company offers you access to our Website.
BY CLICKING THE "AGREE" BUTTON OR ACCESSING THE WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE.
1. YOUR ACCEPTANCE OF TERMS OF SERVICE
(b) Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at http://www.ryecatcher.com/terms. Company may, in its sole discretion, modify, add or remove portions of this Agreement and its policies at any time, and you agree to be bound by such modifications or revisions. Changes to the Agreement become effective immediately upon publication. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
(a) User: Any person who registers and uses the Website
(b) Guest or Free Account: A user not belonging to a School, Parent or Provider
(c) Teacher: A user who teaches or manages a student
(d) Provider: A user who provides academic or behavioral training to a student. May include multiple caregivers.
(e) Caregiver: A user who provides any service to a student in School or outside of School.
(f) Parent: A user who is parent or guardian to a student
Before using the Website, you must (1) open an account with RyeCatcher as a guest, provider, caregiver, parent or teacher, (2) select a password and username, and (3) provide registration information such as name and zip code. The registration information you provide must be accurate, complete, and current at all times. Failure to provide satisfactory registration information is a breach of the Agreement, which may result in immediate termination of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You may never use another's account without permission.
5. CONTENT AND SERVICES
(a) These Terms of Service apply to all users of the Website, including users who are contributors of Content on the Website. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Website.
(b) Company reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service or tool on the Website at its sole discretion and without prior notice. Company also reserves the right to suspend or discontinue the availability of the Website or any feature at any time at its sole discretion and without prior notice.
(c) The Website includes all aspects of RyeCatcher Application that are implemented, including but not limited to all products, software and services offered via the Website. The Website may contain links to third party websites that are not owned or controlled by Company. Inclusion of third-party links does not imply endorsement by Company of the site. Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the Content of any third-party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third-party website.
(d) You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
6. USE OF CONTENT
In addition to the general restrictions in this Agreement, the following restrictions and conditions apply specifically to your use of the Website:
(a) Any trademarks, service marks and logos ("Marks") on the Website are owned by or licensed to the Company subject to copyright, trademark and other intellectual property rights under the law.
(b) You may access the Website for your information and personal use solely as intended through the provided functionality of the Website and as permitted under this Agreement. You shall not download anything unless you see a “download” or similar link displayed by the Website. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit anything on the Website for any other purposes without the prior written consent of Company or the respective licensors. Company and its licensors reserve all rights not expressly granted in and to the Website.
(c) You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
(d) You agree not to spread any virus or technologies that may harm RyeCatcher Application infrastructure, or the interests or property of RyeCatcher Application users or the Website.
(e) You agree not to post false, inaccurate, misleading, defamatory or libelous Content (including personal information).
(f) You agree not to harvest or otherwise collect information about users, including email addresses, without their consent.
7. YOUR CONTENT
(a) As a Website user, you may submit Content to the Website, including demographic, academic, historical or behavioral data about students or Parents; or service, ratings and review details about Providers. You are directed to retain your own copies of all Content submitted to the Website.
(b) You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
(c) You retain all of your ownership rights in your Content. However, when you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the Content, in any media known now or in the future. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under this Agreement. The above licenses granted by you are perpetual and irrevocable.
8. LICENSE GRANT
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and non-transferable license to:
(a) Access and use the Website and its features for your personal, non-commercial use; and
(b) Use the Website subject to your agreement not to
(i) distribute in any medium any part of the Website, and
(ii) sell advertising, sponsorships, or promotion placed on or within the Website.
9. RESERVATION OF RIGHTS
You acknowledge and agree that the Website, including RyeCatcher Application, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Website, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. Company reserves the right to discontinue any aspect of the Website at any time.
