www.montereyinstitute.org

The
NROC Project
of Use and Privacy Policies
PLEASE
READ CAREFULLY THE FOLLOWING TERMS OF USE. ACCESSING, BROWSING, OR
USING OUR WEBSITES IMPLIES THAT YOU AGREE TO BE BOUND BY THESE TERMS,
INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS
(COLLECTIVELY, THE “TERMS”).
Summary
of our terms and statement of purpose
These summary
terms are intended to provide additional clarity regarding our
purpose and policies. Please read the full terms of use, below, for
additional detail.
The
NROC Project (NROC) is a nonprofit
501(c)(3)
organization
collaborating with secondary, postsecondary, and adult education
leaders to imagine, develop, test, and refine open and low-cost
courses and tools that improve student readiness, persistence, and
success.
If you are
representing yourself as a person
(i.e., as an
individual, rather than a group, business, or corporation), you may
access, utilize, and share all NROC content and applications at no
cost.
If you represent
an educational organization or agency
(or any other
corporate entity), The NROC Project would encourage you to contact us
about options to support your needs. Institutions can purchase seat
licenses to our EdReady
TM
-based
solutions. Where appropriate, sustaining institutional partnerships
are also possible.
Other rights to
NROC content and tools are negotiable
including rights granted under standardized terms (e.g., Creative
Commons licenses). Contact us to learn more.
Our purpose is to
improve educational outcomes and support the institutions that share
this purpose.
The
NROC Project and institutional partners are making a sustained
commitment to helping students achieve academic and career success.
Join us!
Detailed
Index
of Use
Changes
to Terms
Intellectual
Property
Policy
Materials
Licensed under Creative Commons
NROC
Trademarks and Service Marks
Additional
Notices Regarding NROC Trademarks and Service Marks for Materials
Licensed under Creative Commons
Legal
Notices
Institutional
Access and Partnerships
Screenshots
Links
to Third-Party Sites
Policy
EdReady
TM
Institutional
Versions
Commercial
or External Links
Advertising
Optional
User Accounts for Hippocampus
Security
of Information
Changes
to This Privacy Policy
User
Content and Conduct
Surveys
Infringement
Notification
EdReady
Accounts
Individual
EdReady
TM
Accounts
Your
Data in EdReady
TM
Termination
of Your EdReady
TM
Account
Accounts
for Institutional Versions of EdReady
TM
Your
Data in an Institutional Version of EdReady
TM
HippoCampus
Accounts
Custom
Hippocampus Accounts
Termination
of Your Hippocampus Account
Indemnification
Limitation
of Liability
Applicable
Law and Venue
Contact
Us
of Use
All content is
licensed to or copyright © The NROC Project, a California non-profit
corporation with its main website at
Please note,
The NROC Project (NROC) is now the official name of the organization,
previously incorporated as ‘The Monterey Institute for Technology
and Education’ (MITE). NROC owns and operates several different
websites (“Sites”) which provide educational content. These sites
include, but are not limited to:
the NROC Project
Site (
the
EdReady
TM
site
the
HippoCampus
TM
site
various
Hippocampus blogs (e.g.,
NROC
seeks to meet society's need for access to effective, high-quality
educational opportunities in an era of rapid economic, social, and
personal change. As a non-profit institution,
NROC
supports its activities through fees paid by sustaining institutions
Most institutional partners purchase blocks of seat-licenses to
specific solutions powered by the EdReady
TM
platform. In
special cases, some institutional partners receive access to
materials and applications hosted or developed by NROC under
different partnership terms. Individuals can access most of these
same applications and materials for free through the public
HippoCampus
and
EdReady
TM
sites.
The following terms
and conditions, together with our Privacy Policy, Digital Millennium
Copyright Act (DMCA) Statement, and such other documents referenced
or incorporated herein, constitute the Terms of Use ("Terms")
that govern your use of all NROC-owned sites ("the Sites").
PLEASE READ THE ENTIRE TERMS CAREFULLY BEFORE USING ANY OF THE SITES.
By using any of the Sites, you acknowledge that you have read and
understand the Terms in its entirety and agree to be bound by its
terms. If you do not agree to any of the terms contained in the
Terms, please refrain from using these Sites. If you are a parent or
legal guardian of a minor (i.e., a person under the age of 18), you
understand and acknowledge that use of these Sites by such minor is
governed by and subject to the Terms.
