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Terms of Use
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Terms of Use
Following is information regarding Learning Tools, Intl. Privacy Policy and Terms of Use.
Please review carefully before proceeding with your use of any GoalView Service or
affiliated services.
Privacy Policy
The GoalView Service is a subscription service purchased by an individual, school,
district or another educational entity for managing performance information on students and staff.
A GoalView@School free version is available to registered users. Authorized users of GoalView
sites or services may be able to submit personal information if they engage in any of the following activities or features:
message boards, discussion lists, real-time online customer service, online surveys designed to provide feedback to Public Consulting Group, secure customer messaging or assessment tests or activities in conjunction with Learning Tools or Learning
Tools GoalView partners.
The GoalView Services are password-protected products.
Information provided by authorized users is not available to the general public on the Internet.
Depending on the product, service, or feature being used, such information may be available to other
authorized users within the subscribing entity (e.g., a single user, school, district or state
entity or to any authorized user of the GoalView partner companies. You are responsible for
maintaining the secrecy of your passwords and any account information. Remember to sign out of your
GoalView password-protected account when you have finished your work.
This is to ensure that others cannot access your personal information if your computer is accessible
to others, if you share a computer with someone else, or if you are using a computer in a public place such as a
library. Only certain authorized Learning Tools, Intl. employees can access this information if it is
relevant to their job duties. Learning Tools, Intl. has staff dedicated to maintaining this Privacy Policy and other privacy
initiatives, periodically reviewing Web security and making sure that Learning Tools, Intl. employees
are aware of our security and privacy practices. Unfortunately, no data transmission over the Internet
can be guaranteed to be secure. As a result, while we strive to protect your information, Learning
Tools, Intl. cannot and does not ensure or warrant the security of any information you transmit to
us or from our online products or services, and you transmit information at your own risk. Although
Learning Tools, Intl. is committed to protecting its visitors' and subscribers' personal information and
privacy, we cannot guarantee the security of any information you choose to disclose online and you do so
at your own risk. Learning Tools, Intl. Privacy Policy does not extend to anything that is inherent
in the operation of the Internet, and therefore beyond Learning Tools, Intl. control, and is not to be
applied in any manner contrary to applicable law or governmental regulation.
Information Collected From You
The information you provide when you register with any GoalView service may be shared with
other GoalView sites or services or sites because it will make your visits to our sites easier
and save you the inconvenience of reregistering. Any reference to "we," "us,"
"GoalView," or "Public Consulting Group, Inc.," in
this statement applies to all the Web sites and services provided by Public Consulting Group, Inc.
There are various areas on our sites where we either require or permit you to provide personal
information. We use this personal information only for the purpose specified at the time you input such
information.
These areas include Free Trial Service to The GoalView@School Classroom and/or
University Edition. This membership is meant for teachers, administrators, teachers-in-training, University
instructors and interested parents 18 years of age or over, and is not intended for children under 18 years
of age or students in grades K–12. To become a trial member, we ask you for your first and last name, e-mail
address, position or title, school or workplace name, school district, phone, state, and zip code. We also ask for
your school address, whether or not you would like to receive e-mail from Public Consulting Group, Inc,
and how you learned about GoalView. Public Consulting Group collects this information for administrative purposes, for
tracking/verifying compliance with Public Consulting Group policies as well as applicable laws, for
editorial and feedback purposes, to follow up with registrants once the trial membership has expired, and/or for fulfilling
promotions. If you contact our Customer Service team with an inquiry, you will need to provide us with a means
of contacting you with our response.
Subscribers may provide certain personally identifying information about students to enroll them as individual
authorized users of The GoalView Services. This information includes name and other identifying information
that subscriber's may deem necessary to enable the features of GoalView.
The use of cookies is common in the Internet industry; Cookies are small text files written to your computer.
They make our Web sites and services possible for you to use because they save your preferences and security
rights while you're logged in (passwords encrypted and are saved in the GoalView
database). Please note: Your browser must be set to accept cookies to use GoalView's
subscription services.
An IP address is a number automatically assigned to your computer whenever you use the Internet. Web server
automatically identify your computer by its IP address. GoalView collects IP addresses for system
administration and to audit the use of our site. We can and will use IP addresses to identify a user when
we feel it is necessary to enforce compliance with our rules or terms of service or to protect our
service, site, customers, or others.
