Terms and Conditions
Last updated: Aug 8, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
● Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
● Account means a unique account created for You to access our Service or parts of our Service.
● Company (referred to as either “the Company”, “Provider”, “We”, “Us” or “Our” in this Agreement) refers to MV Learning, LLC, 6452 E Fulton St #1 Ada, MI 49301.
● Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
● Country refers to the United States.
● Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
● Service refers to the Website.
● Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
● Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
● Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
● Website refers to Mckinney-Vento.org, accessible from mckinney-vento.org
● LEA local education agency[1]
● You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically terminate, unless you opt for an auto renewal and payment is received prior to renewal.
You may cancel Your Subscription renewal by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, email, and a valid payment method information.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use 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 trademark 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.
Data Tool Services and Disclosures
The following subsections (a) to (e) apply if and only if You are purchasing Our “Data Tool Services”:
(a) PII
You and the Company acknowledge that transmissions from the Data Tool Services may contain highly sensitive, personal information, including without limitation Personally Identifiable Information and other protected information (“Protected Information” or “PII”), and You shall ensure that all such Protected Information is secured from transmission or disclosure to unauthorized recipients. You shall be solely responsible for establishing commercially reasonable safeguards to prevent the transmission or disclosure of Protected Information to unauthorized recipients. In addition, You shall be solely responsible for the determination of the identities of authorized recipients and unauthorized recipients. You agree to handle the data in accordance with all applicable federal, state, or local laws or regulations, and that You will monitor employees and contractors using the Data Tool Services to ensure they abide by these Terms of Service.
(b) HIPAA
You represent and warrant that You are not a health care provider, health plan, or health care clearinghouse (collectively, a “covered entity”) as those terms are defined under the federal Health Information Portability and Accountability Act (“HIPAA”). You further represent and warrant that You are not a business associate as that term is defined under HIPAA. You further agree to indemnify and hold the Company and its officers, members, agents and employees harmless from any and all claims and demands (including reasonable attorneys’ fees) made by You or any third party due to or arising out of any claim that the Company is a covered entity or business associate, due to Your use of the Data Tool Services.
(c) FERPA
When providing the Data Tool Services, both You and the Company are subject to the Family Educational Rights and Privacy Act (“FERPA”) and to that end agree: (i) both parties are each providing educational services; (ii) each party has a legitimate educational interest in the student education records disclosed under these Terms of Service; and (iii) We agree to be under the direct control of an authorized user of the Data Tool Services with respect to the use and maintenance of information from student education records. Any party, including a school official that receives student education records acknowledges that the student education record is confidential and may use the information only for the purposes for which the disclosure was made hereunder. We may not re-disclose the information to any third party without prior written consent from the student, its parent or legal guardian (“Parent”), or an authorized user of the Data Tool Services. Furthermore, both parties shall work together to share student education records in a manner that best assures the protection of student education records from disclosure.
(d) COPPA
Both You and the Company acknowledge and agree that users of the Data Tool Services may enter PII of children under the age of thirteen (13), that such information is defined under the Children’s Online Privacy Protection Rule (“COPPA”), including: (i) first and last name; (ii) home or other physical address; (iii) email address; (iv) telephone number; (v) social security number; (vi) persistent identifier; (vii) photograph, video, or audio file which contains a child’s image or voice; and (viii) information collected that is combined with any of the previous information; and all such PII shall be subject to the provisions of COPPA.
Each party represents and warrants that to the extent such party’s own activities that use the Data Tool Services are subject to the provisions of COPPA, such party shall operate in accordance with the applicable terms of COPPA for the duration of the term hereof.
We shall make commercially reasonable efforts to ensure that PII remains confidential and secured from transmission or disclosure to unauthorized recipients until such PII is deleted pursuant to the terms herein and Our Privacy Policy.
We shall make no commercial use of PII collected on Your behalf other than for educational purposes and shall use PII solely for Your benefit. We shall provide to You all notices required by COPPA regarding Our practices as they relate to collecting, using, or disclosing PII, as well as notice of any material change to such practices in a timely manner under the law. We shall rely on You to obtain verifiable consent from a Parent of each child under 13 registered in association with You to use the Data Tool Services.
In the event a Parent requests to exercise such Parent’s right to: (i) review; (ii) request deletion of; or (iii) refuse further use or collection of the PII collected from the Parent’s child, You shall relay such request to US without unreasonable delay following Your successful verification that the requester is the child’s Parent.
We shall delete PII collected from children under the age of 13: (i) once such PII is no longer needed to fulfill the purpose of its collection; or (ii) upon verified request by such child’s Parent, and shall utilize commercially reasonable safeguards to protect the PII from unauthorized access or use upon its disposal.
