General Information: (802) 355-9560
Support: (802) 503-5285
Effective Assessment LLC
2103 Notch Rd
Jericho, VT 05465
Information Collection and Use
Effective Assessment collects personally identifiable information when users are entered into the system and when information is entered by users.
Information Sharing and Disclosure
Effective Assessment will not sell or rent your personally identifiable information to anyone. Effective Assessment may send personally identifiable information about you to other companies or people when: We respond to subpoenas, court orders or legal process; or We find that your actions on our web sites violate the Effective Assessment Terms of Service or any of our usage guidelines for specific products or services.
Your Effective Assessment Account Information is password-protected for your privacy and security. In certain areas Effective Assessment uses industry-standard SSL-encryption to protect data transmissions.
Effective Assessment may amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on our pages.
Questions or Suggestions
If you have questions or suggestions, please email us at email@example.com, or contact us at:
Effective Assessment LLC
2103 Notch Rd
Jericho, VT 05465
Terms of Service
This agreement is made and entered into by Effective Assessment LLC("EA"), a Vermont Limited Liability Company with its principal place of business at 2103 Notch Road, Jericho, VT and the School for the Services, Period, and Payment Terms as defined in the Email request and acknowledgment. The Email request, acknowledgment, and Terms of Service, when accepted, constitutes the entire agreement ("Agreement") between the parties.
The School: When the School is referenced in this agreement, all terms referenced shall apply to any and all users from the School, which may include administrators, professionals, teachers, employees, and agents from the School. The School is responsible for its users' conformance to the agreement.
As Is: The School understands that the Services are provided "as is." EA will make its best effort to maintain a properly functioning system and will respond to any malfunction as expeditiously as possible under the circumstances in existence when the non-conformance occurs. EA makes no guarantee that the users and/or subscribers will not experience downtime, malfunction or problems due to network issues, software bugs, system failures, and/or unforeseen circumstance outside the control of EA.
Third Party Fees: The Services need to be accessed via the Internet, the School is responsible for maintaining the infrastructure required to access the Services, at its own expense.
Payment: The Total Yearly Fee is due in full as specified by the Payment Terms. In the event the School fails so to pay, EA reserves the right to cancel immediately this Agreement in its entirety, suspend the Services, and seek full remedies for the School's default.
Privacy: The Services store data of a confidential nature. EA will not knowingly disclose or disseminate any confidential information to third parties without prior consent of the School. EA may inspect certain confidential information for the purpose of system maintenance and to verify correct system operation.
Security: The Services have been designed to withstand breaches in the system from unknown entities. EA will maintain the technical security of the Services to prevent unauthorized viewing of data; unauthorized modification of data; and denial of service to the user base.
Password Protection: Each user of the School will receive an account and password to access the Services. The School is responsible for maintaining the confidentiality of the account and password information. The School is fully responsible for all activities that occur under its password or account and by its users. The School understands and accepts that EA cannot be held liable for any loss or damage arising from the School's failure to comply with this paragraph.
Data Integrity: The Services are regularly backed up. In the unlikely event that the Services should experience system failure, EA will make its best efforts to return the system to its exact state as it existed prior to the failure. In the event this is not possible, the most recent backup will be restored. The School understands that such loss of data can occur.
System Availability: The Services have been designed to provide a highly available environment. However, the Services may become temporarily unavailable due to upgrades, system maintenance or unforeseen technical issues. In these instances, EA will make its best effort to return the system to its functioning state as soon as feasible. The School understands and accepts that said temporary system unavailability may occur throughout the duration of this Agreement.
Responsibility for Content: No subscriber, customer or user may upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way content, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner. Any material shared by the Service must conform with the Content Sharing Agreement.
Member Conduct: Users shall not explore the Services and attempt to find security weaknesses. Any attempt to "hack" into the Services will result in suspension of the user's privileges and notification of the School.
Modifications to the Services: In an effort to improve quality, reliability, performance and features, EA shall make changes to the Services throughout the duration of this Agreement. EA reserves the right to modify the Services without notice. EA shall not be liable for any modification, suspension or discontinuance of the Services or any part of the Services. EA will make the final decision as to any/all changes made to the Services.
Indemnity: The School agrees to indemnify and hold EA and its officers, agents, employees, and other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of its use of the Services and any of the subject matter set forth in this Agreement.
Extension of Agreement: On or before the end of the Period, EA may invoice the School for an additional calendar year of the Services. The fees may be the same or may increase up to 10% annually to reflect the current pricing of the Services. If the School chooses to pay the invoice, the School will receive the Services for an additional calendar year under the existing terms of the Agreement.
Disclaimer of Warranties: The School expressly understands and agrees that the use of the Services is at its sole risk. The Services are provided on an "as is" basis. EA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, or fitness for a particular purpose and non-infringement. EA makes no warranty that: 1) the Services will meet your requirements; 2) the Services will be uninterrupted, timely, secure or error-free; 3) the information obtained from the Services will be accurate or reliable; and 4) any errors in the Services will be corrected. No advice or information, whether oral or written, obtained by the School from EA or through or from the Services shall create any warranty not expressly stated in this Agreement.
Limitation of Liability: The School expressly understands and agrees that it will not hold EA liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) the use or the inability to use the Services; 2) the cost of procurement of substitute services; 3) unauthorized access to or alteration of the School's data; and/or 4) any other matter relating to the Services. Without waiving the foregoing limitation of liability, in the event the School should pursue any cause of action under this Agreement involving EA, at EA's discretion it may terminate the Agreement by refunding the subscription fee paid for the current year.
General Information: The terms of this Agreement constitute the entire agreement between the School and EA and govern the School's use of the Services, superseding prior agreements between the parties. This Agreement shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. The School and EA agree to submit to the personal and exclusive jurisdiction of the state court located within the County of Chittenden, Vermont or if the claim is federal in nature, to the District of Vermont. The failure of EA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The School agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Attorney Review: The parties understand and agree that they have had the opportunity to review this Agreement with an attorney and have read and fully understand the content and the terms set forth in this Agreement.
Content Sharing Agreement
Effective Assessment is committed to complying with U.S. copyright and related laws, and requires all customers and users of Effective Assessment ("the Service") to comply with these laws. Accordingly, you may not share or disseminate any material or content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Effective Assessment enables copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them as described below, and also complies with the Digital Millennium Copyright Act of 1998 ("the DMCA"). You may receive a notice if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of the DMCA to report alleged infringements. It is Effective Assessment's policy in accordance with the DMCA and other applicable laws to remove allegedly infringing content, and to reserve the right to terminate the Service provided to any subscriber, customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Effective Assessment, in its sole discretion, believes is infringing these rights. Effective Assessment may terminate the Service at any time with or without notice for any affected customer or user.
Reporting Alleged Infringements to Effective Assessment under the DMCA
Copyright owners may report alleged infringements of their works that are stored on the Service by sending Effective Assessment's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Effective Assessment's receipt of a satisfactory notice of claimed infringement for these works, Effective Assessment will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or (ii) disable access to the work(s). Effective Assessment will also notify the affected subscriber, customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Effective Assessment a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
Effective Assessment LLC
2103 Notch Rd
Jericho, VT 05465
Misrepresentations of Copyright Infringement
Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Effective Assessment, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
Responding to a DMCA Notice
If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Effective Assessment. Upon receipt of a counter notification that satisfies the requirements of the DMCA, Effective Assessment will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Effective Assessment will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Effective Assessment's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.