Effective Date: January 20, 2015
The following sets forth the agreement (this “Agreement”) between you and Nureva Inc., (with its affiliates, “Nureva,” “we” or “us”) under which you may use the Nureva™ Troove™ website located at www.nureva.com/troove-digital-portfolio or troove.nureva.com (each a “Website”) and all linked pages owned and operated by Nureva, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and the Nureva Troove mobile applications (each a “Mobile Application”), and all other elements of the Nureva Troove Service and other materials that are provided by or in connection with the Nureva Troove Service (collectively, the “Nureva Troove Service”).
The term “you” refers to you whether you are a “Visitor” (which means that you simply browse the Nureva Troove Service), you are a “Teacher” (which means that you setup a classroom to assist you with classroom organization and student assessment ), a “School” (which means you are a school district or individual school that wants to facilitate its teachers creating classrooms and connecting with students and parents), a “Student” (which means you have been invited by your Teacher to join the classroom to share and receive information about projects, assessments, and other school-related and personal information), or you are a “Parent” (which means you are the parent or guardian of a Student in a classroom and have been invited by such child’s Teacher to join the classroom to share and receive information about projects, assessments, and other school-related and personal information). “Account Holder” means the Teacher or School that has implemented the Nureva Troove Service and has invited a Student or Parent to use the Nureva Troove Service so implemented.
Use of the Nureva Troove Service is void where prohibited by law. By using the Nureva Troove Service, you represent and warrant that:
IF YOU ARE REPRESENTING AN ENTITY, BY USING THE NUREVA TROOVE SERVICE, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE ENTITY TO THIS AGREEMENT.
This agreement will change from time to time. You can review the most current version of this Agreement by visiting www.nureva.com/troove-digital-portfolio/terms-of-service. The most current version will supersede all previous versions. By continuing to use the Nureva Troove Service after changes are made, you agree to be bound by such changes.
Nureva Troove digital portfolio software is for K–12 students to provide evidence of their learning progress and receive ongoing input from teachers and parents throughout their learning journey.
Nureva Troove digital portfolio software provides alignment to curriculum standards and assessment using ready-made rubrics. The personal module also enables students to share and reflect on learning that takes place beyond the classroom, such as music, sports and areas of interest
The Nureva Troove Service is available to Visitors, Schools, Teachers, Parents and Students. You must be at least 18 years old to download the Mobile Application and/or use the Nureva Troove Service. If you are not at least 18 years old, you may download the Mobile Application and/or use the Nureva Troove Service only in conjunction with, and under the supervision of, your parent or guardian. Access to the Nureva Troove Service is granted based on the representation to us from the Account Holder that the Student’s School or Teacher has obtained parental consent for that child to use the Nureva Troove Service and to disclose Personal Information to us for use with the Nureva Troove Service. If you do not qualify, you may not download or use the Nureva Troove Service.
Each Teacher and/or School must store such consent for as long as such Student’s information is included in the Nureva Troove Service or until the Student is 18 years of age (whichever is earlier). Each Teacher and/or School shall indemnify and hold Nureva harmless from any and all claims that arise from failure to obtain the proper parental consent.
Parents and Students may only use and access the Nureva Troove Service with permission of your School or Teacher. Your School or Teacher may impose additional policies regarding the use of the Nureva Troove Service, and it is solely your responsibility to comply with them.
Provided that you otherwise fully comply with the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to download the Mobile Application and use the Nureva Troove Service for non-commercial purposes only.
Except as expressly authorized herein, you agree to the following restrictions:
We reserve the right to discontinue any and all functions of the Nureva Troove Service at any time.
In connection with your use of the Nureva Troove Service, you may be subject to charges imposed by your broadband, wireless or other applicable carrier. Payment of such charges is solely your responsibility.
By downloading the Mobile Application and/or using the Nureva Troove Service, you consent to receiving electronic communications and notices from Nureva. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
In connection with your use of the Nureva Troove Service, we may display certain third party advertising based on your current location or your use of the Nureva Troove Service. Additionally, the Nureva Troove Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Nureva. Nureva is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
You agree that use of the Nureva Troove Service does not constitute any basis for ownership of the Nureva Troove Service and that Nureva, and its affiliates or its licensors owns all legal right, title, and interest in and to the Nureva Troove Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of Nureva on the Nureva Troove Service (specifically excluding any User Content (as defined below) (collectively, “Nureva Troove Content”). The Nureva Troove Service and all of the Nureva Troove Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of Canada, the United States, and other countries. We reserve all rights not expressly granted to you herein in and to the Nureva Troove Service and Nureva Troove Content. Unless otherwise noted, the Nureva name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Nureva Troove Service are the property of Nureva, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing in the Nureva Troove Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Nureva Troove Service or any of the Nureva Troove Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Nureva Troove Service or Nureva Troove Content.
You are solely responsible for any content that you create, transmit, or display while using the Nureva Troove Service.
