Electronic Daily Report Card - Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”) CAREFULLY BEFORE ACCESSING AND/OR USING THE ELECTRONIC DAILY REPORT CARD WEBSITE www.e-drc.com (“Website”). THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN YOU (the “User”, “you”, or “your”), AS A USER OF THE WEBSITE, AND MANHATTAN PSYCHOLOGY GROUP, PC (“MPG”, “us”, “we”, and “our”) AND BY UTILIZING THE SERVICES PROVIDED THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.
MPG RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. MPG SUGGESTS THAT YOU PERIODICALLY REVIEW THESE TERMS FOR AMENDMENTS. BY ACCESSING AND/OR USING THE WEBSITE AFTER MPG HAS POSTED AMENDMENTS TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE TO SUCH TERMS AS MODIFIED.
THIS WEBSITE IS FOR THE USER’S INDIVIDUAL PROFESSIONAL, PERSONAL, AND/OR INFORMATIONAL USE ONLY AND ANY UNAUTHORIZED COMMERCIAL USE OF THIS WEBSITE IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS WEBSITE INCLUDE ANY PROVIDER OR SUBSCRIBED PROVIDER VISITING THE WEBSITE FOR INDIVIDUAL PROFESSIONAL AND/OR INFORMATIONAL PURPOSES, PARENTS INVITED BY PROVIDER, SUBSCRIBED PROVIDER, OR OTHER PARENT, TEACHERS INVITED BY PARENT, PROVIDER, OR SUBSCRIBED PROVIDER VISITING THE WEBSITE FOR SCORING AND/OR INFORMATIONAL PURPOSES, OTHER INDIVIDUALS INVITED BY PROVIDER, SUBSCRIBED PROVIDER, OR PARENTS VISITING THE WEBSITE FOR SCORING AND/OR INFORMATIONAL PURPOSES, MPG EMPLOYEES, USERS SEEKING INFORMATION ABOUT MPG, AND ANY OTHER USERS AUTHORIZED BY MPG. MPG RESERVES THE RIGHT TO REFUSE ACCESS TO THE WEBSITE TO ANYONE FOR ANY REASON. THIS WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. NO ONE UNDER AGE 13 MAY ACCESS OR PROVIDE ANY INFORMATION TO OR ON THE WEBSITE.
IF YOU VIOLATE THE TERMS, WE MAY TERMINATE YOUR USE OF THE WEBSITE AND ANY AND ALL ACCOUNTS YOU HAVE ESTABLISHED ON THE WEBSITE. YOU ACKNOWLEDGE THAT MPG IS NOT REQUIRED TO PROVIDE YOU NOTICE BEFORE IT SO TERMINATES YOUR ACCOUNT(S).
Acceptable Use of the Website
User may access and use this Website only to make use of services that MPG has agreed to provide. User agrees to use the Website only for lawful purposes.
Provider: A doctor, psychologist, or other therapist (the “Provider”) may create an eDRC for one or more patients/students; create and manage home rewards; create and manage target behaviors; assign and/or un-assign an eDRC to a Teacher(s) and/or Parent(s); and view, print, and/or download eDRC information, including eDRC scores and trends.
Teacher(s): A Teacher, which may include classroom teachers and tutors, assigned to an eDRC may access and score an eDRC, print an eDRC, and view eDRC trends. A Teacher explicitly may not: invite any other Users to access the Website; download any data from the Website to a personal computer or laptop or to any data storage unit outside of the Website, such as an external hard drive or cloud storage; or manage target behaviors of the patient/student.
Parent(s): A Parent assigned to an eDRC may view, print, and/or download eDRC information, including eDRC scores and trends; and assign and/or un-assign an eDRC to a Teacher(s) and/or Parent(s). A parent explicitly cannot score an eDRC, modify eDRC information, or manage target behaviors.
MPG reserves the right to terminate any or all of your rights of access to and use of the Website if you engage in any conduct or activities that MPG, in its sole discretion, believes violate any of these Terms or is otherwise inappropriate for continued access.
