Effective as of: August 25, 2022
Welcome to the Professional Learning Partner Guide Application Portal.
The Services are offered and available only to users who meet the eligibility requirements in this section. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and reside in the United States. If you are acting on behalf of a company or other legal entity, you represent and warrant that such entity was formed under the laws of and is domiciled in the United States. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES. Rivet may refuse to offer or continue offering the Services to any user and may change its eligibility criteria from time to time.
“PLP” means an organization, company, or entity that provides professional learning services to education agencies in adopting or implementing certain high quality instructional materials or providing ongoing support for educators or education leaders.
“Rivet Parties” means Rivet, our affiliates, licensors, and service providers and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns.
“Third Party Products” means any products, content, services, functionalities, tools, or other materials that are owned by third party service providers and are incorporated into or accessible through the Services.
“User Data” means, other than Aggregated Statistics, data, information, content, and materials, in any form or medium, that you provide, submit, share, or transmit to us in connection with or through the Services, including all documents, files, descriptions, trademarks, and all related materials.
3. Registration and Account Security
A. To access or use any of the Services, you must create an account and provide certain registration information. You must use your organizational email address that is associated with your respective PLP to register. When registering, you must provide accurate, current, and complete contact information and registration details. You agree to keep your information up-to-date and accurate.
B. You may never use another’s user account. You may not assign or otherwise transfer your account to another person or entity. You are solely responsible for the activity that occurs on your account and must keep your account secure. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must keep such information secure and treat it as confidential. You agree that you will not disclose such information to any other person or entity. You may not allow any other person to use your login credentials to access the account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You must notify us immediately of any breach of security or unauthorized use of your account. Although Rivet will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Rivet or others due to such unauthorized use.
D. You are responsible for making all arrangements and procuring all equipment, devices, utilities, and services required for you to connect to and access to the Services (e.g., computers, internet services).
4. Intellectual Property
A. The Services (including, but not limited to, all content, features, functionalities, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
B. The Company name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rivet or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans which may appear on the Services are the trademarks of their respective owners.
i. Your computer or electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing the Services.
ii. You may store files that are automatically cached by your web browser for display enhancement purposes.
iii. If we provide forms, templates, pdfs, or documents for download, you may download, print, or modify and transmit to Rivet such document solely as necessary for your use of the Services and not for further reproduction, publication, or distribution.
5. Prohibited Uses
- sell, lend, rent, resell, lease, sublicense, transfer, provide, or otherwise assign to any third party any rights to the Services or other related materials.
- reverse engineer, disassemble, or decompile any aspect, component, or part of the Services for any purpose, including gaining access to or uncovering any source code or underlying ideas, concepts, or algorithms.
- use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export or transfer of data, technology, or software to and from the United States or other countries) or that is fraudulent or harmful.
- delete, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Services or from copies of materials from the Services in any way that violates any applicable federal, state, local or international law or regulation.
- infringe on the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, or contractual rights.
- impersonate or attempt to impersonate Rivet, a Rivet employee, another user, or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
- use any robot, spider, script, scraper, data miner, or similar software or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any component of the Services.
- attempt to probe, scan, or test the vulnerability of the Services or breach any implemented security or authentication measure, regardless of your motives or intent.
- collect or harvest any personally identifiable information, including account names or contact information, from the Services.
- use the Services for any commercial purpose.
- use the Services in any manner that could disable, overburden, damage, or impair the Services or the availability or accessibility of the Services; interfere with or restrict another’s use of the Services; or harm or expose to liability Rivet or users of the Services, as determined by us in our sole discretion.
- use any device, software, or routine that interferes with the proper working of the Services.
- introduce any viruses, Trojan horses, malware, worms, logic bombs, or other material that is malicious or technologically harmful to the Services.
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, any servers on which the Services are stored, or any server, computer, or database connected to the Services.
- attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- otherwise attempt to interfere with the proper working of the Services.
6. User Data
A. Rivet does not claim any ownership rights in your User Data, and you continue to retain any ownership rights that you may have in your User Data, subject to the license described below. You understand and acknowledge that you are responsible for any User Data you submit or contribute, and you, not Rivet, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
B. You grant to us and our third party service providers a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, worldwide license to access, reproduce, modify, adapt, edit, create derivative works of, distribute, disclose, communicate, publish, publicly perform, publicly display, store, de-identify, or otherwise use your User Data and perform all acts with respect to your User Data as may be necessary for us to provide the Services, and a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display User Data incorporated within the Aggregated Statistics.
