Privacy Policy
Please read the following carefully.

This website is operated and maintained by FastBridge Learning, LLC ("FASTBRIDGE") for itself and its subsidiaries, affiliates, and/or related entities.

At FASTBRIDGE, we consider your privacy to be of the highest priority. It is our policy to respect the privacy of all website visitors to the extent permitted by law. Please read and understand our online privacy policies so that you understand how we treat your personal information. If you have any questions about this policy, the practices of this site, or your dealings with this site, you can contact us at the address below or email us at help@fastbridge.org.

Each time you visit our website or our online Subscription Service, we collect certain information from your computer. The information is used exclusively by FASTBRIDGE and is not shared with other organizations for commercial purposes. There are four types of information that this site may collect during your visit: network traffic logs, web visit logs, cookies, and information voluntarily provided by you.

Network Traffic Logs

In the course of ensuring network security and consistent service for all users, FASTBRIDGE employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage FASTBRIDGE computers or the network, and monitor and tune the performance of the FASTBRIDGE network. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of the FASTBRIDGE networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent unless required by law, including Minn. Stat. 13.15.

Web Visit Logs

FASTBRIDGE websites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the Internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, the capabilities of the browser, and search terms used on our search engines. This site makes no attempt to identify individual visitors from this information: any personally identifiable information is not released to external parties without your consent unless required by law, including Minn. Stat. 13.15.

Cookies

FASTBRIDGE, like many other websites, uses "cookies." Cookies are pieces of information stored by your web browser on behalf of a website and returned to the website on request. If you agree by configuring your browser to accept cookies, then your browser adds the text in a small file on your computer. The cookie keeps track of your stay at our website. The cookie is destroyed when the user successfully logs out.

This site may use cookies for two purposes: to carry data about your current session at the site from one webpage to the next, and to identify you to the site between visits. If you prefer not to receive cookies, you may turn them off in your browser or may set your browser to ask you before accepting a new cookie, however, the FASTBRIDGE Subscription Service will not function properly if the cookies are turned off. Unless otherwise notified on this site, we will not store data, other than for these two purposes, in cookies. Cookies remain on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. Unless otherwise notified, we do not use cookies to track your movement among different web sites and do not exchange cookies with other entities.

Information Voluntarily Provided by You

In the course of using FASTBRIDGE websites, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. Each web page requesting information discloses the purpose of that information. If you do not wish to have the information used in that manner, you are not required to provide it. Please contact the person listed on the specific page, or listed below, with questions or concerns on the use of personally identifiable information.

FASTBRIDGE websites may provide links to other third-party websites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services. In particular, external sites are not bound by FASTBRIDGE's online privacy policy; they may have their own policies or none at all. We recommend that you review the privacy policy of any linked site before using that site.

Minn. Stat. 13.15 provides that electronic access data may be disseminated: (1) to the commissioner for the purpose of evaluating electronic government services; (2) to another government entity to prevent unlawful intrusions into government electronic systems; or (3) as otherwise provided by law.

Student Assessment Data

The ownership, maintenance and security of student assessment data is covered in the standard FASTBRIDGE Terms of Use and License Agreement that is agreed to by each FASTBRIDGE customer. The customer maintains ownership of all student, teacher and assessment data. FASTBRIDGE has no rights to share that data except to (1) provide service directly to the school or district; (2) to maintain and improve FASTBRIDGE products and services; (3) for research purposes, though only in an aggregated and de-identified manner; or (4) to comply with state or federal laws or to comply with a ruling from a court of law.

FASTBRIDGE maintains a secure environment, using Secure Socket Layer (SSL) technology-one of the most prevalent and secure systems available online-and industry standard security precautions. SSL is a complex form of cryptography that makes it virtually impossible for a third party to decrypt any useful information you provide. You can be confident that your information is protected. Data is stored and backed-up on servers hosted by Amazon Web Services. To learn more about their security protocols, please review the following website:

http://media.amazonwebservices.com/pdf/AWS_Security_Whitepaper.pdf

Student Privacy Pledge

FASTBRIDGE is honored to be entrusted by educators and families to support their educational needs and school operations. As such, we take responsibility to both support the effective use of student information and safeguard student privacy and information security. We pledge to carry out responsible stewardship and appropriate use of student personal information according to the commitments below and in adherence to all laws applicable to FASTBRIDGE. As such, we commit to:

  1. Not collect, maintain, use or share student personal information beyond that needed for authorized educational/school purposes, or as authorized by the parent/student.
  2. Not sell student personal information.
  3. Not use or disclose student information collected through FASTBRIDGE (whether personal information or otherwise) for behavioral targeting of advertisements to students.
  4. Not build a personal profile of a student other than for supporting authorized educational/school purposes or as authorized by the parent/student.
  5. Not make material changes to FASTBRIDGE's online privacy policies without first providing prominent notice to the account holder(s) and allowing them choices before data is used in any manner inconsistent with terms they were initially provided; and not make material changes to other policies or practices governing the use of student personal information that are inconsistent with contractual requirements.
  6. Not knowingly retain student personal information beyond the time period required to support the authorized educational/school purposes (up to a maximum of twelve (12) months), or as authorized by the parent/student.
  7. Collect, use, share, and retain student personal information only for purposes for which we were authorized by the educational institution/agency, teacher or the parent/student.
  8. Disclose clearly in contracts or privacy policies, including in a manner easy for parents to understand, what types of student personal information we collect, if any, and the purposes for which the information we maintain is used or shared with third parties.
  9. Support access to and correction of student personally identifiable information by the student or their authorized parent, either by assisting the educational institution in meeting its requirements or directly when the information is collected directly from the student with student/parent consent.
  10. Maintain a comprehensive security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personal information against risks - such as unauthorized access or use, or unintended or inappropriate disclosure - through the use of administrative, technological, and physical safeguards appropriate to the sensitivity of the information.
  11. Require that our vendors with whom student personal information is shared in order to deliver the educational service, if any, are obligated to implement these same commitments for the given student personal information.
  12. Allow a successor entity to maintain the student personal information, in the case of our merger or acquisition by another entity, provided the successor entity is subject to these same commitments for the previously collected student personal information.

If you have any questions regarding our privacy practices, or if you wish to amend, update or confirm any information in our records or notify us to delete any information from our records, please contact us at:

FastBridge Learning, LLC
43 Main Street SE
Suite 509 Minneapolis, MN 55414
612-424-3714
www.fastbridge.org
help@fastbridge.org

THIS PRIVACY POLICY IS EFFECTIVE AS OF JULY 1, 2015. FASTBRIDGE RESERVES THE RIGHT TO REVISE ITS PRIVACY POLICY AT ANY TIME. ANY CHANGES TO THE PRIVACY POLICY WILL BE POSTED ON THIS WEBSITE AND WILL BECOME EFFECTIVE WHEN POSTED.

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Terms of Use and License Agreement
Please read the following carefully.

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

Acceptance

This Agreement must be accepted by CUSTOMER and FASTBRIDGE. CUSTOMER may indicate acceptance of this Agreement by: (1) signing and returning to FASTBRIDGE the printed acceptance form; (2) by electronic acceptance indicating that CUSTOMER accepts the Agreement; or (3) by accessing, using, printing, and/or displaying the MATERIALS. If CUSTOMER submits a purchase order for any products or services covered by this Agreement, CUSTOMER agrees that any pre-printed terms of such purchase order shall not apply or modify this Agreement and that this Agreement shall solely control and govern the transaction and such purchase order shall constitute acceptance of this Agreement.

FURTHER, BY CLICKING ON THE "YES, I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. PROCEEDING WITH REGISTRATION, OR ACCESSING, USING, PRINTING, OR DISPLAYING THE PRODUCTS OR SERVICES INDICATES CUSTOMER ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO, I DO NOT AGREE" BUTTON OR LEAVE THE WEBSITE. IF CUSTOMER DOES NOT AGREE WITH THESE TERMS, CUSTOMER SHOULD DECLINE THE REGISTRATION AND CUSTOMER MAY NOT ACCESS, USE, PRINT, OR DISPLAY THE PRODUCTS OR SERVICES.

Violation of These Terms of Use

If you violate these Terms of Use, LICENSE AGREEMENT or Privacy Policy, FastBridge Learning, LLC reserves the right, in its sole discretion, to immediately terminate your access to any or all Subscription Services, including any and all accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

Please contact us at help@fastbridge.org for any queries.

