Privacy Policy & Terms of Use

PRIVACY POLICY

This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information. Please be sure to read this entire Privacy Policy before using or submitting information with ForAllRubrics. This Policy applies if you're using our mobile application, or if you're visiting our web site at www.forallrubrics.com or sites powered by ForAllRubrics (together, the "ForAllRubrics Service").

This Privacy Policy is incorporated into the ForAllRubrics Terms of Use by this reference. In addition to reviewing our Privacy Policy, you should also read ForAllRubrics Terms of Use. Your use of the ForAllRubrics Service constitutes your agreement to the terms and conditions in this Privacy Policy. Whenever you submit information via this site or application, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. If you reside outside the United States, your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the ForAllRubrics Service and providing information to us, you consent to such transfer to, and processing in, the U.S.

What is Personal Information?

Personal information is information that specifically identifies an individual, such as a name, address, telephone number, email address, or other account number, and information about that individual's activities when directly linked to that person, such as information about his or her use of the ForAllRubrics Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include "aggregate" information. Aggregate information is data we collect about a group or category of products, services or users, from which individual user identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor the ForAllRubrics Service.

Children's Information

If you are under the age of 18, you may only use the ForAllRubrics Service and disclose information to us with your parent's or guardian's express consent. Please carefully review this Privacy Policy with your parent or guardian and make sure you understand it. We collect personal information through the ForAllRubrics Service from a child under 13 where that student's school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us for use with the ForAllRubrics Service. If you are a child under 13, please do not send any personal information about yourself if such parental consent has not been obtained. Further, please do not send any personal information other than what is necessary to participate in the ForAllRubrics Service.

In the event that ForAllRubrics learns that it has collected personal information from a child under age 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that ForAllRubrics might have any information from or about a child under 13 in violation of this paragraph, please contact us at support@forallrubrics.com.

How We Collect Information

We collect personal information in a number of ways when you visit the ForAllRubrics Service. For example, we collect registration and account information from teachers, parents and students, which may include your name, user name, email address, phone number, profile picture, school affiliation and location. We also collect personal information when you (1) download the mobile software application, (2) send an invitation, (3) ask others to collaborate on your classroom or (4) contact us by email or otherwise for any reason.

When you visit the ForAllRubrics Service, some information is also automatically collected, such as your computer's Internet Protocol (IP) address, your mobile device id, your computer's operating system, the browser type, the address of a referring website, and the time and date of your visit and purchases. Some of this information may be automatically collected through the use of "cookies" which are discussed in more detail below. We also collect various types of "clickstream" information which is information about your browsing behavior, such as entry and exit points for the ForAllRubrics Service, search terms, website addresses you visit, page views, and impressions. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. If you are under 13, we treat this information as personal information, whether or not it is combined with any other identifying information. Notwithstanding the above, we do not ask you for, access or track any geographic-location-based information from your mobile device at any time while downloading or using our mobile applications.

Cookies are small text files placed on your hard drive by a website when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the ForAllRubrics Service, the network knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can complete transactions you have requested and improve and personalize the ForAllRubrics Service experience by seeing which areas and features are most popular. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of the ForAllRubrics Service available to the general public but you may not be able to use some of the network's features or services, and you may have a less satisfactory experience.

Finally, if you make any purchases through the ForAllRubrics Service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card.

How ForAllRubrics Uses and Shares Information About You

We try to provide you with the information you need to make informed, reasonable choices with respect to how the ForAllRubrics Service uses or shares your information. ForAllRubrics uses and shares personal information from you in several ways:

(1) General Services. We will use information we have collected about you to provide the ForAllRubrics Service, which requires sharing your personal information with other users. If you are a teacher, you will be able to collect, review, and edit information about the students in your classroom. If you are a school administrator, you will be able to collect, review, and edit information about the students in your school. If you are a district administrator, you will be able to collect, review, and edit information about the students and teachers in your district. Each student and his or her parent will only have access to view or submit information relative to that student. Students (and their parents) will not be able to view or otherwise access the personal information of other students. As part of our services, we may use your information to communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies.

(2) Children's Personal Information. We use children's personal information for creating a student's individual account (which will identify you within your classroom), customizing the ForAllRubrics Service for you, and for sending you notifications via the ForAllRubrics Service from your teacher, school, district, other students, and from ForAllRubrics (regarding your use of the ForAllRubrics Services). Please note that a student's parent or guardian, as well as a student's teacher and an administrator from his or her school and/or district, can view all activity and content associated with such student account, including such child's personal information.

