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RESEARCHILD CONSOLIDATED TERMS OF USE

The following Website Terms of Use, SMARTS License Terms of Use and Privacy Policy apply to any and all users of the ResearchILD products, services and/or websites as more fully defined and  described herein.  Any questions about these Terms of Use or requests for further information should be directed to  ResearchILD, 4 Militia Drive, Suite 20, Lexington, MA 02421, telephone: 781-861-3711, email: [email protected].

WEBSITES TERMS OF USE

• Research Institute for Learning and Development (“ResearchILD”) operates various websites (the “Websites”), including but not limited to the Websites available at researchild.org, www.smarts-ef.org, and www.metacog.smarts-ef.org  and provides certain content, curriculum products and services (the “Services”) to users of the Websites.  Such users include but are not limited to SMARTS Curriculum LICENSEES as defined in the SMARTS License Terms of Use below, customers and/or other visitors to the Websites (hereinafter collectively referred to as “Users”, individually as “User”).  By accessing or using the Websites and/or Services, User agrees to be bound by these Terms of Use.
• Unless stated otherwise,  all materials, curriculum products, logos, images, reports, articles, documents and all other content available on the Websites is the exclusive intellectual property of ResearchILD.  User may not display, distribute or use such intellectual property in any manner other than as permitted according to these Terms of Use without ResearchILD’s express written
•   All of the information and materials provided on the Websites, in any format and from any source, are for informational purposes only. Reliance on any information provided by ResearchILD, including links to other websites  and/or  posted by other persons or Users of the Websites  is solely at User’s own risk.

•  Users shall not post or upload any information or other content on the Websites that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Websites (for example, by harassing, threatening, soliciting, promoting personal interests, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Websites to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promotes physical harm or injury against any group or individual. All Users represent and warrant that the information they provided when registering and all information provided subsequently is true and accurate and not misleading.

• User may not use any robot, spider, scraper, or other automated means to access the Websites or Services for any purposes. User may not post content on the Websites that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information. User shall not attempt to make the Websites unavailable through denial-of-service attacks or similar means. User shall not use contact information provided by other Users, nor collect information about other Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM.

• User accepts ResearchILD’s Privacy Policy, included below. This policy explains ResearchILD’s collection of personal and non-personal information from User when using the Websites and its use of and sharing of such personal and non-personal information.

• The Sites may include community areas, such as forums and areas for registered Users, where Users may post messages, images, and other content (each, a “Contribution”). User hereby grants ResearchILD and its affiliates (a) the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of Contributions, subject to the terms of the Privacy Policy; and (b) a perpetual, non-exclusive, royalty free, fully paid license to use, publish, display, distribute, modify, reproduce, make available for download, and create derivative works of such Contributions. User warrants to ResearchILD that with respect any content uploaded or Contributions made that (i) User owns all necessary rights in such content, (ii) User does not violate any third party’s intellectual property rights, and (iii) that such content or Contribution is neither defamatory nor violates any applicable laws. ResearchILD reserves the right in its sole discretion to reject any User Contributions.

• ResearchILD respects the intellectual property rights of others. In the event that ResearchILD becomes aware that content published on or through the Websites has been provided by a person who is not a valid rights holder, ResearchILD may, in appropriate circumstances and at our discretion, disable or terminate the publication of such content. If a User believes that their own work has been copied or published in a way that constitutes copyright infringement, or User’s intellectual property rights have been otherwise violated, please provide ResearchILD with the following information: (a) name, address, telephone number and email address; (b) an electronic or physical signature by User or a person authorized to act on User’s behalf; (c) a detailed description of the copyrighted work or other intellectual property that User claims has been infringed; (d) a description of where on the Websites the allegedly infringing material is located; (e) a statement by User asserting a good-faith belief that the disputed use is a violation of User’s copyright or other intellectual property rights. User’s written notice should be e-mailed to [email protected], Attention: Copyright Agent.

• Users are responsible for maintaining the confidentiality of their username and password and are fully responsible for all activities that occur under such  password or account.  Users are not permitted to share their login credentials with anyone including colleagues. Users who  knowingly provide their login and password information to another person, may have their permission to use the Websites and/or Services suspended or terminated. Users agree to immediately notify ResearchILD of any unauthorized use of their password or login or any other breach of security.

• Websites may contain links to other websites that are not under the control of ResearchILD. The inclusion of any link does not imply endorsement by ResearchILD of such third-party website and ResearchILD is not responsible for the content of such linked websites.
• ResearchILD does not accept returns of Services, products or materials purchased by Users of the Websites, and does not grant refunds to customers who have purchased any Services or other products or unless specifically stated.
• User agree that ResearchILD may at any time, with or without cause, terminate User’s use of and access to the Websites and the Services, without prior notice. Without limiting the foregoing, the following may lead to a termination by ResearchILD of a User's access to and use of the Websites: (a) breaches or violations of these Websites Terms of Use and/or the SMARTS License Terms of Use and/or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by User (self-initiated cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. ResearchILD has no obligation to maintain, store, or transfer to User information or data that User has posted on or uploaded to the Websites.