10. LICENSE RESTRICTIONS.
As a licensee, you shall not:
(a) copy the Website or any part thereof, except as expressly permitted by this license;
(b) alter, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website or any part thereof, including the RyeCatcher Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website or any part thereof, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionalities of the Website, to any third party for any reason; or
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website;
(g) use the Website for any purpose that is unlawful or prohibited by the Agreement, including:
(i) To abuse, harass, threaten, impersonate, or intimidate any person;
(ii) To post or transmit or cause to be posted or transmitted any Content that is libelous, defamatory, obscene, pornographic, offensive or that infringes any copyright or other right of any person;
(iii) To post or solicit or cause to be posted or solicited, any communication or solicitation designed or intended to obtain password, account or private information from any user;
(iv) To create or transmit unwanted “spam” to any person or any URL;
(v) To use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;
(vi) To use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes; and
(vii) To solicit, for commercial purposes, any users of the Website with respect to their Content.
11. EXCLUSION OF WARRANTY
The Company and any third-party providers make no warranty of any kind regarding the Website or any materials provided on the Website, all of which are provided on an “AS IS” basis and may include technical inaccuracies or typographical errors. The Company and any third-party providers do not warrant the accuracy, completeness, currency, suitability or reliability of any of the Content found on the Website and expressly disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
12. LIMITATION OF LIABILITY
(a) To the fullest extent permitted by applicable law, in no event shall Company, its officers, directors, employees, affiliates, service providers, agents or any of its or their respective licensors, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever (including lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction) resulting from any
(b) The foregoing limitations shall apply whether damages theory is based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
(c) You specifically acknowledge that Company shall not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Company assumes no responsibility for the Content you submit or make available through the Website. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its parent corporation, officers, directors, employees and agents, affiliates, successors, and assigns from and against any and all losses, claims, damages, obligations, losses, liabilities, costs or debt, and expenses, deficiencies, judgments, settlements, interest, awards, penalties, or fines of whatever kind, (including but not limited to attorney’s fees) arising from or relating to: (i) your access, use, or misuse of the Website; (ii) your breach or violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, trademark, patent, or other intellectual property right, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and will take appropriate action in case of any complaints.
(a) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notice of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(b) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing sufficient information to enable Company to make a determination. You agree to reimburse Company for all expenses, including attorney’s fees, incurred by Company as a result of unsubstantiated claims of copyright ownership, license or permission.
(c) If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
15. YOUR PRIVACY AND PERSONAL INFORMATION
(a) The term of Agreement will continue in effect until terminated by you or Company as set forth in this Section.
(b) You may terminate this Agreement by discontinuing the use of the Website.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Website, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Company will terminate a user’s access to the Website if, under appropriate circumstances, the user is determined to be a repeat violator of this Agreement.
(e) Upon termination, all rights granted to you under this Agreement will also terminate. Termination will not limit any of Company's rights or remedies at law or in equity.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
18. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision. Any legal proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of New York which will have sole and exclusive jurisdiction over such matters.
19. LIMITATION OF TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one (1) year after the cause of action arises, otherwise, such cause of action or claim is permanently barred.
20. ENTIRE AGREEMENT
The failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights hereunder.
(i) errors, mistakes, or inaccuracies of Content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;
(iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) interruption or cessation of transmission to or from our Website;
(v) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
(vi) errors or omissions in any Content; and/or
(vii) use of any Content posted, emailed, transmitted, or otherwise made available via the Website.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work(s) claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(vii) The Company’s designated Copyright Agent to receive notifications of claimed infringement is email@example.com
Last modified: September 25, 2014
b. This Policy applies to information we collect on or through our Website.
c. This Policy DOES NOT apply to information that:
i. We collect offline or on any other Company websites, including websites you may access through this Website; or
ii. You provide to, or is collected by any third party.
Our other websites and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
d. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT REGISTER WITH OR USE THE WEBSITE.
