Check & Connect Terms of Service

Last Updated: November 2017

General Provisions

1. By accessing this site, you are agreeing to be bound by these Terms of Service. Regents of the University of Minnesota (the “University,” “we” or “us”) may, at any time, without notifying you, change the provisions of these Terms of Service, which may become effective immediately. By accessing this site after any such change, you are agreeing to be bound by these Terms of Service, as changed.

2. We may change the content or any other aspect of the services provided on this site, at any time, without notifying you in advance.

3. We have not reviewed content submitted to this site. We are not responsible for the accuracy, completeness or reliability of the content. We do not endorse or criticize the scientific or clinical merit of content submitted to this site.

Submission Policy

1. By submitting content to this site, you are agreeing to be bound by this policy. You are granting us a non-exclusive, royalty-free, irrevocable, world-wide perpetual right and license to gather, store, reproduce, distribute or publicly display the content you submit. You are granting us the right to modify the content and to create a derivative work based on it but only in connection with modifying the content for storage or display in a different medium or format. We may grant others the right to store, reproduce, distribute or publicly display content you submit.

2. By submitting content to this site, you are not assigning to us ownership of the intellectual property rights in the content.

3. You are solely responsible for the content you submit. We generally do not review the content. You are prohibited from submitting content that is defamatory or libelous, that violates another’s intellectual property rights or rights of privacy or publicly or that is abusive, obscene or otherwise unacceptable. You are also prohibited from submitting content in which you do not have a legal right, as an author or otherwise, to submit to the site.

4. We reserve the right to remove, with or without prior notice to you, content that you submit that in our opinion violates these Terms of Service.

 

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act ("FERPA") protects the privacy of student educational records and limits when a school may disclose a student's educational records. You are solely responsible for ensuring that your use of this site and all of its functionality is compliant with all applicable laws related to disclosure of student information and regulations, including, but not limited to, FERPA.

Data Collection, Use and Privacy

1. In your accessing and using this site, we gather, collect and store information on your usage and on content you submit to us.

2. We may use the information we have gathered, collected and stored from you for any legitimate purpose, consistent with applicable law. We expect to use that information to test and improve the site and the underlying software. We also expect to use that information to conduct academic and/or professional research, consistent with applicable law and University of Minnesota policies, procedures and rules.

3. We will not access or use your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or except as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section. We will only use your Information in accordance with the Privacy Policy, and you consent to such usage. All data stored will comply with HIPAA and PII safe guards and record storage. Check and Connect will use anonymous utilization data tracking to improve Check and Connect’s features and services offerings, along with furthering research within the University of Minnesota. Such improvements from collected data are the sole property of Check and Connect. Check and Connect may require access to your Check and Connect content and instance to troubleshoot and resolve issues and service interruptions.

4. These Terms of Service incorporate the University of Minnesota College of Education and Human Development’s Online Privacy Policy, posted at http://www.cehd.umn.edu/privacy/ (“CEHD Privacy Policy”). The CEHD Privacy Policy shall govern your access and use of the site. The CEHD Privacy Policy may be amended from time to time, and any such amendment shall govern your access and use of the site after the effective date of the amendment.

Security

Check and Connect employs technical environments via Amazon Web Services, employing SOC1, SOC2, and SOC3 compliant security and methodologies. Refer to Amazon’s SOC1, SOC2, and SOC3 compliance documentation. We will implement reasonable and appropriate measures designed to help you secure your Content against accidental or unlawful loss, access or disclosure.

Attestation Standard Section 801 (AT 801) is a standard designed for service organizations (like AWS) to independently report on compliance with policies, procedures and controls. It provides guidance to the auditors who assess AWS as a service organization. The AWS SOC 1 Report is prepared in accordance with AT 801 by independent service auditors (Ernst & Young, LLP) and provides an assurance report and independent auditor’s opinion on AWS internal controls that may be relevant to a customer’s internal control over financial reporting. AT 801 is issued by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA) and supersedes the two prior service organization controls guidance standards for auditors commonly known as SSAE 16 and SAS 70.

The AWS SOC 2 Security & Availability and SOC 3 Security & Availability Reports are prepared in accordance with Attestation Standard Section 101 (AT 101) which is a standard that enables an auditor to report on subject matter other than financial statements based on the AICPA Guide Reporting on Controls at a Service Organization Relevant to Security Availability, Processing Integrity, Confidentiality, or Privacy and Trust Services Principles and Criteria.

All data for Check and Connect is encrypted and secure via SSL encryption.

Service Commitment

Check and Connect will use commercially reasonable efforts to insure the solution is available with a Monthly Uptime Percentage of at least 99.95%. Check and Connect will manage reported instance outages within 4 hours of first instance report. Non-critical feature enhancements and bug fixes will be handled in priority and development cycles. All support and issue reporting is handled via the support and feedback link contained within each Check and Connect instance. 

Intellectual Property

1. You are solely liable for claims brought by third parties alleging that your submission of content to this site (including our exercising any right you granted us under the Submissions Policy) violates the parties’ intellectual property or other rights. We will not defend or indemnify you for any claims.

2. You do not have any right, title, interest or license in the site, the content submitted to the site by others or the software and related documentation for the site.

Representations and Warranties

1. We make no representations or warranties about the site or the services offered on it. You access the site and use the services offered here at your sole risk.

WE OFFER AND YOU ACCEPT THE SERVICES OFFERED ON THE SITE “AS IS” AND “WITHOUT WARRANTY”.

WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THIS SITE AND THE SERVICES OFFERED ON IT. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

2. IN ANY ACTION OR SUIT BROUGHT AGAINST US ARISING OUT OF YOUR ACCESSING THE SITE AND USING THE SERVICES OFFERED HERE, YOU ARE PROHIBITED FROM RECOVERING LOST PROFITS, LOST BUSINESS OR RESEARCH OPPORTUNITY, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

General Terms

1. The laws of the state of Minnesota shall govern the interpretation and enforcement of these Terms of Service. All causes of action arising out of these Terms of Service shall be brought and maintained in the courts of the state of Minnesota.

2. These Terms of Service are intended as the final and binding expression of their contract and agreement and as the complete and exclusive statement of the terms thereof. These Terms of Service cancel, supersede and revoke all prior negotiations, representations and agreements among the parties, whether oral or written, relating to the subject matter of these Terms of Service.

3. We may suspend or terminate your account and access to all or any part of the site at any time for any reason, with or without prior notice to you.