End-User License Agreement ("Agreement")

Thank you for using EvalEase (“Software”). Prior to using the Software, its services or any information therein, please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, or using the Software. By clicking the "I Agree" button, downloading, or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement.

This Software has been developed by and all content, rights and intellectual property contained herein are the exclusive property of the Southwest West Central Service Cooperative (“SWWC”).

This Agreement is a legal agreement between you (“User” whether an individual or an entity) and SWWC and it governs your use of the Software made available to you by SWWC.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not use the Software.

The Software is licensed, not sold, to you by SWWC for use strictly in accordance with the terms of this Agreement. This Software and this Agreement is between SWWC and the User, and is no way intended to create a relationship, agreement or understanding between SWWC and any Third Party, including, but not limited to students, clients or patients of User.

Any feedback about the Software may be sent via email: amber.bruns@swwc.org.

License

SWWC grants you a revocable, non-exclusive, non-transferable, limited license to access, download, install and/or use the Software, solely for purposes strictly in accordance with the terms of this Agreement.

Registration and General Terms

Registration will be made via the Software. SWWC reserves the right to modify the registration process to the Software at any time, at its sole discretion and without prior notice thereof to the User.

Should the User choose to register to the Software by entering their name, they will be required to provide personal details, such as their full name, contact information and other details. By clicking the button “I agree”, the User fully agrees to deliver personal information which will be saved by SWWC in accordance with the present Terms of Use and the provisions of any applicable laws.

Subject to the Privacy Policy, registration and any data uploading will constitute the User’s acceptance to receive from SWWC and/or anyone on its behalf, messages and/or updates with respect to the Software and the services provided therein.

The User hereby declares and undertakes that any data or information delivered during the use of the Software is correct and accurate; that he/she delivered the same on his/her own behalf and any third party information so conveyed he/she had the express permission of any third party to do so. The User declares that he/she has the legal authority, permissions, and authorizations to provide any such information or data that is provided using the Software. The User covenants that he/she has capacity to perform legal binding actions. The User declares that he/she is not committing any breaches of HIPPA or confidentiality by providing information as part of using the Software. Any such violations of HIPPA or confidentiality are the sole responsibility of the User, and the User agrees to indemnify and hold harmless SWWC for the same. Any data or information submitted by the User or collected from him/her may be saved in SWWC’s database and will be used in strict accordance with the Privacy Policy and the Law.

The User hereby agrees that the Software and the data, output and content (“Content”) therein is for User’s private and sole viewing and access, and that User will not permit any other person to access the Software or the Content, and each account or profile created is for the sole use of that User. Accounts may not be shared or accessed by other persons or entities. User will not share access or log in information with any person or entity other than User. Should User violate these Terms of Use by allowing other persons access to the Software, SWWC retains the right to terminate User’s account without notice, and all fees paid to SWWC by User shall be forfeited.

The User further agrees that these Terms of Use will apply for all assessments or other outputs of the Software created under or pursuant to User’s account or profile.

The User is aware that SWWC may collect information regarding the User or the Content to improve, enhance or modify the Software, services and information and Content offered by the Software and to inform Users about the services and updates proposed by SWWC, anyone on its behalf or by third parties. The User is aware that all the information delivered to or collected by SWWC or the Software may be saved in SWWC’s database or in the database of anyone else on behalf of SWWC, such database being kept and maintained in accordance with all applicable privacy laws. As aforesaid, the delivery of the information is based on the free will and consent of the User. The User waives in advance and will be prevented from raising any argument, claim or request against SWWC in connection with the saving of said information in SWWC’s database or any related servers. Furthermore, the User understands that SWWC is under no obligation to save or maintain information or data provided by the User, and the sole responsibility to retain information or data, and to save progress, is with the User.

The Content presented by the Software is presented "As Is". SWWC endeavors that any such Content shall be as correct and accurate as possible. However, the such Content may not be complete, accurate or alternatively may contain technical or other errors. Further, the User may input incorrect or incomplete information or data, over which SWWC has no control. Such incorrect or incomplete information or data may result in incorrect Content. SWWC is not responsible for imprecisions or errors in the Content or output of the Software.

For the avoidance of doubt, it is clarified that any use of the Content available on the Software, or the output thereof, or other information delivered to the User by SWWC or anyone on its behalf, shall not derogate from the User’s responsibility to review the accuracy of same. Even though the Software will provide Content that may be useful for assessments, the User retains full responsibility over the outcome of any assessment that may utilize the Content.

Any use of the Content or output of the Software is the sole responsibility of the User. The User hereby waives any claim, request or demand against SWWC regarding the Content or output, including with respect to any direct or indirect damages incurred by the User as a result of the use of the Software or as a result of a breach of the Privacy Policy. The User further agrees to indemnify and hold harmless SWWC for any actions or damages brought or maintained by any third parties against SWWC related to the User’s use of the Software.

The User understands that neither the Content nor the Software is a clinical recommendation, and the Content and the Software is dependent on the information or data presented by the User. Any treatment that is implemented as a result of any Content, output or assessment is at the full discretion of the User, and SWWC offers no opinions or guarantees with respect thereto.

Restrictions

You agree not to, and you will not permit others to:

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.
• copy or use the Software for any purpose other than as permitted under the above section 'License'.
• The User hereby agrees that the Software is for User’s private and sole viewing and access, and that User will not permit any other person to access the Software, and each account or profile created is for the sole use of that User. Accounts may not be shared or accessed by other persons or entities. User will not share access or log in information with any person or entity other than User.
• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software.
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SWWC or its affiliates, partners, suppliers or the licensors of the Software.

Intellectual Property

The Software (including, without limitation, any data, displays, software, text, image, sound, and video clip), any copyrights, trademarks, patents and logo (the “Intellectual Property”) including those developed, designed, written and/or created by SWWC or anyone on its behalf, are either the exclusive propriety of SWWC or licensed Content pursuant to a license agreement between SWWC and the owners of the proprietary rights.

The User shall not use any registered or unregistered Intellectual Property of SWWC presented in the Software without SWWC’s prior written consent. The User shall not copy, duplicate, distribute, publish or use any Content or Intellectual Property in the Software, directly or indirectly, in such a manner as to constitute a violation of SWWC’s intellectual property rights in the same.

Privacy Policy

SWWC collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available upon request. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or SWWC. SWWC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from SWWC, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your mobile device or from your computer. In the event of termination, all fees paid to SWWC by User shall be forfeited.

Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your computer.

Termination of this Agreement will not limit any of SWWC's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Amendments to this Agreement

SWWC reserves the right, at its sole discretion, to amend, modify or replace this Agreement at any time. By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.

Limitation of Liability and Indemnification

Without prejudice to the aforesaid, SWWC shall not be liable for any errors in the Content or the Software and any changes made in the Content by the User or any third party.

Any reliance of the User or any third party on any Content or other information, presented or issued within the Software shall be made at the User's sole discretion and under his/her sole responsibility.

SWWC shall not be held liable for any damage, loss or expense caused to a User or to any third parties, directly or indirectly, as a result of using the Software. User agrees to indemnify, defend, and hold harmless SWWC and its respective officers, directors, agents, successors, and assigns, from all claims, suits, legal actions, and charges brought against SWWC, and for any costs, fees, liabilities, damages, losses, expenses, and associated attorney fees arising from or incidental to User’s use of the Software pursuant to this Agreement.

Governing Law

The laws of the State of Minnesota shall govern this Agreement and your use of the Software. Any disputes shall be venued in the district court of Kandiyohi County, Minnesota. Your use of the Software may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between you and SWWC regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and SWWC.