TRACK MY PROGRESS WEB SITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.

SECTION 1. ACCEPTANCE OF TERMS, REVISIONS

By using this web site you are indicating that you have reviewed and are agreeing to the terms of the Track My Progress Web Site Terms and Conditions (the “Terms and Conditions”). For the purposes of these Terms and Conditions, the terms “we,” “us” and “our” refer to True Progress, LLC (“True Progress”), and the terms “you” and “your” refer to you personally and/or as a teacher or staff member acting as an agent of an educational institution.

We may revise these Terms and Conditions at any time without prior notice. Please review these Terms and Conditions for any changes each time you access this web site. Your continued use of this web site following the posting of any revisions to these Terms and Conditions will mean you accept those changes.

SECTION 2. COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY

Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound and animation) are owned by us and are protected by domestic and international copyright, trademark, patent and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are © 2013 True Progress, LLC. All rights reserved.

Permission is granted to download and print materials from this web site for the sole purposes of viewing, reading, and retaining for your personal reference. Any other copying, distribution, retransmission of, or creation of derivative works based on information or materials on this web site, whether in electronic or other form, without our express prior written permission is strictly prohibited.

All trademarks, service marks, and trade names used on the web site are proprietary to us or our licensors.

SECTION 3. CONFIDENTIALITY

Any information provided by you or gathered by True Progress or third parties during any visit to the web site shall be subject to the terms of True Progress’s Privacy Policy, which is incorporated herein by reference. Click here if you wish to read True Progress’ Privacy Policy.

You understand the web site will provide you with access to the proprietary and confidential information of True Progress and certain users of our services. You agree not to use, or to disclose to any third party, any Confidential Information available on this web site. The term “Confidential Information” includes without limitation the identities of students, student lists, student information and records, and any other information acquired from the web site not specifically for release to the general public. Without limiting the foregoing, you will not provide any Confidential Information to any competitor of True Progress.

SECTION 4. ADDITIONAL TERMS

If you are a student, the following terms also apply to you:

You must get your parent or guardian to read this Agreement before using this Website.

You will only register for and access the Services as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by True Progress now or in the future.

If you are accessing the Services on behalf of a school or district, the following terms also apply to you:

You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act (“COPPA”), which requires parental consent for online collection of personal information from children under 13. You must obtain advance written consent (“Consent”) from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy. You must keep signed Consents on file and provide them to True Progress upon our request. For more information on COPPA, please see www.ftc.gov/privacy.

You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member’s employment with you, you will require such individual to return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify True Progress immediately.

If you are accessing the Services as a teacher, the following terms also apply to you:

You represent and warrant that you have permission from your school and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of this Agreement.

You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy http://www.trackmyprogress.com/privacy. You must keep signed Consents on file and provide them to True Progress upon our request. For more information on COPPA, please see www.ftc.gov/privacy.

If you are accessing the Services as a parent, the following terms also apply to you:

You will only use the parent page(s) provided to you by your child or children’s teacher(s). You agree not to access the account or information about anyone other than the child for whom the parent page was provided.

You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.

SECTION 5. INDEMNIFICATION AND RELEASE

By accessing our web site, you agree to indemnify True Progress, our licensors, and officers and employees of True Progress and our licensors, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from: (i) your use of our web site and any services or products available through our web site; and (ii) True Progress’s use of any information you post, modify, update or otherwise change on the web site or by using the web site (excluding claims and expenses arising from True Progress’s gross negligence in connection with, or willful misuse of, such information). In addition, you hereby release us, our licensors, our officers and employees, and the officers and employees of our licensors, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to any services or products available at our web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

SECTION 6. DISCLAIMER

THE MATERIALS AND SERVICES ON OUR WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE OR THE INFORMATION CONTAINED THEREIN WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 7. USE BY CHILDREN

True Progress collects limited personal information from minor students, but only where that student’s school, district, and/or teacher has contracted with True Progress to collect personal information from students for the use and benefit of the learning environment. True Progress requires schools, districts, and/or teachers to obtain parental consent from students’ parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you are able to sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will permanently delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, or that a student’s school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at support@trackmyprogress.com.

SECTION 8. CONTENT PROVIDED BY USER

By posting or submitting content to the Site you automatically grant to True Progress the right to use, reproduce, display, perform, adapt, modify, distribute, or promote the content in any form for any purpose. You further represent and warrant that you own or otherwise control all necessary rights to the content and that public posting and use of the content by True Progress will not infringe or violate the rights of any third party. You acknowledge and agree that you are responsible for all content posted or submitted by you.

SECTION 9. LINKS TO OTHER WEB SITES AND SERVICES

To the extent that our web site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk

SECTION 10. OTHER RESTRICTIONS ON CONDUCT

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to control the dissemination and use of passwords; authorize, monitor, and control access to and use of your account and password; and promptly inform us of any need to deactivate an account. You grant us the right to transmit, monitor, retrieve, store and use your information in connection with the operation of our web site. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION YOU SUBMIT TO THE WEB SITE OR FOR YOUR OR THIRD PARTIES’ USE OR MISUSE OF INFORMATION TRANSMITTED OR RECEIVED USING THE WEB SITE.

You agree not to disrupt, modify or interfere with the functioning of our web site or any services provided on or through our web site or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others’ use of our web site. You also agree not to alter or tamper with any information or materials on, or associated with, our web site or services provided on or through our web site.

SECTION 11. FEES AND PAYMENT

Access to the Services is free, but in the future, we may offer special features (including, without limitation, exclusive Content) which True Progress may charge for. Therefore, True Progress reserves the right to require payment of fees for certain Services. If you want access to those Services, you shall pay all applicable fees for those Services, as will be described on the Website. True Progress reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.

SECTION 12. CHOICE OF LAW AND FORUM

These Terms and Conditions are governed by the substantive laws of the state of New Hampshire, without respect to its conflict of laws principles. Any litigation relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts of New Hampshire.

SECTION 13. SEVERABILITY AND ENFORCEABILITY

If any provision or portion of these Terms and Conditions is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms and Conditions.

SECTION 14. TERMINATION/EXCLUSION

Failure to abide by any portion of these Terms and Conditions shall automatically terminate these Terms and Conditions and revoke your privilege to visit our web site. We may take appropriate steps to block your access and/or institute any other appropriate measures at our sole discretion.

Effective: September 1, 2012