Effective starting: September 20, 2021
YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE ONE STEP APP AND SITE.
The following terms and conditions set forth the legal rights and obligations between Educational IDEAS, Inc., (hereinafter referred as “EI”) and its Customer (“User”) for the One Step® website (onestep-app.com) and mobile apps for iOS and Android, (hereinafter referred as “Site” or “Services”). Additional conditions may only be specified in a separate, written agreement between EI and the User. By accessing or using the Site, you agree to the Terms and Conditions of Use listed on this page. EI reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time. If EI updates these Terms and Conditions of Use, you will be notified. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
When you register for the Site or send e-mails to EI, you are communicating with us electronically. You consent to receive communications from EI electronically. EI will communicate with you by e-mail or by sending e-mail notices from this Site. You agree that all agreements, notices, disclosures, and other communications that EI provides to you electronically satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your Site account (“ACCOUNT”) and password and for restricting access to the device you use for accessing your account, and you agree to accept responsibility for all activities that occur under your account and password. You shall use reasonable precautions to protect your equipment from unauthorized access, attack, or use.
In order to access the Site you must have an Account. In registering for the Services, the Account Owner agrees to provide true, current, and complete Registration Data. Registration Data includes your district, school, or organization name, the account owner’s name, and e-mail address. Account owners are responsible for all activities that occur under their Account. You may not share your Account or password with anyone, and you agree to notify EI immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Site if you have been previously banned from the Site by EI or your organization.
NECESSARY EQUIPMENT AND SOFTWARE
You must provide all equipment and software necessary to connect to the Site, including but not limited to, a desktop or laptop computer, a tablet, or a smartphone that is suitable to connect with and use the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.
RESTRICTIONS ON USE OF MATERIALS
This Site is operated by EI. EI provides this Site as a Service (SaaS) solution to customers for an Instructional Program. EI restricts access to the Site by password to users who are authorized to use the Instructional Program. Authorized users may use the Site to submit a limited set of personally identifiable information to operate the Site. Any personally identifiable information, and materials found on this Site, may not be disclosed to any unauthorized third party. The rights granted to you by these Terms and Conditions of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, or otherwise commercially exploit the Site, (b) you shall not use framing techniques to enclose any trademark, logo, or other Site content; (c) you shall not use any metatags or other “hidden text” using Site’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site content; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Site; (f) no data or material from the Site shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, hosted, or otherwise commercially exploited in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to the Terms and Conditions of Use. EI and service providers reserve all rights not granted in the Terms and Conditions of Use. Any unauthorized use of the Site terminates the licenses granted by EI pursuant to the Terms and Conditions of Use. EI may terminate without notice your access to the Site if it is determined you violated the acceptable use policies referenced in these Terms and Conditions of Use.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EI or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of EI and protected by U.S. and international copyright laws. All software used on this Site is the property of EI or its software suppliers and protected by United States and international copyright laws. No part of this Site may be reproduced in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. All of the components of EI’s One Step® materials are copyrighted to protect the original works of authorship. None of the instructional materials may be copied by any means unless permission to reproduce is expressly granted directly on the material. Requests for permission should be directed in writing to Educational IDEAS, Inc, P.O. Box 219, Brea, CA 92822-0219.
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT REGULATIONS
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a U.S. Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. You recognize that by agreeing to these Terms and Conditions of Use, you are selecting to use EI’s One Step® program for your educational agency and/or institution for the purpose of instructing students. No specific student information will be released by EI to any other party unless there is a written request from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student, if desired by the parents. All such requests are expected to be mediated by the district, school, or organization whose account the student belongs to. As applicable, you agree to comply with all FERPA requirements prior to providing EI access to any student information.
INSTRUCTIONAL PROGRESS DATA CREATED AND OBTAINED FROM THE USE OF THE SITE AND THE RELATED SERVICES
The non-personal data created and obtained from the use of the Site regarding the frequency of use of specific instructional elements within the Site is owned by EI. EI may use this site utilization data for internal business purposes provided that the data are completely de-identified. EI agrees to not release any system-use data to a third party on an individual student or individual school without the prior notification and authorization of the student or school and in compliance with Children’s Online Privacy Protection Act (COPPA). EI grants the use of all student progress tracking data to the school, district, or other client organization subject to the restrictions of COPPA and any other laws that the contracting party is subject to. Such access grant does not allow the school, district, or other organization to sublicense, resell, or transfer any site-provided data for profit or for use in connection with development of an instructional product for profit without prior express written consent of EI.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site and all information, content, materials, products (including any software), and services included on or otherwise made available to you through this site are provided by EI on an “as is” and “as available” basis, unless otherwise specified in writing. EI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information on it, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, EI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EI does not warrant that this site, information, content, materials, products (including any software), or services included on or otherwise made available to you through this site; its servers; or e-mail sent from EI are free of viruses or other harmful components. EI will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software), or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless EI for any liability or expense arising from such use or misuse. You agree to immediately notify EI of any unauthorized use of your account or any other breach of security known to you.
Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts, events, and causes beyond the control of the responsible party, including, but not limited to, embargoes, explosions, failure of third party suppliers, fires, governmental decrees, labor disputes, natural disasters, pandemics, riots, strikes, terrorist activities, extreme/dangerous weather, national defense requirements, acts or regulations of national or local governments, war, impossibility of the use of means of public or private telecommunications networks, or the threat of any of these things.
If a Force Majeure Event occurs, we may have to cancel a performance or abandon it part way through and our obligations to you are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavors to find a solution by which our obligations may be performed despite the Force Majeure Event.
You may terminate the use of this Site at any time by submitting a request in writing from an authorized representative. If you terminate the use of this Site, EI reserves the right to permanently deidentify your stored data in its entirety including any teacher or student licenses without issuing any credits or refunds. Your use of this Site may also be terminated immediately by EI if in EI’s sole determination you fail to comply with any term or provision of these Terms and Conditions of Use.
You agree that your purchase of One Step licenses is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by EI regarding future functionality or features.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these Terms and Conditions of Use shall be filed only in the state or federal courts located in CALIFORNIA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
The purpose of technical support is to troubleshoot problems or provide guidance and support related to the product and services. Technical support may be provided through various channels such as phone, online, or e-mail. EI is not responsible or liable for the content of inquiries posted by users. Technical support is committed to protecting our customers’ privacy. EI only asks for information necessary to validate you as a legitimate customer so support can be provided in an efficient and proper manner. EI will never share any of your information with any individual outside of EI without your clear consent. You will receive e-mail and other communication from EI, such as responses to your inquiries placed by phone or online and administrative communication relating to your customer account (e.g., for purposes of account recovery or password reset). Note that EI will never e-mail you to ask for your password. If you receive such an e-mail, forward it to firstname.lastname@example.org.
SITE POLICIES, MODIFICATION, AND SEVERABILITY