(3) Aggregate Data. We will share aggregated and anonymized data (in a non-personally-identifiable format) with other students, parents, teachers, and school administrators so such individuals can look at statistical data related to students in a particular classroom, school, district, or geographic location. We may also share aggregated and anonymized information about you (in a non-personally-identifiable format) in order to customize and improve the ForAllRubrics Services or for marketing purposes.

(4) Improve Our Services. We may use information we have collected about you to optimize or improve our products, services and operations. We may use information we have collected about you to detect, investigate and prevent activities that may violate our policies or be illegal.

Sharing of Your Information in Other Circumstances

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of ForAllRubrics, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.

Third Party Services

You may access other third party services, such as Google, Persona, Mozilla Backpack, and other social media websites ("Third Party Services"), through the ForAllRubrics Service in order to share certain content selected and approved by you with those services, and/or to import information about you and information about people you are connected with on those services. Some Third Party Services may also provide us with information from your accounts to enhance and personalize your use of the ForAllRubrics Service.

Links to Other Websites

The ForAllRubrics Service contains links to other websites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, we are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from the ForAllRubrics Service to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Our Security Practices

Except as otherwise set forth in this Privacy Policy, our internal data security policies restrict access to customers' personal information to authorized employees or contractors for ForAllRubrics business purposes only. Our employees and contractors are bound by ForAllRubrics policies that require them to maintain the confidentiality of our users' personal information. Employees and contractors who violate these requirements are subject to disciplinary action, up to and including termination. We maintain some physical, electronic, and procedural safeguards that are designed to guard our users' personal information. While we encrypt most of your data transmissions through the ForAllRubrics Service, some transmissions may not be encrypted and may be intercepted by third parties. Further, no data transmission over the Internet even if encrypted can be guaranteed to be private. As a result, while we strive to protect your personal information, ForAllRubrics cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk. Further, your account information is protected by a password for your privacy and security. It is up to you to protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Control of Personal Information

We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information. If you are a parent or guardian of a student under the age of 13, you may contact us at any time to review your child's personal information, direct us to delete it, or to prohibit any further collection or use of your child's information. However, we will retain and use your or your child's information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

To contact us directly regarding cancelling your account or correcting or removing other personal information, please email us at support@forallrubrics.com.

Site Development

THE FORALLRUBRICS SERVICE IS UNDER CONTINUOUS DEVELOPMENT AND TESTING. THE FORALLRUBRICS SERVICE MAY CONTAIN BUGS AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE FORALLRUBRICS SERVICE. ANY ISSUES OR ERRORS OF THIS NATURE MAY IMPACT OUR ABILITY TO COMPLY WITH THIS PRIVACY POLICY.

Your Comments or Concerns

We welcome your feedback. If you have any comments or concerns about this privacy policy or would like to contact us for any reason, you may reach us at support@forallrubrics.com.

Data Changes

If you terminate your account or delete/change your data or content, we usually update our live databases immediately. However, some data may update more slowly or may be impossible to update and remove, and some old data may remain in our archives and records. Also, we may be unable to propagate changes to partners who receive your data or content. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.

Our Privacy Policy Will Change Over Time

Because we continue to develop the ForAllRubrics Service and take advantage of technologies to improve the services we provide, our policies will change over time. We may use personal information for new, unanticipated uses not previously disclosed in this privacy policy. We encourage you to refer to this Privacy Policy from time to time to stay abreast of our most current privacy policy practices. We will attempt to notify registered users of any material changes in the Privacy Policy by sending an email to the user's registered email address and posting a notice on our website homepage and login page; it is your responsibility to check for updates to the Privacy Policy and any such update shall be effective even if you do not receive notice of such update. If you do not consent to the updated Privacy Policy, you can discontinue use of the ForAllRubrics Service. Your continued access and use of the ForAllRubrics Service will constitute your acceptance of any changes or revisions to our Privacy Policy.

Last updated: March 24, 2014

TERMS OF SERVICE

Acceptance of Terms of Service

The following sets forth the agreement (this "Agreement") between you and Forall Systems, Inc., under which you may use Forall System's website located at www. ForAllRubrics.com (the "Website") and all linked pages owned and operated by Forall Systems, 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 ForAllRubrics's mobile application (the "Mobile Application"), and all other elements of the ForAllRubrics service and other materials that are provided by or in connection with the ForAllRubrics service (collectively, the "ForAllRubrics Service").