Changes
to Terms
We reserve the right
to modify the Terms from time to time at our sole discretion. For
example, we may amend the Terms to incorporate additional rules and
policies as may be established by NROC from time to time. Please
check the Terms periodically for changes. Your continued use of the
Sites after the posting of changes constitutes your binding
acceptance of such changes and you are bound by the Terms as modified
with respect to all your subsequent uses of the Sites and NROC
materials.
Intellectual
Property
Policy
Except where
otherwise noted, NROC retains all rights to the materials distributed
free-of-charge through any of the Sites. This means that unless
otherwise noted, all web design, text, graphics, the selection and
arrangement thereof, and all software compilations, underlying source
code, software (including applets and Flash
media)
and all other material on the Sites are either the copyright or
trademark of NROC and its affiliates, or their content and technology
providers. Note that some of our sites link to materials located on
external (non-NROC-controlled) websites – in these cases, NROC does
not automatically exert the rights enumerated here.
Permission is
granted to individuals to electronically access all materials through
the Sites for personal, noncommercial, and educational purposes.
Any
other use of materials--including reproduction for purposes other
than those noted above, modification, distribution, or
re-publication--without the prior written permission of NROC is
strictly prohibited.
Institutional
use of any form is strictly prohibited unless the institution has an
active, paid-up partnership agreement with NROC
Institutional use includes the incorporation of links or content into
institutionally hosted software applications, or incorporation of the
content into a shared course or curriculum serving multiple
sections/teachers.
All
unlicensed use by commercial vendors is prohibited.
Institutional
licensing options are defined in
the Institutional
Access and Partnerships section
below,
or you may
contact
NROC
for
more information.
Materials
Licensed under Creative Commons
SOME, BUT NOT
ALL
of
our materials made available at the Sites are distributed under
Creative Commons licenses (
).
These materials are clearly marked at the bottom of the page with the
specific Creative Commons licensing icon in force. Click the
available icon or link where a Creative Commons license is used to
learn more about these licenses.
In general, NROC
supports the broadest possible use and re-use of our materials.
Materials carrying a
CC
BY license
are
completely unrestricted but for required attribution to the NROC
Project. The NROC Project requests that any attribution include a
link back to the source material on one of our Sites.
Your rights to use,
share, and adapt NROC materials under a CC license are those of a
non-exclusive licensee, and you do not acquire copyright ownership
with respect to any NROC materials. Again, not all materials on the
Sites are available under a Creative Commons license – if the
materials are not explicitly marked with a Creative Commons license,
the default copyright policy detailed above applies.
NROC and NROC
Trademarks and Service Marks
"NROC",
"National Repository of Online Courses", "HippoCampus",
"NROC", "Monterey Institute for Technology and
Education", “EdReady” and affiliated names, logos, and seals
are trademarks of NROC. Except for purposes of attribution as
required by our materials licensed under Creative Commons, you may
not use these names or logos, or any variations thereof, without
prior written consent. You may not use the NROC name in any of its
forms nor any NROC seal or logo for promotional purposes, or in any
way that deliberately or inadvertently claims, suggests, or in NROC's
sole judgment gives the appearance or impression of a relationship
with or endorsement by NROC.
Additional
Notices Regarding Trademarks and Service Marks for Materials Licensed
under Creative Commons
For NROC materials
published with a Creative Commons license, only those materials
obtained directly from a NROC-owned site are endorsed by NROC. If you
are using openly licensed materials that originated from NROC, it is
your responsibility to verify that they are faithful copies of the
original materials, assuming such validation is important to you.
NROC cannot verify and is not responsible for the integrity of any
content you obtain from any site other than an NROC site.
If you have
adapted or altered the NROC materials in any manner, you are
obligated to remove any trademarked names and logos if they might be
construed to constitute endorsement of the materials by NROC.
This
obligation does not excuse you from giving proper attribution to NROC
for the use of these materials. For avoidance of doubt, we recommend
that you attribute NROC by using the phrase, “This resource was
adapted from original materials provided by the NROC Project
(http://www.nroc.org).” We also ask that you provide a direct link
back to the original source materials.