Compliance with Laws
By accessing and/or using the Website, you warrant and represent that your use of the Website, including any information you enter or provide, is in compliance with all applicable federal, state, and local laws and regulations. You warrant and represent that any information you enter on the Website is provided in compliance with all applicable laws and regulations, including but not limited to the Family Education Rights and Privacy (“FERPA”). You are solely responsible for determining whether your use of the Website is subject to, and in compliance with, such laws and regulations.
FERPA generally requires that education institutions obtain consent from parents or eligible students before they can disclose any personal information from a student’s education record to a third party. If you are, or are affiliated with, an educational institution, by accessing and/or using the Website, you represent and warrant that you are solely responsible for complying with FERPA, including but not limited to being responsible for obtaining advance written consent from the parents of all students or from eligible students whose information will be provided to MPG. For more information on FERPA, please see www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
Disclaimer of Warranty
All information, content, materials, products, and other services included on or otherwise made available through the Website by MPG are provided on an “As Is” and “As Available” basis with no warranties whatsoever. MPG makes no representation or warranties of any kind, express or implied, as to the operation of the Website, or the information, content, materials, or services included on or otherwise made available to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permitted by law, MPG disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose. MPG does not warrant that the Website, information, content, materials, or services included on or otherwise made available through the Website are free of viruses or other harmful components.
To the fullest extent permitted by law, MPG disclaims any warranties for the security, reliability, timeliness and performance of this Website and its services. MPG does not warrant that the functions performed by the Website service will be uninterrupted or error free, or that the Website or servers that support it will be free from viruses or other harmful components.
Limitation of Liability and Indemnity
USER ACKNOWLEDGES THAT MPG SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES OR ANY RESPONSIBILITY WHATSOEVER FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS SERVICE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN MPG AND YOU. MPG SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA AND SERVICES AVAILABLE ON THE WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THE WEBSITE OR SERVICES.
IN NO EVENT WILL MPG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA OR SERVICES MADE AVAILABLE ON THE WEBSITE.
USER UNDERSTANDS AND AGREES THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THE MPG AND THE WEBSITE, AND THE DOWNLOAD OR MANIPULATION OF ANY DATA IS DONE AT THE USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO THE USER’S CONTENT OR TO THE USER’S COMPUTER SYSTEM AND FOR ANY LOSS OF DATA THAT MAY RESULT.
THE FORGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Intellectual Property and Ownership Rights
All content and materials displayed or otherwise contained on this Website, including without limitation, all images, text, articles, programs, photographs, illustrations, design, and graphics are owned by and are the property of:
Manhattan Psychology Group, PC
107 West 82nd Street, Suite 106
New York, NY 10024
Copyright © 2013 Manhattan Psychology Group, PC. All rights reserved.
The content and materials described above are protected by U.S., foreign, and international copyright laws. Any use of these materials by the User is strictly prohibited without the express written permission of the MPG, and nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, such permission.
By utilizing the Website, the User agrees not to sell, copy, publish, transmit, distribute, redeliver, modify, display, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content or materials from the Website, in whole or in part, for any reason, except that the User may make one printout or hard copy of each page of this Website for personal and non-commercial use.
As between User and MPG, MPG retains and owns all rights, titles, and interest and all intellectual property rights in and to any and all patents, trademarks, trade secrets, or other proprietary information embodied in the Website or the services provided by MPG (the “MPG Intellectual Property”). Nothing in these Terms transfers or conveys to User any ownership interest in or to the MPG Intellectual Property.
As between User and MPG, MPG retains and owns all rights, titles, and interest to all content and data provided, included, or otherwise made available through the Website and to all information, content, materials, and all content and data provided to MPG either directly or through the Website. Nothing in these Terms transfers or conveys to User any ownership interest in or to any of the above.