C. You warrant and represent that you own or control all rights in and to your User Data and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
D. While we take reasonable precautions to ensure the safety and security of your User Data and minimize risk of exposure of that data, cybercrimes remain prevalent in internet-based systems. As a result, we cannot guarantee that in using the Services your data will not be subject to such risks. We have and will continue to take measures that we deem reasonable to safeguard against such risks of disclosure or exposure, provided there is some risk that information might be exposed or disclosed through actions outside of our control.
i. Airtable. Airtable’s Terms of Services are available at this link.
ii. Google Analytics and Docs. Google’s Terms of Service are available at this link.
iv. Softr. Softr’s Terms of Service are available at this link.
v. Stripe. Stripe’s Terms are available at this link.
vi. WordPress. WordPress’s Terms of Service are available at this link.
7. Enforcement; Termination
B. Without limiting the foregoing, we have the right to cooperate fully with any applicable law, law enforcement or government authorities, or court order requesting or directing us to disclose your identity or information, including User Data. YOU WAIVE AND HOLD HARMLESS THE Rivet Parties FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY any of the Rivet Parties DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER the Rivet Parties OR LAW ENFORCEMENT AUTHORITIES.
8. Ownership of Feedback
If you send or transmit any communication or material to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionalities relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us all right, title, and interest in, and we are free to use without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever, although we are not required to use any Feedback.
9. Reliance on Posted Information
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or by anyone who may be informed of such information.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials and all articles and other content, other than the content provided by Rivet, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rivet. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
10. Links from the Services
We may provide on the Services links to other websites, services, and resources provided by third parties. These links are provided for your convenience only. We have no control over the content, services, or resources posted on those websites and make no representations about the accuracy or contents of any material available there. If you decide to access any of the third party websites linked on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Services, you expressly relieve Rivet from any and all liability arising from or related to your use of any third party website. Links are not intended to imply sponsorship, affiliation, or endorsement.
11. Geographic Restrictions
We are based in the state of Louisiana located in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files that you access or that are available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DEVICE or ITS EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR access to or USE OF THE Services OR ANY ITEMS OBTAINED through the services OR to your DOWNLOADING OF ANY MATERIAL POSTED ON THE services, OR ON ANY WEBSITE LINKED TO or on the services.
YOUR access, USE, or reliance on THE SERVICES, INCLUDING any CONTENT, INFORMATION, ITEMS, or materials OBTAINED through or in connection with the services, IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER rivet NOR ANY PERSON ASSOCIATED WITH rivet MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER rivet NOR ANYONE ASSOCIATED WITH rivet REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES them AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT any of THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NEITHER rivet NOR ANY PERSON ASSOCIATED WITH rivet warrants or guarantees seamless, perfect, or accurate integration of any services or items obtained through the Services with any third party programs or services.
TO THE FULLEST EXTENT PROVIDED BY LAW, Rivet HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR a PARTICULAR PURPOSE or use.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY OF the rivet parties BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Services, ANY WEBSITES LINKED TO or on the services, ANY CONTENT Provided on or obtained through THE services OR SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, property damage, PAIN AND SUFFERING, EMOTIONAL DISTRESS, business interruption, computer failure or malfunction, cost of substitute goods or services, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
15. Governing Law, Jurisdiction, and Dispute Resolution
Please read this section carefully As IT affects YOUR legal rights and requires individual, final, and binding arbitration.
In the event that your agreement to arbitrate above is found not to apply to you or to a particular Claim, you agree that all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the state of Louisiana, in each case located in Orleans Parish. You hereby consent to the exclusive jurisdiction and venue of courts in Louisiana in for all such Claims and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If any Claim proceeds in court, you and Rivet waive any right to a jury trial.
YOU AND RIVET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR PUTATIVE CLASS, OR COLLECTIVE, REPRESENTATIVE, AND/OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Notwithstanding anything herein to the contrary, Rivet may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of its or its licensors’ intellectual property or proprietary rights.
ANY CLAIM THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OTHERWISE SUCH CLAIM IS PERMANENTLY BARRED.
16. Changes to Terms and Services
B. Changes to Services. We may update, upgrade, or change any of the Services at any time. Nevertheless, the Services, or any part thereof, may be out-of-date at any given time, and we are under no obligation to update the Services. We reserve the right to withdraw or amend any of the Services in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable or inaccessible at any time or for any period. From time to time, we may restrict access to all or some of the Services.
17. Miscellaneous Provisions
B. Electronic Communications. By using the Services, you consent to receive electronic communications from us through e-mail, the Site, or other means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal communication requirement, including that such communications be in writing. You understand and agree that if we send you an electronic communication but you do not receive it because your contact information on file is incorrect, out-of-date, or blocked by your service provider or you are otherwise unable to receive such electronic communication, we will be deemed to have provided such communication to you.
C. Force Majeure. We shall not be responsible for delays, errors, failures to perform, interruptions, or disruptions in the Services caused by or resulting from an act, omission, or condition beyond our reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, pandemic or epidemic, earthquakes, severe weather, floods, or other natural disaster.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to firstname.lastname@example.org.