2. CHILDREN UNDER THE AGE OF 13 - COPPA
a. This Website is not intended for children under 13 years of age. In accordance with the Children's Online Privacy Protection Act (COPPA) (in effect as of April 21, 2000), Company does not knowingly collect personal information or publish written reviews from children under 13.
b. The only exception is if the child’s or student’s parent or guardian delivers written consent to our maintaining such information; or the child’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Website.
c. If you are a student under 13, please DO NOT send any personal information about yourself to Company if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian.
d. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
e. If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, i.e., you must obtain advance written consent from all parents or guardians whose children who are 13 years of age will access the Website. When obtaining consent, you must provide parents and guardians with a copy of this Policy. You must keep all consent forms on file and provide them to Company if we request them. Further, if you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Website as part of your curriculum. You also represent and warrant that you have the authority to agree to use the Website pursuant to the Policy on behalf of your school and/or district and will use the Website in accordance with COPPA and the Policy.
f. If you are a teacher, on behalf of your organization, you grant to Company a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display information about students you submit solely for the purposes of (a) providing the service and (b) creating, using, and disclosing de-identified and/or aggregated information about students.
g. As a part of the teacher registration process, you will be asked (a) whether you will be providing your course to students under 13, and (b) whether you are a teacher or administrator at a school (for example, a K-6 public elementary school). You will only be permitted to provide a course to students under 13 if you are a teacher or administrator at a school.
3. HOW WE COLLECT INFORMATION FROM YOU
We collect information from and about users of our Website (i) directly from you when you provide it to us, and (ii) automatically when you use the Website.
a. Information You Provide to Us: When you register with or use this Website, we may ask you to provide personal information such as name and zip code. This includes:
i. Information provided at the time of registering to use the Website, and subscribing to our service, and posting material and requesting further services. We may also ask you for information when you report a problem with the Website.
ii. Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
iii. Your responses to surveys or reviews that we might ask you to complete for research purposes.
iv. Your search queries on the Website.
b. Automatic Information Collection and Tracking: When you access and use the Website, it may use technology to automatically collect certain usage details, including but not limited to, traffic data, location data, user IP address, logs and other communication data and the resources that you access and use on or through the Website. The technologies we use for automatic information collection may include cookies and web beacons.
c. Third-party Information Collection: When you use the Website, certain third parties may use automatic information collection technologies to collect information about you. These third parties include, for example, analytics companies. We do not control these third parties’ tracking technologies or how they may be used.
4. WHY DO WE COLLECT INFORMATION
The information we collect is used to make the Website more useful and interesting to you.
We collect a variety of demographic, academic, historical, behavioral, and needs data about students from school and district administrators, or other caregivers that are authorized to work with students. We use this data to provide insights into student background, needs, and progress. We also collect data about the providers themselves. We use this information to match providers with student needs and build records of the individual caregivers present at each provider. The collected information also enables student caregivers to monitor and track progress on quantitative goals and see a historical record of the case history of the child.
5. DISCLOSURE OF YOUR INFORMATION
We may disclose information that we collect or you provide:
i. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than the Company.
ii. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our users is among the assets transferred.
iii. To fulfill the purpose for which you provide it. For example, if you provide us with student needs to find an appropriate provider, we will use that information to ‘match’ a provider with the student. The data we collect is shared among the school district staff that work directly with a student. This information is not shared with any party that does not work for the school district or provider that the Company is working with.
iv. For any other purpose disclosed by us when you provide the information.
6. DISCLOSURE EXCEPTIONS
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
i. To comply with legal process such as a search warrant, subpoena or court order
ii. To protect the rights and property of Company
iii. investigate reports of fraud or of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages
iv. To protect against misuse or unauthorized use of Website; or
v. During emergencies, such as when we believe someone’s physical safety is at risk.
7. OUR SECURITY MEASURES
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Company uses Secure Sockets Layer (SSL) security protection for the entire Website and all personal information (e.g., names, date of birth) are encrypted. We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
8. WHAT ARE YOUR CHOICES
You may ask to review, revise, correct or update any of your personal information by contacting us at email@example.com. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
9. POLICY CHANGES
10. QUESTIONS OR COMMENTS
For questions, comments or assistance, we invite you to contact us at firstname.lastname@example.org.