This Terms of Use and LICENSE AGREEMENT ("Agreement") governs access to and use of fee-based products and services offered by FastBridge Learning, LLC ("FASTBRIDGE"). By accessing, using, printing, displaying or registering for such products or services, you ("CUSTOMER") agree to the terms of this Agreement in which, CUSTOMER receives a limited license to access, use, print, display or register for such products or services for an initial one school year (August 1 ~ July 31) period.

FASTBRIDGE has developed a proprietary Internet-based direct, frequent, and continuous assessment system designed to monitor student achievement and instruction. In addition, FASTBRIDGE has developed Internet-based software employed in establishing and maintaining a database of student performance; providing access to the database through the Internet; providing skill assessment protocols, testing materials and instructions; and assessment probes, (collectively referred to in this Agreement as the "MATERIALS"). Some or all of the MATERIALS are copyrighted. All of the MATERIALS are proprietary. Use of the MATERIALS by any individual, organization, entity or enterprise is strictly prohibited except for a CUSTOMER entity authorized pursuant to this Agreement. The MATERIALS, software, online software documentation, printed training documentation and materials, and the FASTBRIDGE school support site (collectively the "Subscription Service") and any modifications, updates, revisions, or enhancements thereof are subject to the terms of this Agreement.

1. License Grant

Your use of the Subscription Service constitutes your express acceptance without reservation to these Terms of Use.

Use of the Subscription Service is also governed by our Privacy Policy and this End-User License ("LICENSE AGREEMENT") and any other terms of use applicable to services you register to use within a Subscription Service including any amendments or updates thereto.

FASTBRIDGE hereby grants to CUSTOMER and CUSTOMER hereby accepts from FASTBRIDGE a limited, non-exclusive, non-transferable, revocable license to access, print and use the MATERIALS for the limited purposes of assessing academic achievement and instruction of each LICENSED USER associated with CUSTOMER (as defined below).

CUSTOMER may not assign, sell, distribute, lease, rent, sublicense, or transfer the Subscription Service or the license granted CUSTOMER herein or disclose the Subscription Service to any other person.

"CUSTOMER" is a person, organization, public entity, business entity or enterprise which: (1) has paid a license fee to or is otherwise authorized by FASTBRIDGE to access, print, display, and use the MATERIALS on behalf of a LICENSED USER; and (2) CUSTOMER and LICENSED USER have agreed to be bound by the terms and conditions of this Agreement.

In this Agreement, all references to CUSTOMER or YOU include LICENSED USER.

All references to US or WE include FASTBRIDGE.

"LICENSED USER" means:

(a) If CUSTOMER is a corporation, or public body such as a school, or school district, or similar organization, a LICENSED USER may include an individual employee, student, or agent to whom CUSTOMER has conferred the right to use the MATERIALS. Any such individual is subject to the terms and conditions of this Agreement and must agree to be bound by the terms and conditions of this Agreement.

(b) If CUSTOMER is a post-secondary academic institution, academic library or similar research institution, a LICENSED USER may also include a post-secondary student and an academic researcher, provided that CUSTOMER identifies each to FASTBRIDGE and FASTBRIDGE consents to each. Any such entity is subject to the terms and conditions of this Agreement and must agree to be bound by the terms and conditions of this Agreement.

Upon expiration or termination of this Agreement, the nonexclusive limited license granted above shall automatically and immediately terminate and CUSTOMER agrees not to access, print, display, or use the MATERIALS and, upon request of FASTBRIDGE, to return all MATERIALS then in possession of CUSTOMER to FASTBRIDGE or destroy and certify to FASTBRIDGE the manner and date that CUSTOMER destroyed all MATERIALS.

2. Authorization

The use of the MATERIALS is strictly limited to those provided for in this Agreement. The MATERIALS may be used only for educational, academic research, and similar purposes. The MATERIALS may be used only for their stated and published purposes including monitoring of student performance scores, comparison of student performance scores, individually and across various cohort groups.

CUSTOMER agrees that the MATERIALS will not be:

(a) used for any "for-profit" commercial activities, unless specifically agreed in writing by FASTBRIDGE, including any use of any trademark of FASTBRIDGE;

(b) copied, duplicated, modified, translated, adapted, publicly displayed, or publicly performed without the express written consent of FASTBRIDGE;

(c) downloaded, transmitted, or re-transmitted or transferred for the purpose of evading the prohibition on copying, duplication or modification;

(d) sold, transferred, conveyed, pledged licensed, or sub-licensed;

(e) reverse engineered, decompiled, disassembled or subject to efforts to derive source code for any software and/or computer code components of the MATERIALS; or

(f) exploited for any purpose different from or contrary to the rights and interests of FASTBRIDGE or inconsistent with the stated terms and purposes of this Agreement.

