SUBJECT: ORANGE COUNTY BOARD OF EDUCATION AGENDA ITEM ABSTRACT Meeting Date: November 24. 2014 AGENDA ITEM No. ACTION ITEM: (Y/N) ACHIEVE3000 Pilot Agreement 14-11-(2)-08 y INFO. CONTACT: __,D"-'r.'""J""a,ke""'H'""e"'n.!!.ry'---------- PHONE: 919-732-8126 ATTACHMENTS: 1. Grants and Special Project Application Approval Form 2. ACHIEVE3000 Grant Proposal 3. ACHIEVE3000 Agreement PURPOSE: To request the Board of Education approve the ACHIEVE3000 Pilot Agreement. BACKGROUND: Achieve3000 is an online tool that assesses a student's reading ability and gives him access to 20,000 articles from the Associated Press at his reading level. Each article has been rewritten in English on twelve reading levels and in Spanish on seven. A classroom teacher selects an article that addresses his content-area standards. Then the computer assigns the appropriate level of that article to each student. Students sitting beside one another will not be able to tell that one person's article is on the 5th grade level while another's is on the 9th or 12th grade level. The online tool also includes writing prompts and comprehension questions that the teacher can assign as appropriate. Achieve3000 allows a teacher to differentiate reading texts, giving all students access to course content while improving their ability to read with comprehension. Achieve3000 will be piloted at one middle school and all high schools. Teachers who have been selected to be a part of the pilot have agreed that their students will read at least two articles per week and respond to comprehension questions. At the end of the January- May 2014 pilot, the district will analyze student reading levels to see if they improved. Research says that students must read daily for sustained amounts of time in order to grow as readers. Often in secondary classrooms students who are reading below grade level do not read. Usually this is because they can't read on grade level and teachers do not have access to differentiated texts that address their content standards. Achieve3000 will give teachers access to texts students can read and understand. This Agreement has been reviewed by legal counsel. FINANCIAL IMPACT: $9,000.00 RECOMMENDATION: The Superintendent recommends the Board of Education approve the ACHEIVE3000 Pilot Agreement.
ATTACHMENTS: 1. Grants and Special Project Application Approval Form 2. ACHIEVE3000 Grant Proposal 3. ACHIEVE3000 Agreement
PURPOSE: To request the Board of Education approve the ACHIEVE3000 Pilot Agreement.
BACKGROUND: Achieve3000 is an online tool that assesses a student's reading ability and gives him access to 20,000 articles from the Associated Press at his reading level. Each article has been rewritten in English on twelve reading levels and in Spanish on seven. A classroom teacher selects an article that addresses his content-area standards. Then the computer assigns the appropriate level of that article to each student. Students sitting beside one another will not be able to tell that one person's article is on the 5th grade level while another's is on the 9th or 12th grade level. The online tool also includes writing prompts and comprehension questions that the teacher can assign as appropriate. Achieve3000 allows a teacher to differentiate reading texts, giving all students access to course content while improving their ability to read with comprehension.
Achieve3000 will be piloted at one middle school and all high schools. Teachers who have been selected to be a part of the pilot have agreed that their students will read at least two articles per week and respond to comprehension questions. At the end of the January- May 2014 pilot, the district will analyze student reading levels to see if they improved.
Research says that students must read daily for sustained amounts of time in order to grow as readers. Often in secondary classrooms students who are reading below grade level do not read. Usually this is because they can't read on grade level and teachers do not have access to differentiated texts that address their content standards. Achieve3000 will give teachers access to texts students can read and understand.
This Agreement has been reviewed by legal counsel.
FINANCIAL IMPACT: $9,000.00
RECOMMENDATION: The Superintendent recommends the Board of Education approve the ACHEIVE3000 Pilot Agreement.
GRANTS AND SPECIAL PROJECTS APPLICATION APPROVAL
I. Proposal Information
Primary Applicant Project Information
Name: Vickie Smith Project Title: Achieve 3000
Title: Director of AIG, Literacy & Professional Development Proposal Due Date:
Central Services~~ Administrative Annex _Public Grant _K_Private Grant _Renewal Grant
As the Primary Applicant for the proposed grant, 1 certify that the attached proposal is complete and accurate.
v~~
2. Budget Information
Funding
Funding Agency: Achieve 3000
Amount Requested: $22,110.00
Anticipated Start Date: January 2015 End Date: June 2015
Payment Method: oCost-reimbursement basis oOne-time lump sum )('Other: Funds will not be given directly to OCS; they will reduce the amount OCS has to pay
Proposal Summary:
Achieve 30000 is an online tool that includes the following:
1. Assessment to determine a student's reading level
Matching Funds or Cost Sharing (Please indi?ate source)
oCash o1n-Kind oThird Party olndirect Costs
Amount: $ 9,000.00 Cost Account Code:
Vickie Smith: 1.5330.069.411 Patricia Harris: 1.5120.014.411 Lisa Napp: 3.5330.104.311 000.000.00 Claire Porter 2.6110.801.411.000.048 Eric Yarbrough 1.5330.069.411.327.052.01
2. Teacher access to 20,000 articles from the Associated Press that have been rewritten on 12 reading levels in English and 7 in Spanish 3. Comprehension and writing tools connected to each article for student and teacher use 4. Access to data analysis reports
Selected high school teachers and middle school teachers would pilot the online tool from January- June 2015. Pilot teachers have heard an Achieve 3000 presentation, know the pilot requirements, and voluntarily agreed to participate. Access to articles at various reading levels supports each school's literacy plan and is the number one, research-proven method for improving student reading comprehension across content areas.