Legal Notices
To the extent any
materials on the Sites contain or include any NROC legal disclaimer,
any NROC trademark, copyright, and/or other legal rights notices,
and/or NROC source, identification, and/or attribution information
(collectively "NROC Legal Notices"), you must keep intact
all such NROC Legal Notices, and may not remove, alter, destroy,
conceal, or otherwise tamper or interfere with the same.
You agree to
indemnify, save, and hold NROC, its affiliated companies,
contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of your
use or misuse of the Sites or any violation by you of the Terms.
As is” and “As
available”. YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITES IS AT
YOUR SOLE RISK. THE WEBSITE AND ANY CONTENT, INFORMATION, OR
REFERENCE SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Infringement Policy
In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, we reserve the right to terminate and/or limit access
to the Sites and NROC Materials to users who infringe on our
Intellectual Property or violate our Intellectual Property policies.
Institutional
Access and Partnerships
NROC encourages
institutions and individuals to contact us
regarding
institutional access, customization, and co-branding of NROC
materials, including EdReady
TM
Partners
gain access
and hosting privileges per the terms of their agreement for the same
content that is distributed via Hippocampus and other Sites, as well
as a custom version of EdReady
TM
There are two types of institutional licenses offered:
EdReady
TM
Seat Licenses
– Product licenses for academic institutions such as public and
private schools and school systems, districts, state departments of
education, federal departments of education, and non-profit
educational institutions, as well as businesses, both for-profit and
non-profit. Contact us for more information.
Custom
NROC Partnership – In special cases, and for agreed-upon
collaborative purposes, different partnership agreements are
possible.
Contact
us for more information.
Contact NROC for more
information at
info@nroc.org
NROC is also
interested in working with anyone seeking to provide NROC-originated
materials in alternative formats, in translation, or to underserved
markets, whether for fee or free. Again, contact NROC for further
information.
Screenshots
Screenshots of
copyrighted computer software, for which the copyright is held by the
author(s) or the company that created the software, is believed to
fall under the fair use doctrine in the United States (and similar
laws in other countries). It is believed that reproduction for
purposes such as criticism, comment, news reporting, teaching, or
research is not copyright infringement. If you reuse screenshots, as
well as any other information on Hippocampus and other NROC websites,
you do so at your own risk and under the copyright laws of your
country.
To the extent that it
is useful, NROC grants, under the terms of a
CC
BY license
permission for anyone to capture and display static screenshots and
stills of materials on Hippocampus or the other Sites, such as for
information purposes. Consistent with the terms of a CC BY license,
NROC does not endorse any such materials, and any NROC trademarks,
seals, or logos are excluded from these terms and may not be used
without NROC's express permission at any time, except as a form of
attribution, where appropriate.
Links
to Third-Party Sites
As a rule, we have
evaluated and deemed to be useful any links provided to third-party
websites that you may find on the Sites. However, the presence of
these links does not necessarily constitute NROC's endorsement,
sponsorship, warranty, or approval of such linked websites or any
product, service, or materials offered on such linked websites. NROC
does not own or control such linked websites and does not warrant or
guarantee that any product, service, or materials offered on such
linked websites will be suitable for you. You access and use such
linked websites entirely at your own risk. You acknowledge and agree
that under no circumstances will NROC be responsible or liable in any
way for any errors, omissions, conduct, or activity of such linked
websites, or for any claims, losses, damages, or injuries of any kind
incurred by you as a result of your use of or reliance upon any
product, service, or materials offered on such linked websites.
Policy
NROC respects your
privacy. NROC does not collect personally identifiable information
about you on any Site unless you voluntarily provide it, such as when
you create an account on HippoCampus or EdReady
TM
send feedback to NROC, or respond to a survey. If you voluntarily
provide your email address or other contact information, we might
also use it to inform you of changes to any of the Sites, to survey
you about your use or opinion of the Sites, or to ask for your
support. At your request, we will remove your contact information
from our files.
We do not make your
contact information or any other personally identifiable information
available to anyone outside of NROC or its service providers (who use
the information only for authorized NROC purposes) unless we are
legally required to do so. Note that institutional versions of
EdReady
TM
are subject to
some additional
terms, detailed
below.