Subscriptions and Billing
Some of the services made available by MPG require payment of fees by a User-Provider (“Subscribed Provider”), the terms of which shall be posted on the Website and/or specified in a separate agreement. Unless otherwise stated, such fees do not apply to any Teacher and Parent Users of the Website. Subscribed Provider shall pay all applicable fees (as set forth in the Subscription Agreement) in connection with such services selected by Subscribed Provider. MPG reserves the right to change its price list and institute new charges at any time, upon notice to Subscribed Provider, which may be sent by email or posted on the Website. Use of the services by Subscribed Provider following such notification constitutes Subscribed Provider’s acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by contacting MPG. You must cancel your subscription before it renews in order to avoid the next billing. MPG is not obligated to refund any fees that have accrued before the cancellation. Additionally, MPG will not prorate fees for any subscription. You will have continued access to the Website and services for the duration of the paid subscription period.
By providing a credit card or other payment method accepted by MPG (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a recurring subscription fee and any applicable taxes in connection with your use of MPG as set forth in the Subscription Agreement.
The entire system is completely free now until Dec 31st 2016. Providers can have unlimited charts (active or inactive) per provider account with full functionality and invite as many teachers and parents as needed.
On 1/1/2017, the first chart will be free with full functionality. For 2 or more active charts, it will be $15/month per provider. Billing is based on user type ("Provider, Teacher, Parent"), not professional title. So if a teacher is registered as a "Provider" with more than 2 active charts, he/she will be billed as an eDRC Provider. The system is free for users registered teachers and parents. An active chart is any new created chart or chart moved from "Inactive" into the "Active" folder. Once you create a new chart, even if there are no goals or scores, or you delete it immediately, it's considered active and your account will be adjusted. Each provider can have unlimited active or inactive charts. Once a chart is deleted or moved to the "inactive" folder, the chart is no longer considered "active." Sharing provider logins is strictly prohibited and doing such could freeze your account.
On 1/1/2017 and onward, we will begin monitoring your monthly usage. Billing will be done retroactively each year on June 30th. Again, we are only billing users monthly registered as providers with more than 2 active charts from 1/1/2017 onward. We are not billing for the months of July or August. Monthly usage monitoring will resume on Sept 1. There will be no refunds or pro-rated months. If you do not pay your bill within 10 business days, we will freeze your provider account so you will still have access but will not be able to create, edit or score charts. Parents and teachers can only view frozen charts; no additional scores or comments can be added. Once you pay your bill, your provider account and charts will be unfrozen.
Providers who want to not be billed can simply move charts into their "Inactive" folder, which are free to store and you'll have access to view them.
In order to sustain the services provided by MPG, it is important that each Subscribed Provider honor the payment obligations to which the Subscribed Provider agreed. Accordingly, MPG reserves the right to terminate any or all of your rights of access to and use of the Website upon failure to pay any applicable fees and to pursue any amounts you fail to pay in connection with the services provided by MPG. You will remain liable to MPG for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Agreement Not to Compete
For good and valuable consideration and as an inducement for MPG to provide access to and use of the Website to Users, including Subscribed Providers, access to proprietary information and trade secrets, User hereby agrees not to directly or indirectly compete by promoting, advertising, marketing, or providing a product or service similar to the Website and services provided by MPG and its successors and assigns during the period of subscription or use and for a period of two years following termination of subscription or use. Users acknowledge and agree that the foregoing non-compete agreement is necessary and appropriate to protect the business of MPG and is reasonable as to scope and duration.
Users further acknowledge and agree that MPG may, in reliance on this agreement, provide to the User proprietary data, information and good will not available to the general public. The User agrees to retain said information as confidential and not to use said information on his or her own behalf or for purposes other than for uses permitted by Users of the Website or to disclose the same to any third-party. Notwithstanding this provision, Users may share information about and discuss the Website and its features and functionalities with other authorized Users via the Website, or in other forums to the extent they are managed or expressly authorized by MPG, including any online forums or groups which are managed by MPG and closed to the general public.
Governing Law and Venue
The interpretation and performance of these Terms and Conditions will be construed in accordance with the laws of the State of New York, without consideration of Choice of Law provisions. If a dispute should arise that requires adjudication in a court of law, it is agreed that such dispute shall be resolved by a state or federal court located within New York City, New York.
If any court of law determines that any provision of these Terms and Conditions is invalid or unenforceable, such provision shall be considered to be removed and all remaining provisions will remain in effect.
The failure of MPG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the other provisions of these Terms remain in full force and effect.