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Terms of Service

Effective Date: 15 March, 2023

Last modified on 15 March, 2023

By using PsychWriterPro products, You acknowledge that You have read, understand, and agree to these Terms of Service. The Parties therefore agree:

1. License

These Terms of Service ("Terms" or "Terms of Service") are between "Report Insights LLC" and You ("You" or "Your"). Subject to the terms and duration of Your subscription, Report Insights LLC grants to You a limited, nontransferable, non-assignable, nonexclusive license to use KID'S Inc.'s PsychWriter Pro ™ ("Product") to create test reports generated by the Product based on data You have collected from school neuropsychological testing ("Submitted Data").

2. Grant of Rights

You grant Report Insights LLC an irrevocable, royalty-free, nonexclusive, transferrable, assignable, worldwide license to use all non-identifying information you enter into the Product about examinees ("Submitted Data"). Submitted Data does not include examinees' name, address, date of birth, narrative, or other personally identifying information, and this information will not be transmitted to Report Insights LLC Submitted Data that Report Insights LLC receives from You is subject to the Privacy Policy ("Privacy Policy"). You warrant that You have sufficient authority to the Submitted Data to grant these rights to Report Insights LLC Because of the anonymized nature of the Submitted Data, Report Insights LLC is unable to store electronic back-ups of Your reports, and You release Report Insights LLC from any claim relating to any failure in Report Insights LLC’s database system and backup practices.

3. Credentials

Report Insights LLC has provided You with credentials to access the Product (collectively, the "Login Credentials"). You shall be responsible for securing Your Login Credentials. You shall notify Report Insights LLC immediately if You suspect someone is using Your Login Credentials in an inappropriate manner.

4. Test Reports

You shall use the Product and Test Reports in compliance with these Terms and all federal, state, and local laws and regulations. You shall only use the Product and Test Reports to supplement You in the overall assessment process. You may only use the Product and Test Reports in accordance with the current Standards for Educational and Psychological Testing published by American Educational Research Association (AERA), American Psychological Association (APA) and National Council on Measurement in Education (NCME).

5. Use Restrictions

(a) You may not copy, duplicate, publish, distribute, display, modify, create derivative works of, dismantle, reverse engineer, or alter physical or electronic characteristics of the Product. (b) You release and indemnify Report Insights LLC from any claim or liability relating to Your use of the Test Reports. (c) Your use of the Product to generate Test Reports is limited to the number of Test Report credits that You purchase from Report Insights LLC (d) All rights and licenses not expressly granted to You by Report Insights LLC are reserved. (e) You shall obtain all necessary permissions from examinees prior to using the Product, and you will indemnify and hold harmless Report Insights LLC from Your use of the Product where you have not obtained necessary permissions.

6. Security

You are solely responsible for the Submitted Data and Test Reports in Your possession, and will hold harmless and indemnify Report Insights LLC against all claims arising from Submitted Data and Test Reports in Your possession. You shall implement security controls that comply with requirements under FERPA, HIPAA, all applicable laws, and professional standards.

7. Maintenance and Availability of the Product

Report Insights LLC shall use commercially reasonable efforts to make the Product available to You without significant interruption. Notwithstanding this, Report Insights LLC may schedule for reasonable maintenance and upgrades with or without giving You notice. Report Insights LLC will offer You technical support for the Product during regular business hours. Report Insights LLC will not maintain Test Reports, and may or may not be able to recover Your Submitted Data, but it will nevertheless employ system and data backup for the Product.

8. Report Insights LLC’s Use of Submitted Data

Report Insights LLC may use Submitted Data for any lawful purpose.

9. Warranty

Report Insights LLC warrants that this Product will not infringe on any valid United States patent or copyright provided that this warranty does not extend to any use of the Product outside of the United States. If such an infringement claim arises, or if Report Insights LLC becomes aware of the possibility of such a claim, then Report Insights LLC may, at its sole discretion (a) furnish You with a non-infringing replacement within ninety (90) days or (b) terminate these Terms in whole or in part by refunding any fees You paid for use of this Product. This is Your exclusive remedy for any breach of this warranty against infringement.