In addition to the
above, we collect certain anonymous (non-personally identifiable)
information to help us improve the EdReady
TM
and
HippoCampus web sites and to evaluate the access and use of EdReady
TM
and
HippoCampus materials and the impact of EdReady
TM
and
HippoCampus on the educational community:
We collect
information you provide about your use of and satisfaction with
EdReady
TM
and
HippoCampus through email you send us, through the EdReady
TM
and
HippoCampus feedback forms, and through EdReady
TM
and
HippoCampus surveys, whether or not you voluntarily include your
contact information.
We
may use web analysis tools that are built into the EdReady
TM
and
HippoCampus web sites to measure and collect anonymous session
information.
We
also use "cookies" to improve your EdReady
TM
and
HippoCampus web experiences and to collect anonymous information
about how you use EdReady
TM
and
HippoCampus. However, cookies are not required for HippoCampus use.
If your browser is configured not to accept cookies, you will still
be able to access HippoCampus and its content. These cookies do not
and cannot provide HippoCampus or NROC with any personally
identifiable information about an Internet user. EdReady
TM
requires you
to create a user account to benefit from its personalized learning
capabilities.
When we report
information about EdReady
TM
and
HippoCampus access, use, and impact, we report aggregate,
non-personally identifiable data. Occasionally, we report quoted
feedback from users. We do not attribute feedback to specific
individuals unless we obtain permission to use that person's name
along with the feedback.
EdReady
TM
Institutional
Versions
If you are accessing
and using one of the institutional versions of EdReady
TM
additional data may be collected, and additional rights of access to
your data apply. Institutional versions of EdReady
TM
can be
identified by additional branding and text, as well as by the
inclusion of additional specification in the URL (i.e., any
identifying text other than ’edready’). As a rule, institutional
versions of EdReady
TM
allow for
authorized personnel from the identified institution to require
additional information (including personally identifiable information
(PII)) from you and to access the data you provide to EdReady
TM
in addition to the other rights of access enumerated here. Those
institutions are obligated to protect your privacy under the Family
Educational Rights & Privacy Act of 1974 (FERPA), as amended and
under the respective institution’s policies concerning educational
record privacy, and your data may only be used for legitimate
educational and evaluation purposes. If you self-register for an
institutional version of EdReady™, you are asked to agree to these
terms upon signing up. Where possible, links to any additional terms
specific to that version are provided. If you were pre-registered for
an institutional version, the institution involved has asserted
rights and responsibilities for your education that include rights to
access your data on EdReady™, and those terms will be located
elsewhere. Note that none of these additional rights alters your
ownership of your data. Barring any external factors beyond NROC’s
control, you have the right to close your account and delete your
data from EdReady™ at any time.
Note that
institutional versions of EdReady
TM
may be, but
are not necessarily, governed by, construed, and enforced in
accordance with the laws of the state of domicile of the Institution
as applied to contracts entered into solely between residents of, and
to be performed entirely in, such state.
Commercial or
External Links
The appearance of
hyperlinks within the Sites is provided for convenience only and does
not necessarily constitute endorsement by the NROC Project. Please
note that once you have used these links to leave our site, we do not
have any control over these other websites and our Terms of Use no
longer control your internet browser session. Therefore, we cannot be
responsible for the protection and privacy of any information which
you provide while visiting such sites, and such sites are not
governed by this privacy statement. You should exercise caution and
look at the privacy statement applicable to the website in question.
You are granted a
limited, non-exclusive right to create a text hyperlink to the Sites
for non-commercial purposes, provided such link does not portray The
NROC Project in a false, misleading, derogatory or otherwise
defamatory manner or light, and provided further that the linking
site does not contain any adult or illegal material or any material
that is, in The NROC Project’s sole opinion, offensive, harassing
or otherwise objectionable. This limited right may be revoked at any
time. You may not use NROC logos or our other proprietary graphics to
link to the Sites without the express prior written permission of The
NROC Project. Except as expressly stated above, you are not conveyed
any right or license by implication, usage, custom, estoppel or
otherwise in or under any Intellectual Property or other proprietary
right of The NROC Project or any third party.
Advertising
On occasion, we may
use third-party advertising companies to serve ads when you visit the
Sites. These companies may use general information (i.e., information
that does not include your name, address, email address, or any other
PII) about your visits to our web site in order to provide
advertisements about colleges and services of interest to you.
