You shall use the Company Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Company’s express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services, users of any platform services or products and/or services competitive with this Site. Any conduct by you that in Company’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.
You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such Page 2 of 8 item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant Company the right to edit, copy display, publish and distribute any item made available on this Site by you.
Further, you, as a visitor or user of the Site, shall not:
The foregoing provisions of this Section are for the benefit of Company, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own Page 3 of 8 behalf. You acknowledge that Company, its parent, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.
Company trademarks, service marks, certification marks, logos and/or trade names (collectively, marks) identify Company products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our written permission, provided you follow standard trademark usage practices and provide proper attribution. Further, any other use of the marks shall be subject to express written authorizations under accepted agreement terms. In the event you wish to use the marks for linking, please refer to Company’s Permission to Link Terms.
Your use of any marks constitutes your acceptance of the terms of this authorization. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the marks and their use, and the marks are provided “AS IS.” Further, Company reserves the right, for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein. Any other uses require written permission from Company.
Please make such requests by contacting Company as specified in this Site. Company will evaluate your request as soon as possible.
In the event any other trademarks appear on this Site that are not Company marks, you have no authorization to use, in any manner, or link to such marks; nor does Company grant you any rights, explicitly or implied, to use any such marks or to link to such trademarks. You will need to obtain permission from the owners of such marks in order to use or link.
Additionally, Company has rights to certain registered domain names in which it has a proprietary interest. The domain names are subject to the same restrictions as recited above and in the linking terms. Company claims rights in the following domain names: “valideval.com”. Company claims rights in the following Twitter account: “@valideval”.
When you use Company marks, please include an appropriate notice (as shown below) attributing the marks to Company.
Company’s Site contains copyrighted material that includes, but is not limited to, screen shots, documents, data, graphical displays, pictures, digital images, text, format, Rubrics, matrix formats, and computer code. Access and use of the Cohort Services requires execution of a Cohort Services Agreement and an End-User License Agreement, and governs the copyright applicable to the materials associated with the Cohort Services. These materials are owned by Company or its suppliers, and your download, access or use of these materials from this Site does not transfer any rights, title or interest, whether expressed or implied, in the materials or the copyrights held in the materials, except as authorized herein, to you. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the materials and their use, and the materials are provided “AS IS.” Further Company reserves the right for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein.
Company hereby authorizes you to view, copy, download, and print Company materials that are available on this Site, subject to the following conditions:
You may not reproduce, copy, or redistribute the design or layout of this Site, individual elements of this Site design, or Company marks without the express written permission of Company, or where otherwise stated. Any license grants are subject to the execution of a Cohort Services Agreement and an End-User License Agreement with respect to any use of copyrighted items associated with the Cohort Services.
Reproduction, copying, or redistribution for commercial purposes (external to your intranet) of any Materials on this Site is strictly prohibited without the express written permission of Company.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the following:
This Site (excluding linked sites) is controlled by Company from its offices within the State of Colorado, United States of America. It can be accessed from all 50 states, including territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Site both you and Company agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.
You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Colorado, county of Denver or the nearest Federal Court with respect to such matters. Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.
Company welcomes a link from your web page to Company’s Site. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as Company may authorize elsewhere, non-Company sites may link to this Site only by using Company’s logo, tradename, trademark or URL - “www.valideval.com” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following terms.
In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that Company provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-Company linked sites are independent from Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by Company of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. Company assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold Company completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.
If you are a registered user at this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile devices or other electronic data devices. You agree to accept responsibility for all activities that occur under your account or password. Company reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content. To open an account, you will create a username and a password, and agree to maintain the security, confidentiality and integrity of your username, password, and any other security measures employed by Company. You are responsible for all access to or use of your account (including financial transactions) under your username and password, including but not limited to access or use by any other individual, whether or not authorized by you. You agree to immediately notify Company of any breach of security, including but not limited to unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing your password. You represent and warrant that all information that you provide for your account is current, accurate, complete and truthful, including but not limited to, your legal name, street address, email address, telephone number, and, if applicable, financial transaction account information. Further, if applicable, you authorize Company and any payment processing service provider it may engage to charge your credit card, debit card or to debit or process payment through any offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are an authorized account holder of any financial transaction, if applicable, account which you provide to Company for payment of transactions that you make at this Site. You represent that you are the only one who will make payments, if applicable, in connection with the Site, and that you shall be responsible for any and all uses of your credit card, debit card or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Company are non-refundable. You understand that you are communicating electronically with Company. You expressly consent to receipt of electronic communications from Company whether by posting or email that you provide by setting up your user account. However, such communications from Company in connection with purchases, if applicable, shall be limited to communications relating to services, programs, or products following acceptance of an electronic agreement or payment for purchases. You agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic term communications that Company provides to you according to this account establishment section satisfies the legal requirements that such communication be in writing.