Notwithstanding the foregoing, some of the MATERIALS, including any assessment protocols, which include assessment probes, testing sheets and instructions and similar information, may be duplicated for the internal distribution and administration of student performance tests, and to train employees of CUSTOMER, including each LICENSED USER, consistent with this Agreement.

3. Ownership

CUSTOMER is granted a non-exclusive limited license to use the MATERIALS under the terms of this Agreement and only in the business or professional activities of CUSTOMER. All right, title, and interest in and to the MATERIALS, the Subscription Services, the student performance data CUSTOMER enters via the Subscription Services, the personal and business information FASTBRIDGE captures for registration and billing purposes, and all intellectual property rights in and to the MATERIALS, the Subscription Services and the website of FASTBRIDGE, and all other materials shall remain solely vested in, to and with FASTBRIDGE.

4. Subscription Charges

FASTBRIDGE subscriptions are based on per student, per school year fees. The initial fee to activate a subscription is based on the estimate by CUSTOMER of the number of unique students that will have score data entered. FASTBRIDGE will run reconciliation reports in June of each subscription year and invoice for any overages at that time which CUSTOMER must pay. FASTBRIDGE will not credit subscription fees for any reason at any time.

Certain "Subscription Services" are available only from FASTBRIDGE via a dedicated service subscription to which the following applies:

(a) CUSTOMER agrees to pay, using a valid credit card, purchase order, or check written against readily-available funds which is acceptable to FASTBRIDGE, the subscription fees set forth by FASTBRIDGE, applicable taxes, and other charges incurred on the account of CUSTOMER in order to access, print and use the Subscription Services. FASTBRIDGE reserves the right to change fees, or to institute new fees at the end of each subscription year, upon reasonable notice posted in advance on http://www.fastbridge.orgor as otherwise provided. To continue to have access to the services, CUSTOMER must renew its Subscription Services on an annual basis. In the event CUSTOMER chooses not to renew FASTBRIDGE Subscriptions, FASTBRIDGE reserves the right to terminate CUSTOMER access to the Subscription Services. No refunds or credit will be granted for any cancellation or termination for any reason at any time.

(b) In addition to the charges set forth above, CUSTOMER is responsible for all expenses and charges associated with accessing the Internet; connecting to the Subscription Service; and any service fees associated with such access and connection. CUSTOMER is also responsible for providing all equipment necessary for CUSTOMER to make such connection, including without limitation, computer and modem and/or network connection. This includes all equipment and software used to load and print files saved in .pdf format.

(c) For purposes of identification and billing, CUSTOMER agrees to provide FASTBRIDGE with accurate, current and complete information as FASTBRIDGE may request or as otherwise required during registration for the Subscription Services, including, without limitation, the legal name, address, telephone number(s), e-mail address, and applicable payment data for CUSTOMER and to maintain and update this information to keep it accurate, current and complete. Failure to provide and maintain accurate, current and complete information may, at the option of FASTBRIDGE, result in immediate suspension or termination of this Agreement and the Subscription Services.

5. Password Confidentiality

Each FASTBRIDGE CUSTOMER is provided a password protected account. CUSTOMER is solely responsible for maintaining the confidentiality of the CUSTOMER password and agrees that FASTBRIDGE has no obligations with regard to the use by third parties of such password. CUSTOMER is entirely responsible for any activity occurring under the CUSTOMER account and password, as well as the passwords of all LICENSED USERS within CUSTOMER account. CUSTOMER agrees to notify FASTBRIDGE immediately if CUSTOMER has any reason to believe that the security of CUSTOMER data or any password has been compromised.

Should CUSTOMER forget the password, FASTBRIDGE will reset it for CUSTOMER at CUSTOMER's request; however, in order to protect the privacy of CUSTOMER and the data of CUSTOMER, FASTBRIDGE may require CUSTOMER to provide specific information for verification purposes.

6. Privacy and Security

FASTBRIDGE has taken reasonable actions, including use of encryption and firewalls, to ensure that data and information of CUSTOMER is disclosed only to those designated by CUSTOMER, as set forth in the FASTBRIDGE Privacy Policy. However, CUSTOMER acknowledges that the Internet is an open system and FASTBRIDGE cannot and does not warrant or guarantee that third parties will not intercept data and information of CUSTOMER.