In what way does the proposal support the Orange County Schools Mission, Vision and ~trategic Plan?
The use of Achieve 3000 directly addresses the district' strategic plan, Goal1, Objective 1. Goalt : Orffilge County Schools will provide excellent instruction to prepare students for global competitiveness. Objective 1: Provide appropriate learning experiences. Achieve 3000 will give students access to texts at their reading level -
Strategies
j Continue K-8literacy program and expand the literacy 1 program to the high school level
! Proposed project audiences?
Outcomes Measures
I High school literacy plan completion
!
Selected teachers at Cedar Ridge High School, Orange High School, Partnership Academy, Gravelly Hill Middle School
Which key performance indicators would the project impact?
Access to Tier 1 instruction which would impact engagement and comprehension in all classes. It will allow content area teachers to
differentiate reading texts and writing task responses.
On average, reading levels should increase half a year to a year during one semester's use of Achieve 3000.
What is the intended future, or long-tenn consideration for this project? Does this require upkeep by system staff? If so, in what capacity?
Pilot data, as well as teacher testimonials, will be shared with teachers, principals, the Chief Academic Officer, & Superintendent. If the data results show growth in student reading levelS, the district will need to analyze currently used online tools and determine if Achieve 3000 has grf:ater impact on student achievement and should be purchased for future use. Other than teachers, Achieve 3000 would not require system staff support.
How likely is funding through this proposal? High-Open Agreement o Medium-Competitive o Low-Highly Competitive o
Submitter: Vickie Smith Date: [ 0 { 2-3! l 'f I 1- ~~{'?1,/
Principal: ~ant Approved o Grant Not Approved V .A-<.h-t... ~h:= Date: ~~ '-f Chief Academic Officer: \)(.Grant Approved o Grant Not Approved ~(feZ_~ Date: ~ School Board Approval: o Grant Approved o Grant Not Approved -----------~Date: ----~
ACHIEVE~· believe
October 6, 2014
Ms. Vickie Smith
The Leader in Differentiated Instruction
Orange County School District 200E King St Hillsborough, NC 27278
Dear Ms. Vickie Smith,
I'm writing to personally congratulate you on being selected to receive our Achieve3000 Students FIRST Grant. As a grant recipient, your school district will have access to the full range of learning benefits that our differentiated online solutions provide.
For over a decade, Achieve3000 solutions- KidBiz3000, TeenBiz3000, Empower3000, and Spark3000- have provided dramatic Lexile gains for students in grades 2-12, as well as adult learners. The premise behind them is simple: we meet students one-on-one at their individual reading levels and deliver rigorous non-fiction content scientifically matched to those levels.
Looking forward to sharing much success,
Saki Dodelson CEO, Achieve3000
www.achieve3000.com 888-968-6822 [email protected] 1 985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701
ACHIEVE~· !I
believe
www.aehieve3000.com
The Leader in DlHerentiated Instruction
Students FIRST Grant Proposal Presented by Achieve3000
to Orange County School District October 6, 2014
888-968-6822 [email protected] 1985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701
ACHIEVE~· believe
The Leader in Differentiated Instruction
Table of Contents
Achieve3000: Partnering in preparation for College and Career Readiness ............................................ 4
Our Approach to One-on-One Literacy Instruction .................................................................................. 4
Section I: Benefits of Enrollment .................. · ...................................................................................... 5
Section 2: Conditions of Enrollment ....................................................... , ............................................ 6
Section 3: Enrollment Information ....................................................................................................... 7
Order Detail .......................................................................................................................................... 7
Contact Information .............................................................................................................................. 7
Section 4: Grant Acceptance Form ....................................................................................................... 8
www.achieve3000.com 888-968-6822 [email protected] i 985 Ced<>tBridge Avenue, Suite 3, Lakewood, NJ 08701
ACHIEVE:!~ The Leader in Differentiated Instruction
believe
Achieve3000: Partnering in preparation for College and Career Readiness
Achieve3000's differentiated solutions propel students towards college and career readiness. With more than a decade of proven success in increasing students' Lexile levels and providing them with the skills they need to become independent readers of complex texts, Achieve3000 can help students prepare for high stakes tests.
Our Approach to One-on-One Literacy Instruction
Our literacy solutions- KidBiz3000, TeenBiz3000, Empower3000, and Spark3000- provide differentiated instruction for.students in grades 2-12, as well to adult learners. Our time-tested approach, illustrated at right, helps raise students' Lexile levels and high stakes test scores.