(e) CCPA
To the extent that California Consumer Privacy Act (“CCPA”) applies to the processing of any PII by Us pursuant to Your instructions in relation to the Data Tool Services, the following also apply: (i) You have read and understand the provisions and requirements of the CCPA, and shall comply with them; (ii) It is the intent of both You and the Company that the sharing or transferring of PII from You to Us during the course of Our performance of the Data Tool Services does not constitute selling of personal information as that term is defined in the CCPA, because You are not sharing or transferring such data to Us for valuable consideration; and (iii) We will only use personal information for the specific purpose(s) of performing the Data Tool Services and within the direct business relationship with You.
Data
Storage of Data: In compliance with relevant laws, Student Data will be stored within the United States. If requested by the LEA, the Provider will furnish a list of the locations where Student Data is stored.
Audits: Upon a written request from the LEA with at least ten (10) business days’ notice, and after the execution of a suitable confidentiality agreement, the Provider will permit the LEA to conduct security and privacy audits. These audits will ensure the protection of Student Data or any relevant portions concerning service delivery to the LEA. Audits may occur no more than once a year, or in case of unauthorized access. The Provider will reasonably cooperate with the LEA and any relevant local, state, or federal agency overseeing or having jurisdiction in connection with audits or investigations related to the Provider and/or service delivery to the LEA and students. Reasonable access to the Provider’s facilities, staff, agents, LEA’s Student Data, and all records related to the Provider, LEA, and service delivery will be provided. Failure to reasonably cooperate will be considered a significant violation of the Data Protection Agreement (DPA).
Data Security: The Provider commits to employing administrative, physical, and technical measures to safeguard Student Data against unauthorized access, disclosure, acquisition, destruction, use, or alteration. The Provider will also comply with all relevant data security laws. In the Standard Schedule of the Data Protection Agreement (DPA), the Provider shall provide contact details of an employee whom the LEA can reach out to in case of any data security concerns or inquiries.[2] [3]
Data Breach: In the event of an unauthorized release, disclosure, or acquisition of Student Data that compromises its security, confidentiality, or integrity, the Provider must promptly notify the LEA within seventy-two (72) hours of confirming the incident, unless such notification would hinder a law enforcement investigation. If law enforcement involvement delays notification, the Provider will inform the LEA as soon as reasonably possible. The Provider will follow the following process:
1. The security breach notification will include, at a minimum, the following information to the extent known by the Provider and as it becomes available:
i. Contact information of the reporting LEA subject to this section.
ii. A list of the types of personal information that were or are reasonably believed to have been affected by the breach.
iii. If possible to determine at the time of the notice, either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification will also include the date of the notice.
iv. Information about any delay in notification due to a law enforcement investigation, if possible to determine at the time of the notice.
v. A general description of the breach incident, if possible to determine at the time of the notice.
2. The Provider agrees to comply with all federal and state requirements related to a data breach involving Student Data, including the necessary responsibilities and procedures for notification and mitigation of any such data breach.
3. The Provider acknowledges and commits to having a written incident response plan that aligns with best practices, industry standards, and federal and state laws for responding to a data breach, security breach, privacy incident, or unauthorized acquisition or use of Student Data, including personally identifiable information. The Provider will provide the LEA, upon request, with a summary of this incident response plan.
4. The LEA will provide notice and information about the breach to the affected students, parents, or guardians.
5. In the event of a breach originating from the LEA’s use of the Service, the Provider will cooperate with the LEA to promptly secure Student Data.
Student Data Ownership by LEA: All Student Data transmitted to the Provider under the Service Agreement is and will continue to be the sole property of and under the full control of the LEA. The Provider acknowledges and agrees that all copies of such Student Data transmitted to the Provider, whether modified, added to, or originating from any source, are bound by the terms of this DPA in the same manner as the original Student Data. Both Parties concur that all rights, including intellectual property rights related to Student Data as outlined in the Service Agreement, will exclusively remain the property of the LEA. Regarding FERPA compliance, the Provider will be regarded as a School Official, subject to the control and direction of the LEA in respect to the use of Student Data, despite the above provisions.
Parent Access: In compliance with applicable laws, the LEA will establish reasonable procedures to allow parents, legal guardians, or eligible students to review Education Records and/or Student Data, correct any inaccuracies, and facilitate the transfer of student-generated content to a personal account, as permitted by the functionality of the services. The Provider will respond in a reasonably timely manner (within forty-five (45) days from the date of the request or as required by state law for the LEA to respond to a parent or student, whichever is sooner) to the LEA’s request for access to Student Data in a student’s records held by the Provider for viewing or necessary corrections. In case a parent or individual contacts the Provider to review any Student Data accessed through the Services, the Provider will direct them to the LEA, which will follow the appropriate procedures regarding the requested information.
