LAST UPDATED: 9/10/20
Riverside Assessments, LLC dba Riverside Insights (“Riverside,” “We,” or “Our”) provides content for Our assessments (collectively, the “Products”) and related assessment management features via Our web-based platforms, including Riverside DataManager, Online Scoring and Reporting for the Woodcock Assessment and Intervention Suite, BDI-2 DataManager, Riverside Score, and BDI-3 Mobile Data Solution (collectively, the “Platforms” and, together with the Products, the “Services”).
“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6505, and the regulations promulgated thereunder, each as amended.
“DFARS” means the Department of Defense FAR Supplement, codified at 48 C.F.R. Parts 200-299.
“FAR” means the Federal Acquisition Regulation, codified at 48 C.F.R. Parts 1-52.
“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the regulations promulgated thereunder, each as amended.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and the regulations promulgated thereunder, each as amended.
“PPRA” means the Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h, and the regulations promulgated thereunder, each as amended.
3.1 Required Computing Resources
Use of the Services requires, at a minimum, computing resources needed to access and browse the internet. Such computing resources may include, as specified in applicable user documentation: (i) a personal computer and/or mobile device; (ii) software, including browser software and operating system software; and (iii) other specified client-side computing resources (collectively, “Client-Side Computing Resources”). You are responsible for ensuring that You (a) have access to requisite Client-Side Computing Resources and (b) are sufficiently familiar with and trained regarding such Client-Side Computing Resources.
Riverside does not guarantee that the Services will operate with Your specific Client-Side Computing Resources. You are advised to carefully review each Service’s posted minimum system requirements to ensure compatibility.
3.2 Enrollment Responsibilities
Depending on the specific Services You are using and your role with respect to such Services, You may need to select the users who will have access to the Services and prepare the necessary files for import or manually enroll the users using features provided in the Services. For some Services, We may limit the number of users per subscription license.
3.3 Use of Passwords
Once enrolled, You will have the opportunity to create a password for Your assigned user name (“Login Credentials”). All account users should have their own Login Credentials. Riverside will treat anyone who uses Your Login Credentials as “You.” Riverside will not be responsible for Your sharing or other misuse of Login Credentials, and Riverside will hold You responsible for the activities of a person using Your Login Credentials. You agree to maintain Your Login Credentials in confidence and to notify Riverside immediately if You know or suspect that someone is using Your Login Credentials in an inappropriate manner.
Riverside’s Services, including derived scaled scores from number of questions answered correctly (“Score Conversions”), assessment score reports (“Reports”), and all related designs, layouts, appearances, and graphics therein, as well as the copyrights, trademarks, service marks, wordmarks, and logos contained within the foregoing, embody intellectual property rights owned by Riverside (or its licensors), including any rights under patent law, copyright law, trade secret law, and trademark law (“Riverside Intellectual Property”). All rights not expressly granted herein are reserved to Riverside and/or its licensors, as applicable.
In addition to the license You grant us for the Submitted Data, You grant Riverside a nonexclusive, worldwide, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute any comments, ideas, and suggestions for improvements or developments related to or associated with the Services that You provide (“Feedback”) in any manner without compensation to You. Please do not submit Feedback if You do not wish to grant us the rights set forth in this Section.
YOU ARE ADVISED TO EXPORT AND SAFEGUARD SUBMITTED DATA AND BACK UP IMPORTANT INFORMATION FREQUENTLY. If You choose to provide Submitted Data to Riverside via the Services, Riverside will periodically back up the Submitted Data and will take reasonable steps to securely store said backups. Notwithstanding anything to the contrary, You hereby release Riverside from any claim or liability relating to any failure in Riverside’s database system and backup practices.
After expiration of the Term, Riverside will return or delete Submitted Data, in whole or in part, promptly after receiving written request and instruction from You or Your authorized designee, unless retention is necessary in Riverside’s determination to provide other services to You; fulfill any other obligation it may owe You; or comply with applicable laws, regulations, court orders, or other legal processes. Riverside will retain all data that is not returned or deleted pursuant to the foregoing process in accordance with its standard records retention policy.
Notwithstanding anything in this Section, Riverside may retain Submitted Data in accordance with its backup or other disaster recovery policies and procedures. You acknowledge and agreed that backed-up data cannot be recovered following deletion. You unconditionally release, waive, and discharge any right or entitlement, whether by contract, under operation of law, or otherwise, to bring any cause of action or claim against Riverside now or in the future in connection with any data deletion request You make. You assume any and all risk of loss, liability, damage, or costs that may occur as a result of Your data deletion request.
Riverside will use commercially reasonable efforts to make the Services available to You without significant interruption. There may be times when the Services are unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors.