The Nureva Troove Service may, now or in the future, permit the submission of user content including text, files, images, videos, audios or other materials and content by you (“User Content”). Nureva does not endorse or approve any User Content that you or other users contribute or post. Nureva respects the intellectual property rights of others. You must have the legal right to upload any User Content to the Nureva Troove Service. You may not upload or post any User Content to the Nureva Troove Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant Nureva and its affiliates, employees, agents, representatives, licensors or other third party partners, a worldwide, non-exclusive, royalty-free, sub-licenseable and non-transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content only in connection with the Nureva Troove Service. The feature of the Nureva Troove Service to which you post User Content may also permit other users to access and use that User Content. Nureva may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering such aggregated information to third parties in connection with operating, accessing and marketing the Nureva Troove Service. No personally identifying information will be available to third parties in such aggregated information.
For so long as your account has not expired or been terminated and in accordance with sharing options provided by the Nureva Troove Service (as set by you if so provided), you also grant to each user of the Nureva Troove Service a limited, personal, non-exclusive, non-sublicensable and non-transferable license to access your User Content through the Nureva Troove Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Nureva Troove Service (subject to the privacy restrictions in the Nureva Troove Service and any copyright notices you include in your User Content) and under this Agreement.
You agree that Nureva may use your feedback, suggestions, or ideas in any way, including in future modifications of the Nureva Troove Service, other products or services, advertising or marketing materials. You grant Nureva a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Nureva in any way. Nureva will not sell, publish or share your feedback in a way that could identify you without your express permission.
Any content displayed and/or processed utilizing the Nureva Troove Service shall not contain any of the following:
In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, the user may not, and may not allow any third party to:
The Nureva Troove Service may, now or in the future, allow users to use the Nureva Troove Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the Nureva Troove Service.
The Nureva Troove Service may, now or in the future, provide access to other third party services, such as data sharing websites or social media websites (“Social Media Services”) to allow you to share your selected User Content with those services, and/or to import information about you and information about people you are connected with on those services. Some Social Media Services may also provide us with information from your accounts to enhance and personalize your use of the Nureva Troove Service.
The Nureva Troove Service may contain links to other third party websites, advertisements, or programs that are not controlled by or affiliated with Nureva. Nureva is not responsible for the content, offers or privacy policies of such third party sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
You will need an account in order to use the Nureva Troove Service as a Teacher, School, Parent or Student. You may not use another person’s account without permission. When you are setting up your account, you must give us accurate and complete information and you will be asked to provide a password and Personal Information. You are responsible for your account information and password. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR NUREVA TROOVE ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
If you believe any materials accessible on or from the Nureva Troove Service infringe your copyright, you may request removal of those materials (or access thereto) from the Nureva Troove Service by contacting Nureva at the following email: firstname.lastname@example.org and providing the following information:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.
THE NUREVA TROOVE SERVICE AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, MATERIALS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NUREVA TROOVE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUREVA AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NUREVA AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NUREVA TROOVE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE NUREVA TROOVE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NUREVA, AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NUREVA TROOVE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER NUREVA NOR ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MATERIALS, OR OTHER DATA THROUGH THE USE OF THE NUREVA TROOVE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, hold harmless and release Nureva, its affiliates, and its and their employees, officers, directors, shareholders, licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Nureva Troove Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Nureva Troove Service. Nureva reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NUREVA OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE NUREVA TROOVE SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF NUREVA OR A NUREVA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL NUREVA OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE NUREVA TROOVE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NUREVA TROOVE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NUREVA’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NUREVA, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN NUREVA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE NUREVA TROOVE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE NUREVA TROOVE SERVICE.
YOU AND NUREVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND NUREVA HEREBY WAIVE the right to a trial by jury or to participate in a class action.
Please be aware that the Nureva Troove Service and all User Content may be subject to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99). FERPA is a Federal US law that protects the privacy interests of students in their education records. It generally prohibits the disclosure of a student’s personally identifiable information from education records without the consent of the parent or eligible student. An eligible student is one who reaches the age of 18 years old and/or attends a postsecondary educational institution, in which case the rights of the parent transfer to the student. Generally, FERPA also gives Parents or eligible students the right to inspect and review the student’s education records, request that a school correct records that they believe to be inaccurate or misleading, consent (or withhold consent) to a school releasing any information from a student’s education record absent certain circumstances. A more detailed overview of FERPA can be found at the website for the U.S. Department of Education at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
If you are using the Nureva Troove Services in connection with a mobile device and an application (an “Application”) accessed through or downloaded from any app store or distribution platform (such as the Apple App Store or Google Play) where the Application is made available (each an “Application Provider”), you acknowledge and agree that:
If any dispute arises regarding this Agreement or the Nureva Troove Service, you agree that the dispute will be governed by the laws of the Province of Alberta, Canada without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the courts in Calgary, Alberta, Canada.
Nureva makes no claims that the Nureva Troove Service may be lawfully accessed, used or downloaded outside of Canada and the United States. Any such use of the Mobile Application and/or the Nureva Troove Service, and any materials contained therein, may not be lawful by certain persons or in certain territories. If you access any of these from outside of Canada and the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Mobile Application or other portions of the Nureva Troove Service, directly or indirectly, to a prohibited country.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Your rights under this Agreement will automatically terminate without notice from Nureva if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Nureva Troove Service and Nureva may immediately restrict your access to the Nureva Troove Service.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Nureva as set forth above.
Nureva Inc. is located at 1000, 1221 8 Street SW Calgary, Alberta, Canada T2R 0L4. Contact us by email: email@example.com.
Nureva™ and Troove™ are trademarks in Canada, the United States and other countries.