7. Server Availability and Scheduled Down Times

FASTBRIDGE schedules daily maintenance from 2:00 a.m. to 4:00 a.m. Central Time, Monday through Sunday. In the event a mission-critical maintenance situation arises, FASTBRIDGE may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, CUSTOMER may be temporarily unable to transmit and receive data. CUSTOMER agrees to accept the risk of such unavailability and to fully cooperate with FASTBRIDGE during the scheduled and emergency maintenance periods. Such maintenance is a required part of the Subscription Service and no refunds or adjustment shall be made relating to Customer's in ability to access the CUSTOMER during any scheduled or emergency maintenance periods.

8. Liability Disclaimer

THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND. FASTBRIDGE MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. FASTBRIDGE DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES. IN NO EVENT SHALL THE LIABILITY OF FASTBRIDGE TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO FASTBRIDGE DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT WILL FASTBRIDGE BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE EVEN IF FASTBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FASTBRIDGE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FASTBRIDGE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF FASTBRIDGE OFFERINGS AND OPERATORS OF OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE SUBSCRIPTION SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

9. Indemnification

CUSTOMER hereby agrees to indemnify, defend, and hold harmless FASTBRIDGE from and against any and all claims, proceedings, damages, liability, and costs (including reasonable attorney fees) incurred by FASTBRIDGE in connection with any claim arising out of (i) any breach or alleged breach of any of CUSTOMER obligations set forth herein, (ii) any acts by CUSTOMER, or (iii) MATERIALS or information posted or transmitted by CUSTOMER in connection with the Subscription Service regardless of the type or nature of the claim. CUSTOMER shall cooperate as fully as reasonably required in the defense of any claim. FASTBRIDGE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by CUSTOMER and CUSTOMER shall not in any event settle any matter without the written consent of FASTBRIDGE.

10. Arbitration

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST US, our agents, employees, officers, directors, successors, assigns or affiliates (collectively, for purposes of this paragraph, "Licensor Group") arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Licensor Group's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM ("NAF") under its Code of Procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via the Internet at www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between CUSTOMER and FASTBRIDGE. Any award of the arbitrator(s) shall be final and binding on each of us, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained, and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405, or by email at file@arb-forum.com, or by online filing at www.arb-forum.com.

11. Injunctive Relief

You acknowledge and agree that it would be difficult to fully compensate FASTBRIDGE for damages resulting from the breach or threatened breach of these Terms of Use and LICENSE AGREEMENT and, accordingly, FASTBRIDGE will be entitled to seek injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions, to enforce such provisions. This provision with respect to injunctive relief will not, however, diminish FASTBRIDGE's right to claim and recover damages.

12. Term and Termination

This Agreement has a term of one (1) school year (August 1-July 31) and must be renewed each following school year by CUSTOMER for continued service.

Either CUSTOMER or FASTBRIDGE may cancel or terminate this Agreement upon thirty (30) days advanced written notice to the other via electronic mail or conventional mail, and all fees for the then-present term of this Agreement shall immediately become fully due and payable to FASTBRIDGE.

FASTBRIDGE reserves the right to restrict, suspend or terminate CUSTOMER access to the Subscription Services in whole or in part without notice and without liability, with respect to any breach or threatened breach of any portion of this Agreement. If FASTBRIDGE terminates this Agreement based on a breach of any portion of this Agreement, FASTBRIDGE reserves the right to refuse to provide Subscription Services to CUSTOMER.

Subject to the FASTBRIDGE Privacy Policy if the Agreement is terminated by FASTBRIDGE for reasons other than breach of this Agreement by CUSTOMER, any student data entered by CUSTOMER will be made available to CUSTOMER either through a third-party offsite vault storage provider or directly from FASTBRIDGE for up to twelve (12) months after termination. Additional charges to CUSTOMER may apply.

13. Modifications to Agreement and Subscription Services

FASTBRIDGE reserves the right to modify this Agreement and the software or policies associated with the Subscription Services and any MATERIALS at any time without advance notice to CUSTOMER. Customer's continued use of the Subscription Services following any modification shall be conclusively deemed an acceptance of all such modification(s).