Learning Tools, Intl. may share aggregate information about our visitors and subscribers with business partners,
potential customers, and other third parties. We also use this information to customize our content and
deliver a better experience for our visitors and subscribers
How We Use the Information
We use login information to identify you as an authorized user and ensure that you can see and use those areas of our
GoalView sites that you are authorized to access. We also use your personal information to tailor the content
and services on our GoalView sites to your current and future needs. For the same reason, we may share your personal
information with third parties who are affiliated with our sites or who provide services to our sites. If you
are 18 years of age or older and provide us with your mailing address, telephone number, or e-mail address, we
and our partners may use this information to alert you to product upgrades, special offers, updated information,
and new services. If you object to such use for any reason, you should contact the company as follows: by email at goalviewsupport@goalview.com, by mail to Learning Tools, Intl.,
2391 Circadian Way, Santa Rosa, CA 95407, or by phone at 707-521-3530 or fax at 707-521-3535. In addition,
in connection with an assignment, sale, joint venture, or other transfer or disposition of some or all assets of
Learning Tools, Intl., Inc., or its affiliated entities, Learning Tools, Intl. may accordingly assign, sell,
license, or transfer any information, including personally identifying information, that our visitors or subscribers
have provided to us to those third parties directly involved in the transfer or disposition of such assets. Learning
Tools, Intl. may disclose visitor or subscriber information in special cases when we have reason to believe that
doing so is necessary to identify, contact, or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Learning Tools, Intl. rights or property, other Learning
Tools, Intl. visitors or subscribers, or anyone else who could be harmed by such activities. Learning Tools, Intl.
may disclose visitor information when we believe in good faith that the law requires us to do so.
You will find links from the Public Consulting Group site to independently owned, controlled, and/or managed Web sites
whose content we believe will be of possible interest and value to our visitors. Additionally, you will see links
from advertisers, sponsors, and other partners who may use Public Consulting Group logo as part of a co-branding
agreement. In many cases, these links represent cooperative projects or mutual links established with the organizations
connected with these sites. We do not control the content of these links. These other sites may send you their own
cookies, collect data, or solicit personal information. We do not control these cookies or the content of these third
parties. Once you leave our GoalView site, the use of any information you provide is governed
by the privacy policy of the company of the site you are visiting.
By using this Web site, you signify your consent to Learning Tools, Intl., Inc.'s, Privacy Policy. If you do not agree
to this, please do not use our Web site or services. Your continued use of GoalView sites and services will mean you
accept this policy in accordance with the Terms of Use.
Terms of Use
AGREEMENT BETWEEN USER AND LEARNING TOOLS, INTERNATIONAL
Welcome to Public Consulting Group’s GoalView Services! Public Consulting Group’s
products comprise all GoalView Edition Services operated by Learning Tools, Intl. With respect to
your access and use of the GoalView Services, Learning Tools, Intl. provides its services to you,
subject to the following Terms of Use (TOU), which may be updated from time to time by Learning Tools, Intl. without notice to you.
Updates become effective when posted, and you are responsible for regularly reviewing these terms and conditions. In addition,
when using particular GoalView Web sites or services, you and Learning Tools, Intl. shall be
subject to any guidelines, rules, or Terms of Use applicable to such sites or services that may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms,
conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control. You agree
to be bound by these TOU, and you indicate such agreement by your use of any Learning Tools, Intl. site or service.
Subject to these TOU, Learning Tools Int’l hereby grants you the right to access and use the Learning Tools Int’l Sites.
Unless otherwise specified herein or agreed upon by Learning Tools Int’l, the Learning Tools Int’l Sites are only for
your personal, educational, and noncommercial use. Learning Tools Int’l retains all rights with respect to the Learning
Tools Int’l Sites except those expressly granted to you in this agreement. You agree not to duplicate, publish, display,
modify, create derivative works from, or otherwise distribute the material on the Learning Tools Int’l Sites unless
specifically authorized in writing by Learning Tools Int’l to do so. You agree not to frame, or assist third parties
in framing, any of the Web pages contained in the Learning Tools Int’l Sites. Such framing is strictly prohibited under
this agreement. The information, artwork, text, video, audio, pictures, content, software, trademarks, service marks, and other
intellectual property on the Learning Tools Int’l Sites are the proprietary property of Learning Tools Int’l and/or
its suppliers and are protected by U.S. and international copyright and other intellectual property laws. In the event
that you print materials found on the Learning Tools Int’l Sites, you must include any copyright notice originally
included with the materials on all copies.
The following are trademarks or service marks of Learning Tools Int’l, Inc.:
GoalView®, GoalView.com®, GoalCard®,
GoalMap®, Public Consulting Group®
The names of actual companies and products listed on the Learning Tools Int’l Sites may be the trademarks of their
respective owners. The Learning Tools Int’l Sites may contain links or produce search results that reference links
to third party Web sites (collectively "Linked Sites"). Learning Tools Int’l has no control over these
Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or
materials available Linked Sites. Learning Tools Int’l cannot and does not guarantee, represent, or warrant that
the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or
inoffensive. Learning Tools Int’l does not endorse the content of any Linked Site, nor does Learning Tools
Int’l warrant that a Linked Site will not contain computer viruses or other harmful code that can impact
your computer or other Web-access device. By using the Learning Tools Int’l Sites to search for or link to
another site, you agree and understand that such use is entirely at your own risk and that you may not make
any claim against Learning Tools Int’l for any damages or losses whatsoever resulting from such use. However,
if you experience a problem with a Linked Site, please let us know at
goalviewsupport@goalview.com, and we
will investigate the link and take appropriate action.
