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EFFECTIVE: January 7, 2019.
VAL™ is an online application for creating, managing and distributing evaluations. Anyone that uses VAL must agree to these Terms of Service and the other policies explained below.
These Terms apply to all versions of VAL, including beta, pre-release and future version Updates of the Service that may be released from time to time.
Please review these Terms thoroughly before you Register for and use VAL. By Registering or Using Val and the Service, You agree to be bound by these Terms. If You do not agree with any of the Terms, please do not Register or use the Service.
If You accept these Terms on behalf of a company or other Organization, You represent that You have the authority to accept and bind your Organization to these Terms .
You may not accept these Terms if You are not of legal age to form a binding contract with VAL. VAL is not targeted to or intended for Use by children.
These Terms may be modified by Us from time to time. We will notify you of such modifications on our website or otherwise, e.g. by using the email address used for Registration. Any modifications to these Terms shall only apply upon acceptance by You when you log into your account after a modification.
The words below that are used in these Terms shall have the meaning assigned to them in this section, unless the context of use requires otherwise:
“Terms of Service” or “Terms” are the terms and conditions above and below that govern the use and access to the VAL Service.
“Register” means to create an account using Your and/or Your Organization’s information and accepting the Terms.
“VAL” refers to the online application for creating, managing and distributing evaluations created, operated and owned by Val-e-val, llc..
“Organization” is the company or other entity that Registers to create a VAL account and in the process, accepts these Terms.
“Service” is the tools and other resources, associated with the VAL evaluation online application.
“Updates” are any updated versions of, and additions to, VAL and/or the Service.
“Use” is accessing VAL and using of the Service as intended for creating, managing and distributing evaluations in accordance with these Terms.
“You” is you, the individual or you the authorized representative of an Organization that has registered for and uses VAL and/or the Service.
“Documentation” is information about the Service, its features and the system requirements as made available on the val-eval.com, which may be updated from time to time.
“We” or “Us” is Val-eval, llc., PO Box 300, Willernie, MN 55090-0300
Upon Your Registration and acceptance of these Terms, VAL grants You a non-exclusive, non-transferable, limited, revocable license to Use the Service in accordance with these Terms. VAL reserves all rights not expressly granted to You under this license. VAL is and remains the owner of any intellectual property rights with respect to the Service.
You may only access and use VAL as permitted under these Terms, and may not use VAL for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity.
We will provide free updates to the VAL Service from time to time.
We will appropriately respond to Your questions or issues submitted to support@val-eval.com. Support responses provided by Us will be provided on an “as is” basis without any warranty, as soon as reasonably practical, subject to availability of personnel.
We may modify VAL and the Service at any time without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim, or to provide Updates and new features.
VAL may periodically collect usage, technical and related data concerning the Service. We may use such data to facilitate maintenance and support with respect to the Service, to improve our products and to provide further services or features to You.
VAL may process personal data with respect to You, if and to the extent necessary to process payment transactions, send messages to You and to provide maintenance and support to You with respect to the Service and to comply with its obligations under these Terms.
VAL may process personal data with respect to data You add or import into you VAL account, including student and parent/guardian personal information to the extent necessary for operation of the Service and delivery of evaluations electronically.
To the extent VAL will process personal data, it will comply with its obligations under applicable data protection law.
We will not sell, distribute or disclose any personal data unless required by law or court order.
You agree to add or import only student, parent/guardian or other data into VAL for which you have express, written permission. You agree to defend, indemnify and hold harmless VAL with regard to any claims arising from Your unauthorized use or misuse of any personal data.
If You are a beta-tester or provide Us with feedback about VAL and/or the Service, We may freely use your feedback and the ideas and information You share with Us about your experience with the Service to improve, modify, enhance or change the Service and VAL. All rights in any such improvements, modifications, enhancements or changes shall belong exclusively to Us.
We are in business to create satisfied, repeat customers and our intent is to do right by You by attempting to provide continuous availability and access to VAL. However, the Service, VAL and accompanying Documentation are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind, including fitness for a particular purpose. No communication provided by Us or our agents or employees shall create a warranty, and You may not rely upon such information or advice.
Refunds or credit for purchases may be provided to You under certain circumstances on a case by case basis, to be determined solely by Us.
Our liability as it relates to Your access and use of VAL and any third party that has been involved in the creation, production, or delivery of the Service shall in no event exceed the total amount of Your most recent purchase transaction.
Under no circumstances shall We or our agents be liable for consequential or indirect damages, including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Service.
These Terms of Service will continue to be in force until You close Your account by contacting support@val-eval.com or Your account is closed by Us.
We may close your account at any time with immediate effect and without prior notice in the event You fail to comply with the Terms of Service, in the event You fail to pay for a purchase, or in the event We are required to do so by law or court order.
You acknowledge that some Terms, which by their nature are intended to survive termination, will remain in effect after termination.
If a problem or dispute arises related to VAL or your use of the Service, You agree to first communicate with Us about it, so that we may try to resolve it within ten working days or other reasonable period of time, before communicating with others about it, or resorting to any other dispute resolution process.
These Terms and the rights and obligations of the parties shall be governed and construed under the laws of the State of Minnesota as if executed and fully performed therein. You agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Minnesota, Hennepin County, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You.
These Terms represent the entire understanding and agreement of You and Us with respect to VAL and the Service.
If you have any questions about these Terms, please contact us at support@val-eval.com.