Ad-network cookies may be used to inform the network about whether or
not an advertisement has been served to the same computer before, and
if so, when the advertisement was served. NROC does not monitor such
third-party content and we are not responsible or liable in any
manner for such third-party content, or for any loss, liability,
harm, or damages incurred as a result of your use or access to such
third-party content. Such third-party content is provided “as is”
and you use such third-party content at your own risk.
Optional User
Accounts for Hippocampus
For those wishing to
create a free instructor account on HippoCampus, we request PII
related to the user’s teaching position, including name, email
address, position, school name, state, and subject of interest. We do
not collect postal addresses or phone numbers. NROC may use that
information to email account holders to let them know about updates
to the site or new collections that have been added, or to request
the user’s input about the site’s usefulness and how it might be
improved.
Security of
Information
We follow generally
accepted industry standards to protect the PII submitted to us, both
during transmission and once we receive it. However, no method of
transmission over the Internet, or method of electronic storage, is
100% secure. Therefore, while we strive to use commercially
acceptable means to protect your personal information, we cannot
guarantee its absolute security. Although we do not share PII with
third parties, we reserve the right to disclose your PII as required
by law and when we believe that disclosure is necessary to protect
our rights and/or comply with a judicial proceeding, court order, or
legal process served on our site.
Changes to This
NROC may find it
necessary to update this Privacy Policy from time to time. Any
changes will be posted at this site. Except as otherwise required by
law, any modifications made to this Privacy Policy will not
materially affect the privacy of data collected by NROC prior to the
effective date of the policy change. By using any of the Sites, you
agree to be bound by the terms of this Privacy Policy set forth
herein. We may make changes to our Privacy Policy at any time. We
encourage you to review the Sites and these terms periodically for
any updates or changes. Your continued access or use of any of the
Sites shall be deemed your acceptance of these changes and the
reasonableness of these standards for notice of changes. If you do
not agree and/or no longer agree to be bound by the terms of our
Privacy Policy, you may not use and must immediately cease your use
of the Sites. The terms of our Privacy Policy (and any additional
Terms of Use set forth on this website) constitute the entire
agreement between you and NROC with respect to the Sites. If you have
any questions or comments regarding our Privacy Policy, contact us
at
info@nroc.org
User
Content and Conduct
The Sites may include
public or restricted-access interactive areas or services, such as
email systems, discussion forums, chat rooms, message boards, online
hosting or storage services, mobile applications, tablet
applications, or other areas or services ("Interactive Areas")
in which you or other users create, post, or store any content,
messages, materials, data, information, text, music, sound, photos,
video, graphics, code, or other items or materials on the Sites
("User Content"). Interactive Areas are provided "as
is". You are solely responsible for your use of such Interactive
Areas and use them at your own risk.
If you post User
Content, you agree that your User Content will be accessible and
viewable by others. You agree not to post, upload to, transmit,
distribute, store, create, or otherwise publish through the Sites any
of the following:
User Content that is
unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent, or otherwise
objectionable;
User
Content that would constitute a criminal offense, violate the rights
of any party, or that would otherwise create liability or violate
any local, state, national, or international law;
User
Content that may infringe any patent, trademark, trade secret,
copyright, or other intellectual or proprietary right of any party;
User
Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
Any
unauthorized commercial use such as, but not limited to, engaging in
unsolicited promotions, political campaigning, advertising,
commercial hyperlinking off of the Sites, or collecting names and
email addresses for the purpose of sending unsolicited emails;
Private
information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers,
and credit card numbers;
Viruses,
corrupted data or other harmful, disruptive or destructive files;
and
User
Content that, in the sole judgment of The NROC Project, is
objectionable or which restricts or inhibits any other person from
using or enjoying the Interactive Areas or the Sites, or which may
expose NROC or its users to any harm or liability of any type.
This list of
prohibitions provides examples and is not complete or exclusive, and
NROC reserves the right to remove offending User Content at any time
from the Sites. By posting any User Content, you represent and
warrant that you have the lawful right to distribute and reproduce
such User Content. Except as explicitly indicated in these Terms of
Use, or unless otherwise indicated on the Sites, if you post User
Content to any of the Sites, you retain all rights in and to such
User Content. You grant NROC a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display such User Content throughout the world in any
media.
