Terms of Use

Last Updated: May 12, 2020

INTRODUCTION

The Ability Challenge (“ABC”) owns and operates the ABC web and mobile-based platform and the web based tool Hoppr (“ABC Platform”, “Platform”, “us” or “we”).   By accessing the ABC Platform, you agree to be bound by these Terms of Use (“Terms” or “Agreement”).  In addition, you represent that you are lawfully able to enter into contracts and agree to be bound by these Terms of Use. If you have agreed to these Terms of Use on behalf of your organization, you represent that you have the authority to bind that organization to this Agreement, and that you have the right to upload or authorize upload of student data.  If you do not have the necessary authority, or if you do not agree with these Terms of Use, then you may not use the ABC Platform.

ABC reserves the right to change these Terms of Use at any time, however we will provide you with notice prior to making such changes. Your continued use of the ABC Platform constitutes your agreement to any updated terms. Should we make material changes to the Terms of Use impacting the ABC Platform, we will provide you with notice prior to making such changes and request your consent in accordance with applicable law.  The “last updated” date indicates when these Terms of Use were last revised. 

INTELLECTUAL PROPERTY 

You acknowledge that the ABC Platform, including all trademarks, service marks and logos, are owned by or licensed to ABC and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the ABC Platform, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the ABC Platform.  This Agreement does not transfer or convey any rights of ownership in or related to the ABC Platform, or intellectual property rights owned by ABC to you.

LICENSE 

In order to allow ABC to provide the Platform, you hereby grant to ABC a limited, non-exclusive, sublicensable (as necessary to use the Platform), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use the information, data, content, reviews, comments and other materials uploaded by you to the ABC Platform (“User Content”) solely for purposes of furnishing the services provided by the ABC Platform to you and in accordance with these Terms of Use and our Privacy Policy; (ii) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Platform) such content as necessary to provide, improve and make the Platform available to you and other users, including through any future media in which the Platform may be distributed, (iii) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iv) use any User Content that has been de-identified for product development, research or other purposes in accordance with applicable laws; and (v) use for other purposes permitted by the ABC Privacy Policy. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the ABC Platform. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the User Content for use as contemplated under this Section. You also warrant to ABC that you will not use the ABC Platform for any purpose that are unlawful, prohibited by any applicable regulation or are otherwise inconsistent with this Agreement.

USER RESPONSIBILITIES

To use the ABC Platform you must create an account (the “Account”). In order to create your Account you will be asked to provide your name, email address, school, school address, title, and other information about your interests and preferences (collectively “Personal Information”).  You are solely responsible for all activities that occur in connection with your Account, and represent that you will comply with these Terms of Use and all applicable laws.  You agree that you will maintain the confidentiality of your account name and password; notify us immediately of any unauthorized access or use of your account; ensure that your account is used at all times in compliance with the ABC Terms of Use and Privacy Policy; and not impersonate another user or provide false information in an attempt to gain access to the ABC Platform.

ABC understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Certain information collected through your school that may be provided to ABC that is directly related to a student and maintained by your school, may be considered an education record (“education record”) under FERPA.

RESTRICTIONS

You agree that you will not (and will not allow any third party to):

  • Upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the ABC Platform;
  • Upload, post, e-mail or otherwise transmit any materials that you do not have the right to transmit under any law or under contractual relationships;
  • Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the ABC Platform or servers or networks connected to the ABC Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the ABC Platform;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or
  • Provide inaccurate information or impersonate another person or entity.
PRIVACY

ABC represents that it will comply with all applicable laws, including those related to protection of personally identifiable information stored and maintained through the ABC Platform.

We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at https://www.theabilitychallenge.org/privacy-policy/.  All personally identifiable information you provide to us is subject to the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personal  information as described in the Privacy Policy.

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)

If you are employed by a school or district subject to FERPA, you agree to appoint ABC as a “school official” as that term is defined in FERPA and as interpreted by the Family Policy Compliance Office, and determine that ABC has a “legitimate educational interest” for the purpose of delivering the Services in accordance with these Terms of Use. ABC agrees that it shall be bound by all relevant provisions of FERPA, including operating under the direct control of your school or district with respect to handling of “personally identifiable information” from “education records,” as those terms are defined in FERPA. ABC further agrees that personally identifiable information from students will not be disclosed to third parties except as required to provide Services to you contemplated in this Agreement. Any third party users will be bound to manage personally identifiable information in compliance with the Privacy Policy, security policies and all applicable laws, and to use the personally identifiable information for the sole and limited purpose of providing the Services to the user.