If a Service experiences a significant interruption that is not due to scheduled downtime, Riverside will use timely and commercially reasonable efforts to restore required functionality (the “Availability Commitment”). The Availability Commitment does not apply to downtime: (i) due to emergencies, (ii) that Riverside otherwise schedules, for example, to install software updates and patches, (iii) due to Your violation of these Terms; or (iv) due to Your failure to update or upgrade your Services when suggested by Riverside.
The Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or any information supplied to You via the Services, or that files available through the Services are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
You may contact Riverside’s technical support team with questions about the Services at the hours listed on our Support Page. In addition to taking reasonable steps to respond to reproducible errors or bugs in the Services commensurate with the severity of the error or bug, technical support may also provide You with information regarding Service availability.
You agree not to copy, duplicate, publish, distribute, display, modify, create derivative works of, or alter physical or electronic characteristics of the Services. You agree not to dismantle or reverse engineer or clone any part of the Services. You will not grant sublicenses to, assign, transfer, sell, or rent the Services or any sublicenses thereto without Riverside’s prior written consent.
Because the Services, including Score Conversions and Reports, are Riverside Intellectual Property and are considered confidential information of Riverside, the Services will not be disclosed by You in response to requests made by third parties unless otherwise required pursuant to applicable law or valid court order, and then only after prior notice is provided to Riverside as well as an opportunity to prevent such disclosure. You agree that You will not otherwise, directly or indirectly, disclose any confidential information of Riverside without Riverside’s prior written consent.
Subject to the restrictions in Section 5 (Test Security; Use of Assessment Score Reports), You may print, copy, display, and otherwise distribute Reports, but not any other parts of the Services, provided that such actions are in compliance with Your obligations under the Policies and Standards and are otherwise in compliance with all applicable laws, regulations, and professional standards and obligations. You represent and warrant that You have obtained the necessary permissions from parents/guardians, students/examinees and/or other applicable third parties relating to Your use of the Reports. You hereby release Riverside from any claim or liability relating to Your use of the Reports.
Notwithstanding anything to the contrary, You will not under any circumstance import any external content into any Test Reports or copy, display, or reproduce any test question from the Services without Riverside’s prior written consent.
Your use of the Services to generate Reports is based on quantities of student administrations (record forms, answer documents, other consumable test or response booklets, digital administrations, or digital licenses) that You license from Riverside. You are only entitled to assess one student/examinee per record form, answer document, other consumable test or response booklet, digital administration, or digital license; however, multiple different Reports may be generated from a single test administration.
You agree that when using the Services, You will not: introduce into the Services any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm, or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Services; otherwise harm other users, Riverside Intellectual Property, or any third parties; or authorize any third parties to perform such actions.
You will not use the Services to commit fraud or conduct other unlawful activities. You will not access or attempt to access any other person’s account, personal information, or content without permission.
You will not use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information about the Services or any users thereof for any reason.
You will not decrypt, transfer, frame, display, or translate (except translations for limited personal use) any part of the Services.
You will not connect to or access any Riverside computer system or network without authorization.
You will not use the information in the Services to create or sell a similar service or use the Services for the purpose of soliciting, selling, or offering services, merchandise, or products.
The Services may integrate with or provide links to other content, including websites or open education resources, on the Internet that We do not control. This content may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of such content. Inclusion of any linked content in the Services does not imply or express an approval or endorsement thereof by us or of any of the opinions, treatments, information, products, or services provided in this content, even if We receive a referral fee in connection with Your use of such third-party content.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 10 (LIMITED WARRANTY), RIVERSIDE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. RIVERSIDE DOES NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE THE SERVICES OR (II) ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. RIVERSIDE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR CONTENT.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RIVERSIDE HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES COVERED BY THESE TERMS AND/OR (II) YOUR FAILURE TO COMPLY WITH THESE TERMS.
IN NO EVENT WILL RIVERSIDE BE LIABLE TO YOU OR ANY THIRD PARTY, EITHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF FUTURE REVENUE, INCOME OR PROFITS OR LOSS OF DATA, EVEN IF RIVERSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES.
If You are a “Covered Entity” as defined under HIPAA, You and Riverside agree that the Business Associate Addendum will govern HIPAA-related matters (click here to review the Business Associate Addendum). If You are not a Covered Entity, this Section does not apply.
Please note that FERPA requires parental/guardian consent before a service provider, such as Riverside, is given access to personal information contained in a student’s/examinee’s educational records. Under FERPA, this parental/guardian consent requirement is met where the service provider acts as a type of “school official” by performing services for the school that would otherwise be performed by the school’s own employees. Riverside fulfills FERPA requirements for qualifying as a school official by, among other steps, giving schools direct control with respect to the use and maintenance of the educational records at issue (including associated personal information) and refraining from re-disclosing or using this personal information except for purposes of providing the Services or as required by applicable laws, regulations, court orders, or other legal processes. Riverside will comply with access requests as required by FERPA.