FASTBRIDGE may add, change, discontinue, remove, or suspend any of the information, products, names, images, pictures, graphs, trademarks, icons, documents and materials, or features and specifications of products described, depicted, or posted within the MATERIALS and Subscription Service temporarily or permanently, at any time, without notice and without liability.

14. Student Data Export Requests

CUSTOMER may request an export of their export their data at any time. FASTBRIDGE will produce regular backups of any student data of CUSTOMER. Assuming all fees owed by CUSTOMER are current and have been paid, CUSTOMER may request that any of the student data of CUSTOMER be copied to physical data storage media and provided to CUSTOMER. Charges to CUSTOMER apply for this service. This service (receiving data) will be available to CUSTOMER only during the term of this Agreement and for a maximum period of twelve (12) months following the termination or expiration of this Agreement. After the twelve (12) month period expires, all such data will be destroyed and not available to CUSTOMER.

15. Support

At no additional charge, each CUSTOMER may use a comprehensive online customer service and assistance service, called "FastBridge Learning School Support." FASTBRIDGE agrees to exert reasonable efforts to provide the FastBridge Learning School Support service to CUSTOMER, as well as telephone and email support, but each form of support is provided "AS IS" and "AS AVAILABLE" basis and CUSTOMER acknowledges that use of such support is at the sole risk of CUSTOMER. FASTBRIDGE reserves the right to change, suspend, or institute new support services at any time, upon reasonable notice posted in advance on www.fastbridge.org or as otherwise provided.

CUSTOMER agrees to promptly report to FASTBRIDGE all defects, inconsistencies, or issues arising from the MATERIALS and the Subscription Services. CUSTOMER acknowledges that additional maintenance fees and upgrade costs may accrue in the event that FASTBRIDGE provides support for and/or is requested by CUSTOMER to rectify issues related thereto.

16. Student Assessment

The use, accuracy, and efficacy of the Subscription Service depend in large measure upon the accuracy and completeness of the data provided to FASTBRIDGE by CUSTOMER. CUSTOMER agrees that it will use the MATERIALS, and in particular the basic skill performance tests, protocols, reading passages, testing procedures, testing instructions, and all similar documents and information in a manner consistent with this Agreement and applicable guidelines and directions from FASTBRIDGE.

17. Use of De-Identified Data for Innovation and Research

Subject to the FASTBRIDGE Privacy Policy, CUSTOMER grants permission to FASTBRIDGE and its agents to use CUSTOMER data to maintain the software and to troubleshoot problems related to the software or related to CUSTOMER's data. CUSTOMER further grants permission to FASTBRIDGE to use CUSTOMER data to improve the products and services and for research activities in so far as FASTBRIDGE agrees to exclude any and all identifiable student data in any resulting reports or publications. CUSTOMER represents and warrants that CUSTOMER has obtained all consents necessary and is authorized to grant FASTBRIDGE the permissions contained herein.

18. Copyright, No Redistribution of Materials

The Subscription Service and MATERIALS are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. You agree that you will not redistribute, retransmit, copy, amend, or commercially exploit any materials, writings, compilations, data bases, logos, trademarks, audio, video, or graphic images found in the Subscription Service or MATERIALS without FASTBRIDGE's express written permission, which permission may be withheld or withdrawn in FASTBRIDGE's sole discretion.

19. Ownership and Intellectual Property Rights

All content contained in the Subscription Service and MATERIALS, including all text, names, images, pictures, graphs, icons, trademarks, documents, materials, computer code and software ("Content"), is FASTBRIDGE property and is protected by US and foreign copyright and trademark laws. You may not copy, reproduce, distribute, display, transmit or modify, decompile or re-engineer any of the Content contained on this site or use any trademarks or service marks FASTBRIDGE. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to CUSTOMER to use, copy, or imitate in whole or in part any of the Content. Any modification, derivative work, translation, or adaptation to the MATERIALS or the Subscription Service by CUSTOMER shall be subject to a royalty-free, non-exclusive, irrevocable worldwide license to FASTBRIDGE in and to same.

All logos, designs, and brand names for FastBridge Learning's products and services, including but not limited to Formative Assessment System for Teachers (FAST), aReading, earlyReading, CBMReading, aMath, earlyMath, CBMMath, SBMath, Behavior and DevMilestones, and ReadingAutomaticity are trademarks of FastBridge Learning, LLC, and its subsidiaries, registered, common law, or pending registration in the United States and other countries. "FastBridge Learning" and the "FastBridge Learning" logo are trademarks of FastBridge Learning, LLC. All other product and company names should be considered the property of their respective companies and organizations.