Surveys
You acknowledge and
agree that, except for User Content submitted in an Interactive Area,
any information or materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials, images, or other information regarding the Sites
or the NROC materials provided by you by participating in surveys
hosted by The NROC Project, or any third party vendors, on the Sites
or other sites, in the form of email, or any other submissions, are
non-confidential and shall be the sole property of NROC, and that
upon submission of such materials you thereby assign without
additional consideration all rights, title, or interest you may hold
in such information and materials to The NROC Project. NROC shall own
exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of the
submission information and materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Infringement
Notification
This section
constitutes NROC's
Digital
Millenium Copyright Act (DMCA) Statement
NROC, prior to making any materials publicly available on the Sites,
has reviewed all materials extensively to determine the correct
ownership of the materials and obtain the appropriate licenses to
make the materials available. NROC will promptly remove any material
that is determined to be infringing on the rights of others. If you
believe that a portion of NROC materials infringes another's
copyright, contact us via
email
or
write to us at:
NROC: Copyright
Infringement, P.O.
Box
28818, Scottsdale, AZ 85255-0163
If you do not include
an electronic signature with your claim, you may be asked to send or
fax a follow-up copy with a signature. To file the notification, you
must be either the copyright owner of the work or an individual
authorized to act on behalf of the copyright owner. Your notification
must include:
Identification of
the copyrighted work, or, in the case of multiple works at the same
location, a representative list of such works at that site.
Identification
of the material that is claimed to be infringing or to be the
subject of infringing activity. You must include sufficient
information, such as a specific URL or other specific
identification, for us to locate the materials.
Information
for us to be able to contact the claimant (e.g., email address,
phone number).
statement that the claimant believes that the use of the materials
has not been authorized by the copyright owner or an authorized
agent.
statement that the information in the notification is accurate and
that the claimant is, or is authorized to act on behalf of, the
copyright owner.
EdReady
TM
Accounts
Individual
EdReady
TM
Accounts
NROC allows
individuals to create a personal account on
the
public version of EdReady
TM
By registering for an account, you agree that you are solely
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. You agree that the information you provide to
NROC will be true, accurate, current, and complete.
Your Data in
EdReady
TM
You own the data you
directly provide to EdReady
TM
including any personal information you provide during sign-up and
data provided during subsequent use of the application. NROC will
store these data on your behalf as long as the account remains
active. You may export your data (as a csv file) at any time.
Termination of
Your EdReady
TM
Account
You may terminate
your EdReady
TM
account at any
time by following the instructions on your account page. If you
terminate your account, NROC will no longer store the data you
provided directly in any identifiable form. However, NROC will retain
aggregate and anonymized statistics gathered while you were using the
site, and NROC reserves the right to generate reports on EdReady
TM
use and
outcomes that include your (anonymized) data. By using EdReady
TM
you grant to NROC these rights to utilize your data in the manner
described.
You also agree that
NROC may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes, but is not
limited to: (1) any suspected fraudulent, abusive, or illegal
activity; (2) requests by law enforcement or other government
agencies; (3) discontinuance or material modification of any Site or
any service offered on or through the Sites; or (4) unexpected
technical issues or problems.
Accounts for
Institutional Versions of EdReady
TM
NROC works closely
with a variety of educational institutions (e.g., programs, schools,
districts, colleges, state systems) and other partners, any of which
may sponsor a custom EdReady
TM
account. Not
all institutional versions allow for self-registration, but in cases
where self-registration is enabled, notwithstanding the fact that
your account details will also be accessible to authorized personnel
at the sponsoring institution, you are responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You agree
that the information you provide to NROC will be true, accurate,
current, and complete. In cases where your account on an
institutional version of EdReady
TM
is created for
you, you are subject to the rights and responsibilities imposed by
that institution.
Your Data in an
Institutional Version of EdReady
TM
You own the data you
directly provide to an institutional version of EdReady
TM
including any personal information you provide during sign-up and
data provided during subsequent use of the application. However, in
most cases, you will also grant a license to the institutional
sponsor to access, store, and utilize those data according to
institutional regulations and legal obligations. NROC will store
these data on your behalf, as well as those of the institutional
sponsor, as long as the account remains active. You may export your
data (as a csv file) at any time.