The term "you" refers to you whether you are a "Visitor" (which means that you simply browse the ForAllRubrics 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 homework assignments, grades, and other school-related 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 homework assignments, grades, and other school-related information).

Use of and membership in the ForAllRubrics Service is void where prohibited. By using the ForAllRubrics Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with this Agreement; (c) you acknowledge reading and agreeing to the terms of the ForAllRubrics Privacy Policy (www.ForAllRubrics.com/privacy); (d) all registration information you submit is truthful and accurate; (e) you will maintain the accuracy of such information; (f) your use of the ForAllRubrics Service does not violate any applicable law or regulation; (g) your ForAllRubrics account has not been suspended or disabled in the past. IF YOU ARE REPRESENTING AN ENTITY, BY USING THE FORALLRUBRICS SERVICE, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE ENTITY TO THIS AGREEMENT.

You can review the most current version of this Agreement by visiting https://www.forallrubrics.com/termsofuse/ The most current version will supersede all previous versions. By continuing to use the ForAllRubrics Service after changes are made, you agree to be bound by such changes.

Eligibility

The ForAllRubrics Service is available to Visitors, Teachers, Parents and Students. You must be at least 18 years old to download the Mobile Application and/or use the ForAllRubrics Service. If you are not at least 18, you may download the Mobile Application and/or use the ForAllRubrics Service only in conjunction with, and under the supervision of, your parent or guardian. We require that any Student that is under the age of 13 submit verifiable parental permission prior to using the ForAllRubrics Service as described in more detail below. If you do not qualify, you may not download or use the ForAllRubrics Service.

Each Teacher and/or School must obtain written parental consent from a Student under the age of 13 prior to storing or sharing any information about that Student on the ForAllRubrics Service or inviting the Student to access and use the ForAllRubrics Service. In connection with obtaining such consent, each Teacher and/or School must also notify the Parent that the ForAllRubrics Service will be collecting personal information from their child with a link to ForAllRubrics's privacy policy. Each Teacher and/or School must store such consent for as long as such Student's information is included in the ForAllRubrics Service or until the Student is 18 (whichever is earlier). Each Teacher and/or School shall indemnify and hold ForAllRubrics 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 ForAllRubrics Service with permission of your school or school district. Your school or school district may impose additional policies regarding the use of the ForAllRubrics Service, which you must comply with.

Provided that you otherwise fully comply with the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to download the Mobile Application and use the ForAllRubrics Service.

Restrictions

Except as expressly authorized herein, you agree to the following restrictions:

(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Mobile Application or the ForAllRubrics Service except as expressly provided in this Agreement.

(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Mobile Application or the ForAllRubrics Service or create derivative works based on the Mobile Application or the ForAllRubrics Service.

(c) You agree that you shall only use the Mobile Application or the ForAllRubrics Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Mobile Application or the ForAllRubrics Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

(d) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Mobile Application or the ForAllRubrics Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the ForAllRubrics Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the ForAllRubrics Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the ForAllRubrics Service.

(e) You may only access the ForAllRubrics Service for your own personal school-related purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the ForAllRubrics Service for any other purpose.

We reserve the right to discontinue any aspect of the Service at any time.

Other Charges

In connection with your use of the ForAllRubrics Service, you may be subject to charges imposed by your broadband, wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Electronic Communications

By downloading and/or using the ForAllRubrics Service, you consent to receiving electronic communications and notices from ForAllRubrics. 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.

Ownership

You agree that use of the ForAllRubrics Service does not constitute any basis for ownership of the ForAllRubrics Service and that ForAllRubrics, its affiliates or its licensors owns all legal right, title, and interest in and to the ForAllRubrics Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of ForAllRubrics on the ForAllRubrics Service (specifically excluding any User Content (as defined below) (collectively, "ForAllRubrics Content"). The ForAllRubrics Service and all of the ForAllRubrics Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the ForAllRubrics Service and ForAllRubrics Content. Unless otherwise noted, the ForAllRubrics name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the ForAllRubrics Service are the property of ForAllRubrics, 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 on the ForAllRubrics Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the ForAllRubrics Service or any of the ForAllRubrics 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 ForAllRubrics Service or ForAllRubrics Content.

User Content

You are solely responsible for any content that you create, transmit, or display while using the Services.