ABC may use education records that have been de-identified for product development, research or other purposes permitted by applicable law (“de-Identified data”), including: to demonstrate the effectiveness of the ABC Platform, including in our marketing materials; and develop and improve our educational products.

ABC agrees not to attempt to re-identify the de-Identified data and not to transfer the de-Identified data to a third-party unless that party agrees not to attempt re-identification.

SECURITY

ABC implements and maintains commercially reasonable security practices appropriate to the nature of the personally identifiable information collected and maintained through the ABC Platform, in order to protect such information from unauthorized access, destruction, use, modification or disclosure. Such practices include, but are not limited to use of firewalls, encryption and authentication techniques.  The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and ABC shall not be responsible for security incidents not reasonably within its control.

USER CONTENT

The Platform may contain areas in which you may post reviews or make comments.  By using these areas, you acknowledge and agree that the User Content  you provide in these areas  may be available to other users.  ABC is not liable for any statements, representations or comments provided by its users in any public forum.  Although ABC has no obligation to screen, edit or monitor any of the comments posted to its Platform, ABC reserves the right to remove, edit or refuse to post such User Content you provide in these areas in its sole discretion. 

You may also provide us with suggestions, comments or other feedback (“Feedback“) about our products and services.  We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the  Platform. 

OUR POLICY TOWARD CHILDREN

The ABC Site and Platform are not intended for use by children under the age of 13 and does not knowingly collect personal information from children under 13 years of age. If you believe that your child or student may have provided us with personal information without parental consent, you may contact us at info@theabilitychallenge.org. If we learn that we have collected Personal Information  of a child under 13 we will take steps to delete such information from our files as soon as possible.

CHANGES TO SITE

ABC may add, change, discontinue or remove any portion of the ABC Platform at any time, without notice.

LINKS

The ABC Platform may contain links to third party websites, including social networking websites.  These links are provided for your convenience, and inclusion of links on the ABC Platform does not suggest an endorsement.  We are not responsible for the contents or transmission of any linked site or for ensuring that the linked sites are error and virus free.  Linked sites are subject to their own terms of use and privacy policies, and we encourage you to read them.

INDEMNIFICATION

To the extent permissible by law, you will defend and indemnify ABC and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the ABC Platform; (ii) any information you submit, post, or transmit through the ABC Platform; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person.

DISCLAIMER OF WARRANTIES

THE ABC PLATFORM IS PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, ABC AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED.

ABC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE ABC PLAFORM, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE PLATFORM’S ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PLATFORM, ANY CONDUCT BY OTHER USERS ON THE ABC PLATFORM, OR UNAUTHORIZED ACCESS TO OR USE OF THE ABC PLATFORM. 

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ABC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ABC HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE ABC PLATFORM, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE PLATFORM, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE PLATFORM, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ABC PLATFORM IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ABC OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE ABC PLATFORM.

CERTAIN STATE 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 MIGHT HAVE ADDITIONAL RIGHTS.

NOTICES

We will provide you any notices regarding the ABC Platform by posting the notice on the Platform, as applicable, or by sending to you by e-mail to the email address you maintain as part of your Account.

APPLICABLE LAW; JURISDICTION AND VENUE

We control the ABC Platform from our offices within the United States. We make no representation that the ABC Platform is appropriate, legal or available for use in other locations. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the ABC Platform shall be governed by the laws of the State of Maryland without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Baltimore, MD.

SEVERABILITY

If any of the part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of these Terms of Use and will not cause the invalidity or unenforceability of the remainder of these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials hosted by ABC infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed. The Notice must be provided in writing and must include the following information:

  • A signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification  of the copyrighted work that you claim has been infringed
  • The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it;
  • Your name, address, telephone number, and e-mail 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; and
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices should be sent to: info@theabilitychallenge.org

Contact Information. Please contact us at info@theabilitychallenge.org if you have any questions about our Terms of Use.