Termination of
Your Account for an Institutional Version of EdReady
TM
You may terminate
your account on an institutional version of EdReady
TM
at any time by
following the instructions on your account page. If you terminate
your account, NROC will no longer store the data you provided
directly in any identifiable form. However, NROC will retain
aggregate and anonymized statistics gathered while you were using the
site, and NROC reserves the right to generate reports on EdReady
TM
use and
outcomes that include your (anonymized) data. By using EdReady
TM
you grant to NROC these rights to utilize your data in the manner
described. Furthermore, copies of your data may be retained and
utilized by the institutional sponsor, subject to any limitations on
those data imposed by institutional regulations and legal
obligations.
You also agree that
NROC may, in its sole discretion and without prior notice, terminate
your access to any institutional version of EdReady
TM
for cause, which includes, but is not limited to: (1) any suspected
fraudulent, abusive, or illegal activity; (2) requests by law
enforcement or other government agencies; (3) discontinuance or
material modification of any Site or any service offered on or
through the Sites; or (4) unexpected technical issues or problems.
Notification
for partner institutions in the event of data breaches and other
security incidents
Within
72 hours of discovering an issue, The NROC Project will report to
institutional partners any: (1) unauthorized access, use, disclosure,
modification, or destruction of any data or user records; or (2)
interference with The NROC Project's information-systems operations.
NROC is SOC 2 Type 2 (Security) compliant, and we maintain policies
and procedures to continuously monitor, mitigate, and respond to any
incidents that violate data security, privacy, or application
performance. Copies of our active policies and specifications are
available on request.
HippoCampus
Accounts
Custom
HippoCampus Account
NROC allows
individuals to create custom HippoCampus pages. In order to create a
custom page, you must register for an account. By registering for an
account, you agree that you are solely responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You agree
that the information you provide to NROC will be true, accurate,
current, and complete.
Termination of
your HippoCampus Account
You agree that NROC
may, in its sole discretion and without prior notice, terminate your
access to the Site, for cause, which includes, but is not limited to:
(1) any suspected fraudulent, abusive, or illegal activity; (2)
requests by law enforcement or other government agencies; (3)
discontinuance or material modification of any Site or any service
offered on or through the Sites; or (4) unexpected technical issues
or problems.
Indemnification
To the extent allowed
by applicable law, you agree to defend, indemnify, and hold harmless
The NROC Project, its affiliated entities, independent contractors,
service providers and consultants, and its respective directors,
employees, and agents, from and against any claims, damages, costs,
liabilities, and expenses (including, but not limited to, reasonable
attorneys' fees) arising out of or related to your use of the Sites
and the NROC Materials, including without limitation, any actual or
threatened suit, demand, or claim made against The NROC Project
and/or its affiliated entities, independent contractors, licensors,
service providers, employees, directors, or consultants, arising out
of or relating to the your conduct, your violation of these Terms of
Use, or the Privacy Policy, as each may be amended from time to time,
or your violation of any law(s), regulation(s), or the right(s) of
any third party.
Limitation
of Liability
IN NO EVENT SHALL THE
NROC PROJECT, ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR THE NROC
MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE
NROC PROJECT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE UNIVERSITY'S RECORDS,
PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
THE NROC PROJECT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE
USE OF OR INABILITY TO USE THE SITES OR THE NROC MATERIALS, EXCEED
ANY COMPENSATION YOU PAY, IF ANY, FOR ACCESS TO OR USE OF THE SITES.
Applicable
Law and Venue
Except in cases where
applicable law may be different for an institutional version of
EdReady
TM
these Terms of Use and your use of the Sites and the NROC materials
shall be governed by and construed in accordance with the laws of the
State of California applicable to agreements made and to be entirely
performed within the State of California, without resort to its
conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to these Terms of Use (except as
may be provided with respect to third party copyright complaints)
shall be filed only in the state and federal courts located in Santa
Clara County, California and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of
such courts over any suit, action, or proceeding arising out of these
Terms of Use.
Contact
Us
If you have any
questions about these Terms, or about any other aspect of the Sites
and NROC, please contact us:
The
NROC Project
P.O.
Box
28818
Scottsdale
AZ
85255-0163
866-591-1431
(fax)
info@nroc.org