20. Import Taxes and Fees

When you acquire items, physical or otherwise, through any of the Subscription Services for delivery outside the United States, you are considered an importer and, as between you and FASTBRIDGE, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international Users and Users dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

21. Export Control Laws

The Subscription Services may be subject to United States and international export controls. By accessing the Subscription Services, you warrant that you are not located in any country, or exporting any Subscription Services, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods or which place restrictions on you that hinder, prohibit, or prevent you from accessing the Subscription Services. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Subscription Services that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

22. Governing Law

The laws of the State of Minnesota shall govern this Agreement and the interpretation and issues of enforcement related thereto without regard to any conflicts of law's provisions therein. CUSTOMER agrees to the personal and subject matter jurisdiction of the court sitting in the State of Minnesota. In the event that any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be valid and enforceable according to its terms.

23. Assignment

You may not assign these Terms and Conditions or the LICENSE AGREEMENT, or any right relating thereto, without the prior written consent of FASTBRIDGE, and any non-approved attempted assignment shall be null and void. The Terms and Conditions or the LICENSE AGREEMENT shall be binding upon, and inure to benefit of, the successors and permitted assigns of the parties hereto.

24. Waiver

Failure of either party to object to any act or omission of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by such party of any of its rights hereunder. No waiver by any party at any time of any other provision of the Terms and Conditions or the LICENSE AGREEMENT shall be deemed a waiver or breach of any other provision of the Terms and Conditions or the LICENSE AGREEMENT or consent to any subsequent breach of the same of any other provision hereunder. If any act or omission by any party shall require the consent or approval of another party, such consent or approval of such act or omission on any one occasion shall not be deemed a consent to or approval of said act or omission on any subsequent occasion or consent to or approval of any other act or omission on the same or any subsequent occasion.?Waiver of any rights or remedies must be in a signed writing by the waiving party.

25. Headings

The paragraph headings in this document are for convenient reference only, and shall not in any way affect the meaning or interpretation of the Terms and Conditions or the LICENSE AGREEMENT.

26. Notices

Except as expressly stated otherwise, all notices to FASTBRIDGE shall be sent to the either the postal or email address provided herein, which FASTBRIDGE may update from time to time

FastBridge Learning, LLC
43 Southeast Main Street, Suite 509
Minneapolis, MN 55414
www.fastbridge.org
help@fastbridge.org

Except as expressly stated otherwise, all notices to you shall be sent electronically to you via the account you established with us.?Such notice shall be deemed given on the date sent.

27. Force Majeure

Neither party to the Terms and Conditions or the LICENSE AGREEMENT shall be liable for failure to perform or delay in performance of any of its obligations under the Terms and Conditions or the LICENSE AGREEMENT (except payment of amounts already due and owing) where such failure or delay results from any act of God, military operation, catastrophic event directly related to terrorist activity, national emergency, or utility, or the order, requisition, request or recommendation of any government agency or acting government authority, or any party's compliance therewith, or government probation, regulation, or priority, or any change in laws or regulations which prevent any party from providing services required by the Terms and Conditions or the LICENSE AGREEMENT, or any other cause beyond any party's reasonable control whether similar or dissimilar to the foregoing causes.

28. Survival

Any provisions of the Terms and Conditions or the LICENSE AGREEMENT which requires performance or grants a benefit after termination of the LICENSE AGREEMENT shall be deemed to survive the termination of the LICENSE AGREEMENT.

29. Interpretation

The Terms and Conditions or the LICENSE AGREEMENT shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party. Any ambiguity shall not be interpreted against the drafting party.

30. Entire Agreement

The Terms and Conditions, Privacy Policy, and LICENSE AGREEMENT set forth the entire understanding of the parties in respect of the transactions contemplated hereby and supersede all prior arrangements and understandings, whether written or oral, relating to the subject matter hereof.

CONTACT US:

FastBridge Learning, LLC
43 Southeast Main Street, Suite 509
Minneapolis, MN 55414
612-424-3714
www.fastbridge.org
help@fastbridge.org

 

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FastBridge Learning | Research to Results