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USER AGREEMEENT FORM

Terms of Use and Conditions

1. Eligibility

Use of the Evaluation Learning Center (“ELC”) and the information provided on the ELC is limited to (i) subscribers (the “Subscribers”) who have entered into a Subscription Agreement with NeighborWorks America (“NW”) to use the ELC, and (ii) those parties authorized by the Subscriber to access the ELC (the “Authorized Users”). Reference to Authorized Users and how the ELC are to be used shall include Subscribers. Thus, Subscriber shall be bound by Authorized User obligations, responsibilities and limitations on use expressed herein.

2. Applicable Policies and Guidelines

Authorized Users agree to abide by the policies, procedures and guidelines for using the ELC contained in Exhibit A: Data Use, Sharing and Privacy Policy (the “Privacy Policy”). The Privacy Policy describes acceptable conduct and prohibited practices. The Privacy Policy may be changed by NW in the future, and will be effective immediately upon posting at www.successmeasures.org. Authorized Users should regularly refer to these policies, procedures and guidelines to understand the current procedures and guidelines for use of the ELC. Except as authorized herein and unless otherwise authorized or consented to, the Authorized Users will not use any information pertaining to other ELC users that may be accessible through the ELC or disclosed by NW except as expressly authorized by NW. Authorized Users shall not to use any such information for purposes of solicitation, advertising, unsolicited email or spamming, harassment, invasion of privacy, or otherwise objectionable conduct or otherwise inconsistent with the Privacy Policy. NW agrees not to share any personally identifying information (“PII”) of the Authorized Users without express consent of Subscriber or as permitted in Section 19 hereof.

3. NW's Role and Responsibilities

NW provides the ELC as a repository of reference materials and a learning platform for organizations conducting evaluations of programs and strategies to improve neighborhoods and communities. NW endeavors to provide relevant materials and information to support ELC users in their learning and implementation of their evaluation-related work.[CR1] 

4. NW's Reservation of Rights

Should NW become aware of improper use of the ELC, NW retains the right to immediately halt any use of, or prevent or restrict access to the ELC.

5. Subscriber and Authorized User Obligations

By accessing the ELC, Authorized Users represent and warrant that they have the right and ability to use the ELC and any information derived therefrom or through its use, and that such information will not be presented to third parties in any manner that is misleading or otherwise deceptive or in violation of law. Authorized Users also agree that NW is not obligated to assess, evaluate, determine or verify the use of the ELC.

6. Password Security

Authorized Users are responsible for any use of, or action taken under their password on the ELC. Authorized Users agree to use unique usernames and passwords, as provided by the Subscriber, when accessing the ELC. Authorized Users are responsible for maintaining the security of their individual passwords. Authorized Users may not disclose passwords to a third party (other than third parties authorized by the Subscriber to use the Subscriber’s account.) except as a part of technical assistance from the Success Measures Help Desk after which, the Authorized User must change the password. If the Authorized User’s password has been compromised, that individual must change his or her password. Authorized Users understand that they must familiarize themselves with the password protocol as described in the Privacy Policy.

7. Illegal Activity; Compliance with Laws; Fraud

The ELC may only be used for lawful purposes and in a lawful manner. Authorized Users agree to comply with all applicable laws, statutes and regulations regarding use of the ELC. Authorized Users may not register under a false name or use the ELC under a false name, impersonate any participant, or use another participant’s password(s). Such fraudulent conduct may be a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and NW will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

8. Breach

Without limiting other remedies, NW may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the Subscriber’s subscription and refuse to provide access to the ELC if : (a) the Subscription Agreement or incorporated documents are breached by the Subscriber or one of its Authorized Users; (b) if NW is unable to verify or authenticate information provided by the Subscriber or Authorized User in connection with registration to use the ELC or (c) if NW believes that the Subscriber’s or its Authorized Users’ actions may cause legal liability for the Subscriber, its Authorized Users, other the ELC users, or NW.

9. Collection and Use of Data

NW is committed to the ethical and appropriate entry and use of any and all information gathered within the ELC. As a user of the ELC, Authorized Users should only present data to third parties in a confidential manner. This means that Authorized Users should not include the name or other identifying information of the respondent with particular results.

11. Investigation

As permitted by applicable law and consistent with Exhibit A: Privacy Policy, NW has the right, but not the obligation, to monitor any activity and content associated with the ELC. NW may investigate any reported violation of its policies or complaints and take any action that it reasonably deems appropriate.