As a condition of your use of the Learning Tools Int’l Sites, you warrant to Learning Tools Int’l that you will not use
the Learning Tools Int’l Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to
use the Learning Tools Int’l Sites in any manner that could damage, disable, overburden, or impair the
Learning Tools Int’s Sites or interfere with any other party's use and enjoyment of the Learning Tools Int’l
Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Learning Tools Int’l Sites.
If you participate in any forums, chat rooms, bulletin boards, emails or submit any content to Learning Tools Int’l
(collectively "Communication Services") within the site, you agree that any information posted or
submitted by you shall not be false, inaccurate, or misleading, shall not be fraudulent shall not infringe
any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export
control, consumer protection, unfair competition, anti-discrimination, or false advertising) shall not be
defamatory, trade libelous, unlawfully threatening, or unlawfully harassing shall not be obscene or contain
child or other pornography shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept,
or expropriate any system, data, or personal information shall not create liability for Learning Tools Int’l or
cause Learning Tools Int’l to lose (in whole or in part) the services of our ISPs or other suppliers shall not
link directly or indirectly to links that you do not have a right to link to or include Learning Tools Int’l
has no obligation to monitor the Communication Services. However, Learning Tools Int’l reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole discretion. Learning
Tools Int’l reserves the right to terminate your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. Learning Tools Int’l does not control or endorse the
content, messages, or information found in any Communication Service, and, therefore, Learning Tools Int’l
expressly disclaims any liability with regard to the Communication Services and any action resulting from your
participation in the Communication Services. All such participation is solely at your own risk.
Your privacy and the privacy of all our users and the data entered into Learning Tools Int'l Sites is important.
Please review our Privacy Policy. If you post any content to the Learning Tools Int’l Sites, by electronic mail or
otherwise, we will treat it as nonconfidential and nonproprietary to you. By posting any content on the Learning Tools
Int’l Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under
age thirteen (13), you may not post any personally identifying information about yourself on the Learning Tools Int’l
Sites without the express permission of your parent, guardian, or school. Learning Tools Int’l reserves the right at all
times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental
request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at Learning Tools
Int’l's sole discretion.
You agree that any and all information, ideas, and suggestions that you provide to the Learning Tools Int’l Sites,
including, without limitation, any of its subsidiaries or affiliates, becomes the exclusive property of Learning
Tools Int’l, and you irrevocably assign all rights of ownership, including, without limitation, intellectual
property rights, to Learning Tools Int’l upon submission of the information. Additionally, you agree to defend,
indemnify, and hold Learning Tools Int’l and its affiliates, subsidiaries, officers, directors, agents, and employees
harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with
any claims that the information you provide to the Learning Tools Int’l Sites infringes on any copyright,
trademark, patent, or any other intellectual property right of any third party.
Warranty Disclaimer. Learning Tools Int’l does not promise that the Learning Tools Int’l Sites will be error-free or
uninterrupted or that the Learning Tools Int’l Sites will provide specific results from your use of any content,
search, or link on them. The Learning Tools Int’l Sites and all content within them are delivered on an
"AS IS" and "AS AVAILABLE" basis. Learning Tools Int’l does not warrant or represent that
files you download from the Learning Tools Int’l Sites will be free of viruses or other harmful features.
LEARNING TOOLS INT’L DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE LEARNING TOOLS INT’L SITES AND RELATED
SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR
NEGLIGENCE, WILL LEARNING TOOLS INT’L BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE
OF THE LEARNING TOOLS INT’L SITES. IN NO EVENT SHALL LEARNING TOOLS INT’L'S AGGREGATE LIABILITY TO YOU FOR ANY
LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE LEARNING TOOLS INT’L SITES EXCEED THE TOTAL
AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO LEARNING TOOLS INT’L FOR ACCESSING THIS SITE DURING THE SIX (6) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Indemnity. You agree to defend, indemnify, and hold Learning Tools Int’l and its subsidiaries, affiliates, officers,
directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees,
arising from or related to your breach of this agreement, or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
Designated Contact for Alleged Copyright Infringement. Learning Tools Int’l respects the intellectual property of others
and asks that you do the same. If you believe some content on the Learning Tools Int’l Sites has been copied in such
a way as to constitute copyright infringement, please notify goalviewsupport@goalview.com.
Access to the Learning Tools Int’l Sites. You are solely responsible for any and all costs of obtaining access to the
Learning Tools Int’l Sites. That access may involve third-party fees (such as Internet Service Provider or airtime
charges). You are responsible for those fees and charges. In addition, you must provide and are responsible for all
equipment necessary to access the Learning Tools Int’l Sites.
General. This agreement shall be governed in all respects by the laws of the State of California without giving effect to
its conflict of law of provision. Both parties submit to personal jurisdiction by and venue in the state and
federal courts in the State of California, County of Sonoma, and further agree that any cause of action arising
under this agreement shall be brought in such venue. If any provision of this agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Learning Tools Int’l's failure to act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein
sets forth the entire understanding and agreement between Learning Tools Int’l and you with respect to the subject
matter hereof and supersedes any prior or contemporaneous understanding, whether written or oral.
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