Valid Evaluation Inc. (“Company”) – Contact Information:
READ THIS END USER LICENSE AGREEMENT (“AGREEMENT” OR ALTERNATELY, “EULA”) CAREFULLY BEFORE ACCESSING AND/OR USING THE LICENSED SOFTWARE PRODUCT AND/OR LICENSED COHORT SERVICE PRODUCT AND RELATED DOCUMENTATION, IF ANY, (COLLECTIVELY, THE “PRODUCT”). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN “LICENSEE” OR “CUSTOMER” OR AUTHORIZED “END-USER” AND “LICENSOR” OR “VALID EVAL” (VALID EVALUATION, INC.). IF THE SOFTWARE/COHORT SERVICE PRODUCT IS ACCESSED AND/OR USED, LICENSEE IS DEEMED TO HAVE UNCONDITIONALLY ACCEPTED THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. FURTHER, BY CLICKING “AGREE” AT THE END OF THIS DOCUMENT, LICENSEE HAS DEMONSTRATED LICENSEE'S UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT AND THIS AGREEMENT IS EFFECTIVE AS OF THAT DATE (“EFFECTIVE DATE”). IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT (AS DEMONSTRATED BY CLICKING “DO NOT AGREE”), LICENSEE IS NOT AUTHORIZED TO ACCESS AND/OR USE THIS SOFTWARE/COHORT SERVICE PRODUCT; AND AS A RESULT, LICENSEE SHALL IMMEDIATELY CEASE ACCESS TO AND/OR USE OF THE SOFTWARE/COHORT SERVICE PRODUCT. FOLLOWING THE ELECTION OF “DO NOT AGREE”, LICENSEE WILL RECEIVE A FULL REFUND, IF SO PAID, OF ANY FEE PAID AS PROVIDED UNDER THE TERMS OF THE QUOTE, WHICH TERMS ARE FOUND AT HTTPS://WWW.VALIDEVAL.COM AND WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT, IF ACCEPTED, AND ANY AGREEMENTS AND TERMS AND CONDITIONS INCORPORATED BY REFERENCE REPRESENT THE COMPLETE AGREEMENT BETWEEN LICENSEE AND LICENSOR CONCERNING THE SOFTWARE/COHORT SERVICE PRODUCT, AND IT SUPERSEDES ANY PRIOR OR CONCURRENT AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES (EXCEPT LICENSOR’S COHORT SERVICE AGREEMENT (“CSA”) WHEN FULLY EXECUTED BY LICENSOR AND LICENSEE, IF APPLICABLE), INCLUDING BUT NOT LIMITED TO ANY ASSOCIATED LICENSEE PURCHASE ORDER TERMS AND CONDITIONS UNDER WHICH THE SOFTWARE/COHORT SERVICE PRODUCT WAS OBTAINED UNLESS OTHERWISE AGREED IN WRITING.
Licensor and Licensee may be alternatively referred to as party, individually, and parties, collectively.
It is acknowledged by Licensee and Licensor that Licensee is either: i) a sole individual (“user”) or ii) a legal entity, in which case, it is the legal entity and not the employee, agent or representative (“users”) of Licensee that is entering into this Agreement. Further, in the case of a legal entity, Licensor acknowledges that Licensee may have multiple authorized and recognized users networked and/or residing at various Licensee physical locations that may access and use the Product on behalf of and for the benefit of Licensee, and that such users will unconditionally bind Licensee to this Agreement. Notwithstanding the foregoing, Licensee assumes the entire responsibility and liability to verify Licensee’s authorized and recognized users that access and utilize the Product. Further, Licensee may have already accepted a version of the terms and provisions in this Agreement by signing a separate agreement; and therefore, i) the “individual user” or ii) the “employee, agent or representative users of Licensee” must make inquiries to determine if such other agreement exists. If none exists, any action as recited above by an “individual user” or “employee, agent or representative users” binds Licensee to this Agreement. If an agreement has been signed by an authorized and recognized representative of Licensee, this Agreement shall be considered to contain the entire understanding of Licensee and Licensor relating to the subject matter recited herein and this Agreement shall supersede all prior or contemporaneous, conflicting or additional communications or agreements, whether oral or written, between Licensee and Licensor relating to the subject matter recited herein except if otherwise agreed to in writing. This Agreement and the referenced terms and conditions and/or any referenced additional agreements are incorporated herein by reference, apply to the availability and use of the Product. Licensee reserves the right to cancel any order for the Product, at any time, prior to any access and/or use of the Product.