The ForAllRubrics Service may, now or in the future, permit the submission of user content including text, files, images, videos or other materials and content by you ("User Content"). ForAllRubrics does not endorse or approve any User Content that you or other users contribute or post. ForAllRubrics respects the intellectual property rights of others. You must have the legal right to upload any User Content to the ForAllRubrics Service. You may not upload or post any User Content to the ForAllRubrics 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.

You also grant each user of the ForAllRubrics Service a non-exclusive license to access your User Content through the ForAllRubrics Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the ForAllRubrics Service (subject to the privacy restrictions in the ForAllRubrics Service and any copyright notices you include in your User Content) and under this Agreement.

You agree that ForAllRubrics may use your feedback, suggestions, or ideas in any way, including in future modifications of the ForAllRubrics Service, other products or services, advertising or marketing materials. You grant ForAllRubrics a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to ForAllRubrics in any way. ForAllRubrics will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Public Content and Third Party Services

The ForAllRubrics Service may, now or in the future, allow for users to use the ForAllRubrics 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 ForAllRubrics Service.

The ForAllRubrics Service may, now or in the future, provide for access to other third party services, such as data sharing websites or social media websites ("Social Media Services") in order 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 ForAllRubrics Service.

The ForAllRubrics Service may contain links to other third party websites, advertisements, or programs that are not controlled by or affiliated with ForAllRubrics. ForAllRubrics 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.

Accounts; Passwords; Security

You will need an account in order to use the ForAllRubrics 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/or personal. 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 FORALLRUBRICS 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.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the ForAllRubrics Service infringe your copyright, you may request removal of those materials (or access thereto) from the ForAllRubrics Services by contacting ForAllRubrics at the following email: support@forallrubrics.com and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

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.

Disclaimers; No Warranties

THE FORALLRUBRICS SERVICE AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, MATERIALS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FORALLRUBRICS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORALLRUBRICS 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. FORALLRUBRICS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FORALLRUBRICS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE FORALLRUBRICS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORALLRUBRICS, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FORALLRUBRICS SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER FORALLRUBRICS NOR ITS 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 FORALLRUBRICS 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. CERTAIN STATE LAWS 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.

Indemnification; Hold Harmless; Release

You agree to indemnify, hold harmless and release ForAllRubrics, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney's fees, arising out of (i) your use or misuse of the ForAllRubrics 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 ForAllRubrics Service. ForAllRubrics reserves the right, at our own expense, 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.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FORALLRUBRICS 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 FORALLRUBRICS SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF FORALLRUBRICS OR A FORALLRUBRICS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORALLRUBRICS 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 FORALLRUBRICS SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FORALLRUBRICS 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, FORALLRUBRICS'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FORALLRUBRICS, 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 FORALLRUBRICS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE FORALLRUBRICS SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE FORALLRUBRICS SERVICE.

FERPA

Please be aware that the ForAllRubrics 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 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 which 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.

Mobile Application Provider

In the event you are using the ForAllRubrics Services in connection with a mobile device and an application (an "Application") accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each an "Application Provider"). You acknowledge and agree that:

1. This Agreement is concluded between you and ForAllRubrics, and not with the Application Provider, and ForAllRubrics (not the Application Provider), is solely responsible for the Application.

2. The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.

3. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ForAllRubrics.

4. The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, ForAllRubrics will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.

7. You must also comply with all applicable third party terms of service when using the Application.

Governing Law

If any dispute arises regarding this Agreement or the ForAllRubrics Service, you agree that the dispute will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Cook County, Illinois.

International

ForAllRubrics makes no claims that the ForAllRubrics Service may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Mobile Application and/or the ForAllRubrics 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 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.

Export Law Compliance

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 ForAllRubrics Service, directly or indirectly, to a prohibited country.

Waiver

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.

Severability

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.

Assignment

We may assign our interest in this Agreement. We will notify you of any assignments and you will have the option to terminate your account prior to any assignment. 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.

Right to Terminate

Your rights under this Agreement will automatically terminate without notice from ForAllRubrics if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the ForAllRubrics Service and ForAllRubrics may immediately restrict your access to the ForAllRubrics Service.

Headings

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.

Entire Agreement

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 ForAllRubrics as set forth above.

Contact

ForAllRubrics is located at 1426 S. Federal St, #D, Chicago, IL 60605. Contact us by email: support@forallrubrics.com

ForAllRubrics is an unregistered trademark of Forall Systems, Inc.

Last Updated: October 3, 2018