• ResearchILD reserves the right to modify the Terms of Use at any time, with or without prior notice, which such modifications shall be posted to the Websites. User also may be subject to additional terms and conditions that may apply when User utilizes related services, third-party content or third-party software. The failure of ResearchILD to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, User and ResearchILD agree that such court should give effect to the parties’ intentions as reflected herein, and the other provisions of the Terms of Use shall remain in full force and effect. ResearchILD may also, in its sole discretion, modify the Services at any time and without notice, including by removing, adding or modifying any Services. ResearchILD shall have no liability for modification or discontinuation of the Services. If User object to any such changes, User’s sole recourse shall be to cease using the Services. Continued use of the Services following any changes shall indicate User’s acknowledgment of and agreement with such changes. The Terms of Use shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts and applicable federal laws. All disputes arising under, or connected with, the use of the Websites or the Services shall be litigated exclusively in the state and federal courts of the Commonwealth of Massachusetts, and User hereby submits to the jurisdiction of such courts.

• The Websites and all content and Services made available on the Websites are provided on an “as is” and “as available” basis. ResearchILD does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose. ResearchILD does not warrant that access to the Websites or the Content or Services will be uninterrupted or error-free.
• Under no circumstances shall ResearchILD, its partners, contributors, agents, employees, directors, or affiliates be liable for any direct, incidental, consequential, special, indirect, punitive, or exemplary damages including damages for loss of business, loss of profits, loss of goodwill or business reputation, business interruption, loss of data, loss of business information and damages that result from Users use of the Websites and/or Services and other content provided on the Websites even if ResearchILD has been advised of the possibility of such damages or losses.
• User agree to indemnify, defend and hold harmless ResearchILD, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim in connection with (a) any information User submits or transmit through the Websites or the Services, (b) User’s use of or access to the Services, (c) User’s violation of these Website Terms of Use and/or SMARTS License Terms of Use or (d) User’s violation of any rights of any third party.

• By registering as a User on the Websites, User agree that ResearchILD may send notices to User by email at the email address User provide when registering.

• International Users: The ResearchILD Websites and Services are controlled, operated and administered by ResearchILD from our offices within the United States of America. Users that access  the Websites and/or Services from a location outside the United States of America, are responsible for compliance with all local laws and shall not use the Websites and/or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

SMARTS LICENSE TERMS OF USE

• The SMARTS program, including the SMARTS Secondary, SMARTS Elementary, and MetaCOG curriculum products: and all related training, lectures, presentations, research findings, publications, concepts, ideas, exercises, graphics, explanations, and/or all materials available via ResearchILD’s Websites and any and all other formats are the exclusive property of ResearchILD. Hereinafter all such materials will be referred to as the “SMARTS Curriculum or “SMARTS””.
• Only an authorized individual(s) may utilize the SMARTS Curriculum, An authorized individual (“LICENSEE”) is someone who has an up-to-date, fully paid individual, clinic, or school license to use the specified curriculum product(s), (i.e., SMARTS Secondary, SMART Elementary and/or MetaCOG). All Licenses must be renewed on an annual basis.
• 2.3     To access the  specified SMARTS Curriculum product,  each         LICENSEE must have an individual license assigned by ResearchILD via a unique LICENSEE name and password. If the license is purchased by a school or other organization on behalf of a LICENSEE, the license may be reassigned  to another LICENSEE during the license term by contacting ResearchILD to cancel access and request a new LICENSEE name  and password.
• SMARTS Curriculum licenses may not be shared or used by more than one LICENSEE. The SMARTS Curriculum may be used solely for LICENSEE’S students and/or clients. SMARTS may not be distributed, shared, copied or made available for use by anyone other than the authorized LICENSEE. If the LICENSEE has a license assigned by LICENSEE'S school or other organization, SMARTS may be utilized solely for such school’s/organization’s students. The school/organization that purchased the license(s) is responsible for ensuring all LICENSEES are made aware of and comply with these Intellectual Property terms.

• LICENSEE may not utilize the SMARTS Curriculum in the following manner without specific written permission from ResearchILD:
  1. With students and/or clients as part of an on-line education program, virtual school, or any other remote access program or service with the following exception. Subject to the other Terms of Use included herein, a LICENSEE may upload SMARTS Materials to their own electronic classroom for use with their students.
  2. As part of a training program or course for teachers, psychologists, educational therapists and/or other applicable
  3. Any other manner not expressly permitted under these Terms of Use.