Creation of Separate Account: If the Provider stores or maintains Student-Generated Content, the Provider shall, upon the LEA’s request, facilitate the transfer of such content to a separate account that will be created by the student. Alternatively, the Provider will offer a mechanism that enables the LEA to perform the transfer to the student’s separate account.
Law Enforcement Requests: In the event that law enforcement or other government entities (“Requesting Party(ies)”) approach the Provider with a request for Student Data held by the Provider as part of the Services, the Provider will give advance notice to the LEA before making any compelled disclosure to the Requesting Party, except when legally instructed by the Requesting Party not to inform the LEA of the request.
Subprocessors: The Provider will establish written agreements with all Subprocessors responsible for carrying out functions on behalf of the Provider to deliver the Services under the Service Agreement. These agreements will ensure that the Subprocessors commit to protecting Student Data with safeguards at least as stringent as the provisions outlined in this Data Protection Agreement (DPA).
Privacy Compliance: The Provider will adhere to all relevant federal, state, and local laws, rules, and regulations concerning Student Data privacy and security, subject to any amendments made over time.
Authorized Use: The Student Data shared as per the Service Agreement, which includes persistent unique identifiers, will only be utilized for the specified Services outlined in Exhibit A or as mentioned in the Service Agreement, and any other purposes explicitly authorized under the statutes referenced in this Data Protection Agreement (DPA).
Provider Employee Obligation: The Provider must ensure that all its employees and agents who access Student Data comply with all applicable provisions of this Data Protection Agreement (DPA) regarding the Student Data shared under the Service Agreement. The Provider commits to obtaining and maintaining appropriate confidentiality agreements from each employee or agent with access to Student Data as part of the Service Agreement.
Non-Disclosure Commitment: The Provider acknowledges and agrees not to re-disclose any Student Data or any part thereof, including non-public information, user content, or personally identifiable information contained in the Student Data, unless directed or permitted by the LEA or this Data Protection Agreement (DPA). This restriction on disclosure does not apply to aggregate summaries of De-Identified information, Student Data disclosed in response to a lawfully issued subpoena or other legal process, or to subprocessors providing services on behalf of the Provider under this DPA. Additionally, the Provider will not sell Student Data to any third party.
Usage of De-Identified Data: The Provider commits not to attempt to re-identify de-identified Student Data. De-Identified Data may be utilized by the Provider for purposes allowed under FERPA, as well as the following purposes: (1) aiding the LEA or other governmental agencies in conducting research and studies; (2) research and development of the Provider’s educational sites, services, or applications, and to showcase the effectiveness of the Services; and (3) for adaptive learning and customized student learning purposes.
The Provider’s use of De-Identified Data will continue even after the termination of this Data Protection Agreement (DPA) or any request by the LEA to return or destroy Student Data. With the exception of Subprocessors, the Provider agrees not to transfer de-identified Student Data to any party unless: (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA, who must provide prior written consent for such transfer.
Before publishing any document that explicitly or indirectly names the LEA, the Provider shall obtain written approval from the LEA regarding the manner in which de-identified data is presented.
Data Disposition: If the LEA submits a written request, the Provider will either dispose of or facilitate the transfer of Student Data obtained under the Service Agreement within sixty (60) days from the date of the request, following a mutually agreeable schedule and procedure.
Upon the termination of this Data Protection Agreement (DPA) and in the absence of any written request from the LEA, the Provider will dispose of all Student Data after providing the LEA with reasonable prior notice.
The obligation to dispose of Student Data does not apply to Student Data that has been De-Identified or stored in a separate student account.
Data Provision in Accordance with Laws: The LEA shall furnish Student Data for the purpose of obtaining the Services, ensuring compliance with all relevant federal, state, and local privacy laws, rules, and regulations, subject to any amendments made over time.
Prudent Safeguards: The LEA will employ reasonable precautions to ensure the security of usernames, passwords, and any other methods used to access the services and hosted Student Data.
Notification of Unauthorized Access: The LEA will promptly inform the Provider of any discovered unauthorized access. Additionally, the LEA will provide assistance to the Provider in their efforts to investigate and address any instances of unauthorized access.
Copyright Policy
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@mckinney-vento.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
● A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
● Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
● Your address, telephone number, and email address.
● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@mckinney-vento.org.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
● By email: support@mckinney-vento.org
● By mail: 6452 E Fulton St #1 Ada, MI 49301