The following definitions apply to this Agreement:
“End-Users” mean “Organizers,” “Judges,” and/or “Teams&edquo; identified and authorized by the Customer through the “Program Manager” to use the “Cohort Services” on Customer's behalf and for Customer's benefit solely in connection with an identified “Cohort” in accordance with this Agreement and where such End-Users are authorized to access and use the “Cohort Services” in connection with “Cohort Activity.”
“Program Manager” means a Customer selected individual, entity or organization that assumes the obligation to authorize End- Users for participation in a “Cohort” and implementation of associated “Cohort Activity” under a validly executed EULA in connection with Cohort Services.
“Cohort Services” or alternately, “Product” means service functionality that provides assessment, decision support and “Feedback” delivery for authorized End-Users, who have entered into validly executed EULAs, for an identified Cohort, which allow End-Users to use and access “Rubric” content, engage in Cohort Activity, and input certain data and information associated with the Cohort by accessing the Cohort Services via a Hosted System utilizing Hosted Software. In particular, the services facilitate the End-User data and/or information input by, transmitted to, loaded into, stored in, or processed by the Hosted Software residing on the Hosted System that results from Cohort Activity associated with “Rubrics” meeting the requirements of “Rubric Certification”.
“Teams” mean individuals, organizations or entities having a point of contact, as appointed by the Program Manager, who are End-Users under executed EULAs, that “perform” during the Cohort Activity associated with the identified Cohort under a Quote wherein performance generates performance data and information associated with Cohort Activity for processing by the Cohort Services.
“Judges” mean at least one individual, who is an End-User under an executed EULA, that is a subject-matter expert or a subject matter qualified individual, for the identified Cohort under a Quote to generate and record “Scores”. Judge End-Users are appointed by the Program Manager to assess Teams’ performances.
“Organizers” mean at least one individual, as appointed by the Program Manager, that is an End User under an executed EULA, leading the Cohort Activity of the identified Cohort, identifying participating Teams and Judges to engage in Cohort Activity, and assessing the Cohort Activity of the identified Cohort.
“Cohort” means one specifically identified event, grant-making cycle, class, group, gathering or program as identified by Customer in the Quote for selected Cohort Services. Each identified Cohort identifies a Program Manager that facilitates the engagement of Organizers, Teams and Judges.
“Cohort Activity” means all of the activities associated with a specifically identified Cohort under a Quote as implemented by the Program Manager and/or Organizers consistent with Customer’s Quote description of Cohort Services for Cohort activities and the granting of certain authorized rights to the Customer, subject to the restrictions recited herein, to perform the relevant Cohort activities. These activities include, subject to the restrictions recited in this Agreement: i) the promotion of the identified Cohort by Customer, Program Manager or Organizers; ii) the participation, as applicable, by Program Manager and/or Organizers in the associated Cohort Activities for the identified Cohort; iii) the recruitment by the Program Manager of Organizers, Teams and Judges to participate in the identified Cohort; iv) the right of use, disclosure and dissemination of “Evaluations”, “Scores”, “Feedback”, “Consensus Reports” and “Profile Data” exclusively and solely for the identified Cohort; v) the right of disclosure and dissemination of the “Rubric” and / or “Performance Artifact Template” exclusively and solely for the identified Cohort; iv) the process of matching Teams to Judges for the purposes of assessment for each “Round of Evaluation” associated with the Cohort; vi) the production of Scores by Judges associated with the Cohort; vii) the analysis of data and information provided by the Teams and Judges in the form of Evaluations, Phase Summaries and Consensus Reports; and viii) the delivery of “Feedback” to Teams.