10. Term and Termination

The Term begins when these Terms are electronically accepted by You, and will continue until You no longer have access to the Product. You may terminate these Terms if Report Insights LLC breaches any of its obligations under these Terms and fails to cure the breach within thirty (30) days after Report Insights LLC's receipt of Your written notice of default. Your obligations under this Section, as well as the provisions of Sections 8, 12, and 16 will survive any termination of these Terms. Report Insights LLC reserves the right to terminate these Terms at any time by providing You with reasonable notice. Report Insights LLC may make a reasonable effort to allow You access to the Product for thirty (30) days for the sole purpose of creating Test Reports and exporting Submitted Data ("Submitted Data Retrieval Period"). Upon conclusion of the Submitted Data Retrieval Period, Report Insights LLC may destroy copies of Submitted Data stored on its servers and any rights You have in the Product shall terminate. Where Report Insights LLC terminates these Terms and you are not in breach, Report Insights LLC will issue a prorated refund for any unused reporting credits for which you have paid.

11. Indemnification

Except as provided in Section 12, You agree to indemnify and hold Report Insights LLC harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising from Your use of the Product.

12. Limitation of Liability

Report Insights LLC’s total liability for loss or damage relating to these Terms or the Product shall not exceed an aggregated amount paid by You to Report Insights LLC for report credits during the six (6)-month period preceding the event giving rise to the action or claim. This is Your exclusive damages remedy. Except where Report Insights LLC has indemnified you under these Terms, Report Insights LLC is not liable to You for any claim made against You by any third party or for any claim made by You relating to these Terms or the Product.

13. Federal Government Use

f You are the United States Government, its agency, or instrumentality, then you acknowledge the Product is "commercial computer software" or "commercial technical data" pursuant to the applicable Federal Acquisitions Regulation and supplemental regulations. The use, duplication, disclosure, modification, and adaptation of the Product is subject to FAR 52.227-19. If You are subject to Department of Defense Federal Acquisition Regulations, then the Product is provided subject to DFARS 252.227-7015 and DFARS 227.7202-3.

14. Personal Information

You shall obtain FERPA and HIPAA-compliant parental consent which allows You to collect examinee data, create Test Reports, and transmit Submitted Data to Report Insights LLC

15. Choice of Law

The laws of the State of Texas, without regard to the conflicts of laws principles of Texas or any other jurisdiction, govern all matters arising under these Terms. Notwithstanding this, copyright, trademark, and patent claims are subject only to U.S. Federal law interpretations

16. Assignment

These Terms are not assignable by You without the consent of Report Insights LLC Report Insights LLC reserves the right to assign these Terms for any reason.

17. Entirety of Agreement

These Terms constitute the entire agreement between You and Report Insights LLC, and supersede all prior communications on this matter.

18. Amendment and Enforcement

These Terms may not be modified in any way without the prior written permission of Report Insights LLC If any provision of these Terms is found unenforceable, the remaining provisions will be enforced to the maximum extent possible.

19. Dispute Resolution

Any claim or controversy between the Parties which arises out of these Terms will be subject to binding arbitration in Wood County, Texas in accordance with the applicable rules of the American Arbitration Association then in effect. The Parties will agree on a single mediator, and the Parties will split mediation costs equally. The Party who succeeds at arbitration is entitled to recover all of its reasonable fees related to the arbitration from the other Party. A Party may seek aid in enforcing this arbitration provision from any court of competent jurisdiction.

20. Amendments and Revisions

You will be notified of any changes to these Terms and those changes will not go into effect until you agree to them. If you do not agree to changes, Report Insights LLC may cancel your service, and offer a prorated refund for any unused services. No changes to these terms are retroactive.

How can you contact us about this notice?

If you have any questions or concerns about the privacy policy please contact us.

[email protected]

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