• Use of the SMARTS materials is subject to the Terms of Use described herein. By using any or all of the SMARTS materials, LICENSEE is acknowledging that LICENSEE has read, understood and agreed to be bound by these Terms of If LICENSEE does not agree to these Terms of Use, LICENSEE should not utilize the materials.

• SMARTS materials may only be utilized in their original form with all trademarks, logos and intellectual property language intact. Any permitted use of SMARTS content not in its original form must be clearly identified and have the following reference language included in a visible location: “©2014-2022 ResearchILD. All rights reserved. Use is by permission only.”

• LICENSEE may not: a) modify, b) make improvements, and/or c) create derivative works or adjusted versions of SMARTS (hereinafter referred to as “Modifications”) without written permission from ResearchILD. In the event that LICENSEE makes Modifications to SMARTS, LICENSEE hereby acknowledges and agrees that such Modifications: a) must be immediately provided to ResearchILD and b) shall become the exclusive property of ResearchILD. LICENSEE does not retain any ownership or other rights in the Modifications except for the limited, non- transferable license to use the Modifications in accordance with these Terms of Use. Notwithstanding the foregoing, LICENSEE may customize individual handouts or slides for use with LICENSEE’s students/clients only.

 PRIVACY POLICY

• 3.1.  This notice discloses the privacy practices for the ResearchILD Websites.
• 3.2. ResearchILD shall only use User information collected or received solely for the operation of ResearchILD, the Websites and/or provision of Services and in accordance with the Websites Terms of Use and SMARTS License Terms of Use.  ResearchILD will shall not share User information to third parties outside of ResearchILD and its related organizations except as noted below.
  • a. ResearchILD may share User’s information with third-party business partners for the purpose of providing a service or product to User. Third-party business partners will be given limited access to User’s information as is reasonably necessary to deliver the product or service, e.g., to ship an order.
  • b. ResearchILD may share aggregated demographic information with third-party business This is not linked to any personal information that can identify any individual person.
• ResearchILD may use the information collected or received, such as User’s email address, to communicate directly with User. ResearchILD may send User emails containing newsletters, information about product and services, and special offers. If User does not want to receive such email messages, User will be given the option to opt out or change User’s preferences. ResearchILD shall also use User’s information to send User service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the service, technical and security notices). User may not opt out of service-related emails.
• 3.4 The Websites automatically collect some technical information from Users in order to give User the best possible experience. ResearchILD uses web measurement technology (Google Analytics) to automatically track Users’ interactions with ResearchILD Websites and Services. This information is only used to help ResearchILD make the Websites more useful for Users including learning about the number of visitors to the Websites and the types of technology used. ResearchILD does not track or record personally identifiable information about individual Users and their visits.
• 3.5 A cookie may also be generated to optimize User’s experience on the Websites, allowing User to have repeat access to the free lesson and/or purchased lessons on User’s computer without re-entering User’s information. User can turn off the use of cookies at any time by changing User’s specific browser settings.
• 3.6 Any content that User voluntarily discloses for posting to the Websites such as our Message Board or Subscriber Community (“User Content”) becomes available to the public and cannot be removed, except by ResearchILD in our sole discretion. Once posted on the Website, however, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the service, on other Websites that have republished ResearchILD, or if other users have copied or saved that information. If User does not wish User’s User Content to be available to the public, please don’t post it on the Website.
• 3.7 ResearchILD take precautions to protect User’s sensitive information. When User submit sensitive information via the Websites, User’s information is protected both online and offline.
  • a. Wherever ResearchILD collects sensitive information (such as credit card data), that information is encrypted and transmitted to ResearchILD in a secure way. User can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
  • b. While ResearchILD use encryption to protect sensitive information transmitted online, ResearchILD also protects User’s information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which ResearchILD stores personally identifiable information are kept in a secure environment.
  • c. In the event that any information under our control is compromised as a result of a breach of security, ResearchILD will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
• 3.8 The MetaCOG curriculum product enables the LICENSEE and LICENSEE’S students to complete surveys online. The use of these surveys is completely voluntary and User may choose whether or not to participate. It is the responsibility of the User to only use the MetaCOG survey tool in accordance with their school’s privacy policy as well as any applicable privacy laws. ResearchILD recommends that teachers use student ID numbers, initials or other identifiers instead of student names when using the online surveys with students. Each MetaCOG LICENSEE shall only have access to the data entered by their own students, and may not view data entered by students associated with another LICENSEE. In the event ResearchILD becomes aware that any MetaCOG data has been inappropriately accessed, ResearchILD will take reasonable steps to investigate and if appropriate, notify the LICENSEE.
• 3.9  The Websites may contain links to other third-party websites. Please be aware that ResearchILD is not responsible for the content or privacy practices of such other third-party websites. ResearchILD encourages Users to be aware when using these links and to read the privacy statements of such third-party websites.