Testing Platform Terms and Conditions

Last revised: January 14, 2022

These Terms of Use (“Terms”) govern your use of and access to the Working in Support of Education (“W!SE”) internet-based and mobile application-based testing platform (the “Platform”).

Acceptance of these Terms

Your use of the Platform is subject to these Terms. By registering with and/or accessing the Platform, you agree that you have read and understand these Terms, and that you will use of the Platform in accordance with these Terms. W!SE requires that the parents, guardian, or other authorized adult or educational institution of a minor consent to the use of the Platform by such minor. W!SE reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult or educational institution, upon such adult’s request. W!SE further reserves the right to change or amend these Terms without notice. We recommend that you refer to this webpage from time to time to ensure you understand and agree with any revisions to the Terms.

Privacy Statement

Please refer to our Privacy Statement for details on what personal information we collect and how we use that information. Any registration, personal, or other information you share with us is securely managed and safeguarded.

Registration

Under these Terms, “you” refers to the person who registers on the Platform. You agree that all information you provide in registration or otherwise is true, accurate, and complete. Note that you may be required to input information provided by the school with which you are affiliated. Please consult with your school to obtain the necessary information to access the Platform.

You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username and password.

When accessing your account from the website, you agree to exit from your account at the end of each session. W!SE is not be responsible for any loss or damage arising from your failure to do so.

If you become aware of any unauthorized use of your account information, you agree to notify W!SE immediately at info@wise-ny.org.

If you believe that your account information or device that you use to access the Platform has been lost or stolen or that someone is using your account without your permission, you must notify W!SE immediately to minimize your possible losses.

Your Access and Use of the Platform

Your right to access and use the Platform is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Platform for lawful purposes.

When you access the Platform, or otherwise communicate with or via W!SE, you agree that you will not:
1. Post or transmit any content that you do not have a right to reproduce, display or transmit;
2. Submit or contribute any information or commentary about another person without that person’s permission;
3. Post or transmit any content that contains a virus or corrupted data;
4. Violate any applicable local, state, national or international law;
5. Upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Disseminate username, password or any additional Platform-accessing information to unauthorized individuals; or
7. Threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or take any action that is likely to harass, upset, embarrass, alarm or annoy any other person.

Your access and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that W!SE, in its sole discretion, may elect to take. In no event will W!SE be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Trademark and Branding

You acknowledge and agree that W!SE exclusively owns the copyright to (or have been granted licenses by third parties to use) all rights, title, and interest in the Platform and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, “Content”) provided on the Platform.

No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or under these Terms without express written permission of W!SE or permission of the copyright owner. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of W!SE’s copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from W!SE.

The trademarks and logos used on the website(s) are owned by W!SE. No use of any W!SE trademark or any other trademark listed is permitted without express written consent.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Platform, use of the Platform, or access to the Platform.

Changes to these Terms and to the Platform

We may make changes to these Terms at any time. Your continued use of the Platform indicates your acceptance of any new terms and conditions and continued agreement to be bound by these Terms, as modified from time to time. If you have registered with us and provided us with an e-mail address, we may provide you with notice informing you that these Terms have changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. We may also make changes to the Platform. We reserve the right to do so without prior notice to you. Please note the date at the top of these terms, which will indicate the date these terms were last revised.

Limitation of Liability

THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER W!SE NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES ON THE PLATFORM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE PLATFORM AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. W!SE, AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF. IN NO EVENT WILL W!SE, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You, therefore, agree that all access and use of the Platform is at your own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, W!SE’s liability shall be limited in accordance with these Terms to the fullest extent permitted by law. You specifically waive any and all claims you may have arising out of use of the Platform.

W!SE, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that W!SE accepts no responsibility for security of information transmitted over the internet.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Platform will be brought solely in the federal or state courts located in New York, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Dispute Resolution

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM W!SE. For any dispute with W!SE, you agree to first contact us at info@wise-ny.org and attempt to resolve the dispute with us informally. In the event that we have not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, United States, unless you and W!SE agree otherwise. If you are an individual using the Platform for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing W!SE from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSON AND ENTITIES, REGARDLESS WHETHER THEY HAVE OBTAINED OR USED THE PRODUCTS FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE (1) PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND W!SE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO THE PRODUCTS OR THESE TERMS.

Miscellaneous

These Terms and the Privacy Statement govern your entire agreement with W!SE with respect to your access and use of the Platform. These Terms do not confer any rights, remedies, or benefits upon any person other than you and W!SE. These Terms may only be amended by a written or electronic form duly accepted and agreed to by W!SE and you, or in the manner described in the Section “Changes to these Terms and to the Platform.” You may not assign these Terms without the prior written consent of W!SE. These Terms shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.