12. Disclosure of Information

As permitted by applicable law, NW also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect the ELC and the ELC users, to allow users to resolve disputes, or to ensure the integrity and operation of NW’s business and systems or other purposes deemed reasonable by NW, NW may access and disclose any information it considers necessary or appropriate, including without limitation, user contact details, IP addressing and traffic information and usage history

13. No Warranties

The ELC is provided on an "AS IS" basis. The use of and reliance thereon are at the sole risk of the Authorized Users. NW makes no representations or warranties of any kind, express or implied, including, without limitation:

(a) The implied warranties of merchantability fitness for a particular purpose, title, uninterrupted service, security and non-infringement;

(b) Any implied warranty arising from course of dealing or usage of trade; and

(c) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of NW.

To the full extent permissible under applicable law, NW disclaims any and all such warranties. No advice or information, whether oral or written, obtained from NW or through the use of the ELC shall create any warranty not expressly stated herein.

14. General Release

Authorized Users release NW and its parents, subsidiaries, divisions, affiliates, principals, officers, directors, trustees, beneficiaries, employees, servants and agents (collectively, the "Releasees") from claims, demands and damages (whether actual, indirect, special or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes it may have with the Subscriber. If the Authorized users are California residents, then the Authorized Users waive California civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The Authorized User, being aware of said code section, hereby exclusively waives any rights thereunder, as well as any other statutes or common law principles of similar effect. The Authorized User acknowledges and agrees that this waiver is an essential and material term, and that without such waiver; this NW would not permit access to the ELC.

15. Limitation of Liability

NW SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE ELC, OR THOSE RESULTING FROM ANY SERVICES PERFORMED, OR SERVICES (OR GOODS) PURCHASE, OR OBTAINED OR THE INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUBSCRIBER OR AUTHORIZED USERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Applicable Law

The laws of the District of Columbia govern the Subscription Agreement and these incorporated Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. Any action brought under the terms of the Subscription Agreement and the incorporated Terms and Conditions of Use shall be brought in the state or federal Court of the District of Columbia. The Subscriber and its Authorized Users consent to the jurisdiction and venue of said courts.

18. Grant of License to Use PII

As manager of the ELC, NW shall have access to the data shared in the ELC by Subscribers and Authorized Users. NW shall respect their privacy. NeighborWorks will not disclose (i) any personally identifiable information of any Subscriber or its Authorized Users; (ii) information in connection a Subscriber’s use of the ELC; (iii) contents of information submitted to the ELC by a Subscriber and its Authorized Users; or (iv) a Subscriber’s confidential or proprietary information marked or identified as such, without the Subscriber’s prior written consent. By accessing and using the ELC, Subscribers grant NW a license to view and use any shared information in any existing or future media. This license is limited to NW’s use of the shared materials in connection with the ELC. The Subscriber hereby represents and warrants that the rights to the materials shared on the ELC are owned by the Subscriber and that the use of such materials by NW will not infringe upon or violate the rights of any third party.

19. Termination

In order to avoid liability to third parties relating to privacy rights, defamation, copyright infringement or otherwise, NW, in its reasonable sole discretion, may restrict access to the ELC, immediately without notice, and shall not thereby incur any liability to Authorized Users.

20. Entire Agreement

The Subscription Agreement and the ELC Terms of Use and Conditions constitute the entire understanding of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

21. No Agency: Third-Party Beneficiary

NW is not the agent of the Subscriber or its Authorized Users, fiduciary, trustee or other representative.

22. No Waiver

NW’s failure to enforce the strict performance of any provision of this Terms of Use and Conditions will not constitute a waiver of NW’s right to subsequently enforce such provision or any other provisions of this Terms of Use and Conditions.

 

 

Exhibit A: Success Measures ELC Data Use, Sharing, and Privacy Policy

1. User, Password and Features Administration:

a. Security: the ELC employs Secure Socket Layer (SSL) security and controlled access for each organization’s data including (1) Registration and log-on through a secure username and password, (2) Hosting in highly secure commercial facility with 24/7 monitoring, maintenance and back-up, and (3) Secure management and storage functions.

b. User Set-up: Upon registration as an ELC subscriber, each user is given a username and password. The first time that user logs in, the ELC requires that user to choose its own unique password.

2. Use of Data by Success Measures Participating Organizations

a. Control[JH2]  of Data: Participating organizations may be given the opportunity to share documents, media and other information in the ELC. The choice to share this information with other organizations in the ELC is at the sole discretion the organization that created the information. Because this information may be of a proprietary nature, organizations should exercise normal discretion in determining appropriate access and distribution.

b. Privacy of Respondent Data: Participating organizations will take all necessary measures to protect the confidentiality of specific program participant identities and other sensitive information in information shared with the ELC. At a minimum, these measures include:

i. Individual Client Records: All shared information must be presented in a way that individuals cannot be identified, in summary form or without names, addresses or other personally identifiable data.

ii. Informed Consent: Each organization will be responsible for getting informed consent from all participants, residents and anyone else who provides information shared in the ELC.