“Rubric” means the sophisticated scoring format of evidence-based assessment guidelines appearing in a matrix. Rubrics are subject to “Rubric Certification” by Valid Eval as validated for use in a “Phase” within a specified Cohort. A Cohort Activity includes disclosure and dissemination of one or more Rubrics, provided that the Rubrics identified with a Phase are used for the Cohort. Each Rubric has one or more Rubric dimensions, each of which is subject to a dimension score (recorded numerically) by a Judge after the Judge’s assessment of a given performance; and each Rubric dimension has one or more Rubric subdimensions, each of which is subject to a qualitative click defining the Judge’s view of that aspect of a performance’s quality. Each Rubric has a scoring weight that is associated with each Rubric dimension. The overall quantitative value of a given Score is the weighted average of the recorded dimension scores. The foregoing provides Score(s) to prepare “Performance Artifacts”.
“Rubric Certification” means the process by which Valid Eval produces an appropriate Rubric for use with a specific or identified “Phase” for the identified Cohort. All Rubrics deployed within a Cohort Activity must be certified by Valid Eval as applicable and suitable for purpose of the goals or objectives of a Cohort.
“Score” means a single Judge’s assessment of a single Teams’ performance during a “Phase” using a single Rubric. The assessment data and information input are organized utilizing the Rubric. The Judge provides both qualitative and quantitative assessment inputs, optionally including “Score Comments”.
“Score Comments” mean free-form comments or remarks entered by a Judge during the generation of a Score.
“Evaluation” means the analysis data generated from a collection of all Scores on a specific Team from Judges recorded during a particular “Phase”. Evaluations are created by the Hosted Software based on the Scores provided by the Judges.
“Profile Data” means personally identifiable information (“Personal Information”) that is any data or information that could potentially identify an individual and therefore, distinguish one person from another and can be used for de-anonymizing anonymous data of End-Users, including Program Manager, Organizers, Teams or a Judges directly associated with a Cohort, as defined by the Customer under a Quote or requested by the Program Manager. The Customer, or the Program Manager, is responsible for selecting what type of Personal Information to include in the Profile Data forms, which are captured when the Program Manager, Organizers Teams and Judges participate in the Cohort Activity.
“Feedback” means anonymized Scores and Evaluations delivered to Teams designed to help explain Cohort factors and characteristics applicable to the Cohort and associated Cohort Activity and to deliver structured, prioritized and actionable direction for improvement or confirmation of direction. Feedback delivered to Teams includes only Scores and Evaluations recorded to the Team directly associated with the Cohort and Cohort Activity. Feedback comprises Scores and Evaluations at the conclusion of a “Round of Evaluation”.
“Phase” means a defined window of time during which Scores of Teams are recorded by Judges using the sole - associated Rubric during a given “Round of Evaluation.”
“Phase Summary” means the data and statistics summarizing and analyzing all of the Scores and Evaluations in a given Phase.
“Round of Evaluation” means the collection of Scores, Evaluations and Phase Summary(ies) for a Phase(s), which occurred concurrently during a time bounded period of assessment of a Teams’ performance in connection an objective or goal of a Cohort and associated Cohort Activity. A Round of Evaluation is either comprised of a single Phase, or it is a “Faceted Round of Evaluation”.
“Faceted Round of Evaluation” means a Round of Evaluation that involves two or more concurrent Phases where by the data from each Phase are combined to facilitate decision-making.
“Consensus Meeting” means the collaborative process to review and analyze “Consensus Reports,” Evaluations, and Scores associated with a given Round of Evaluation.
“Performance Artifact” means a work product, whether in tangible or intangible form, associated with the Cohort Activity produced by a Team and provided by that Team for assessment during the Cohort Activity.
“Performance Artifact Template” means a template formatted for inputs by a Team in connection with Cohort Activity. The Performance Artifact Template is produced by Valid Eval for the Cohort for an associated Rubric.
“Hosted Software” means the standard commercially available Valid Eval software that functions to support the Cohort Services, as specified in the Quote.
“Hosted System” means the server(s) and computer network(s), including the cloud-based access and use, that provides the Program Manager and authorized End Users to remotely access the Hosted Software for the provision of Cohort Services obtained by the Customer.
“Third-Party Products” means hardware or software provided from third parties that facilitates the Cohort Services, and which warranties and obligations are passed through directly to Customer under the Quote.
“Consensus Reports” mean formatted outputs of Phase Summary, Evaluations, Scores, and any other performance information.