The premis.e behind Achieve3000 is simple: one of the most effective ways to improve Lexile levels and to prepare students for the rigors of college and career is to meet students one-on-one at their individual reading levels. Our solutions assess students' Lexile levels on an ongoing basis, and deliver rigorous non-fiction materials that are matched to each . student's Lexile level while at the same time targeting grade level standards.
To ensure that educators intervene as appropriate, Achieve3000 keeps teachers and administrators continually informed of student progress - both towards college readiness and high stakes tests. Our Forecast Report forecasts performance on state tests. Our College Readiness report provides teachers with valuable information about students'· readiness for college and career. ·
Achieve3000's differentiated solutions are helping school districts across the nation close the gap. In a 2009-10 study, students using Achieve3000's solutions as recommended made a 92 Lexile point gain above the average expected growth; this is more than two-and-a-halftimes the expected growth. These gains were accelerated for below-level readers, the students most in need of improvement.
Please see following page for enrollment information.
www.achieve3000.com 888-968-6822 [email protected] 1985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701
ACHIEVE~· believe
The Leader in Differentiated Instruction
Section 1: Benefits of Enrollment
As an Achieve3000 Students FIRST Grant recipient you will receive:
• Student editions, including LevelSet®, an online Lexile assessment tool for initial student placement, ongoing assessment built into the daily instructional routine, and intervention in the form of daily non-fiction reading content that is precisely and scientifically matched to each student's reading ability
• Teacher editions, including Curriculum Keys for each lesson, a concept outline, an overview of vocabulary words, and links to strategy-based lesson plans that complement the daily article. Also includes Writing Center access to expose students to formal writing practice, timed writing, journal writing, graphic organizers, and revising and editing
• Administrator editions, including reporting tools, monthly eProgress Reports on program usage and student progress, delivered monthly via email, and customized implementation reports containing analysis of program use and student progress
• Parent editions including Conversation Guides containing information about the daily article, as well as Guiding Questions to help spark conversations about the text, targeted reporting to help monitor the child's progress, and parent seminars to maximize home involvement
• Initial and continuing professional development and a customized implementation plan
• A powerful reporting package th!(t provides ongoing diagnostic data on student usage and performance and enables individualized intervention arid remediation
• Forecasting State Assessment Report projects perforinance on NC Core Curriculum Content Standards based on LevelSet results, helping schools plan aggressive intervention where it is most needed
• Forecasting College and Career Readiness Report examines how prepared students will be for college and career
• Full alignment of assignment, activities and reports to NC Core Curriculum Content Standards
• Cross-curricular tools to integrate literacy across the content areas
• 2417 program access
www.achieve3000.com 888-968-6822 [email protected] 1985 Cedar Bridge AVenue, Suite 3, Lakewood, NJ 08701
ACHIEVE~' believe
The Leader in Differentiated Instruction
Section 2: Conditions of Enrollment
In order to successfully implement our differentiated literacy solutions, the administrators, principal and teachers will need to work closely with Achieve3000 to develop a comprehensive plan that aligns to each school's curriculum and instruction goals. In addition, it is critical that teachers monitor student participation and performance on an ongoing basis.
Below is a chart that breaks down the responsibilities of the District and Achieve3000.
We will: o Provide access to our solutions
anytime and anywhere so that students can constantly learn.
• Supply ongoing assessments to measure changes in each student's Lexile level and adjust content accordingly.
o Deliver professional learning sessions and services customized to support effective use of our solutions.
• Boost district-wide literacy with a cross-curricular focus. Engage parents by supplying free parent licenses.
• Offer motivational contests and celebrations to encourage student and teacher participation.
• Work with district and school leadership on targeted intervention plans and instructional strategies.
To enjoy full success, we recommend you: o Supply Achieve3000 with student, teacher and
class rosters for data upload. • Follow the implementation timeline described
above o Administer LevelSet assessments in the
timeframe set by your district. • Plan for students to complete a minimum of two
lessons weekly, with students scoring 75% or above on activities.
o Ensure attendance of participating teachers at . scheduled professional training sessions and encourage use of our Learning Center resources.
• Collaborate with your Achieve3000 representatives in interpreting data from reports to correctly identify needs.
o Use Leadership and Observation Checklists to help monitor the implementation of the program.
www.achieve3000.com 888-968-6822 [email protected] 1 985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701
ACHIEVElb. believe
The Leader in Differentiated Instruction
.
.
Section 3: Enrollmentlnformation This grant covers Achieve3000 licenses for select students at the following school:
Order Detail
Cedar Ridge High School Gravelly Hill Middle School
·Orange High School
December 2014 June 2015
Item# ·· Product • ... .. . Total ... 2014-LIT Achieve3000 Differentiated Literacy Solution package containing a
combination of:
• Platfotmaccess for 250 students and associated teachers for a single semester (per school) ·
• Leve!Set assessments
• Customized Professional Learning Services (I day per school) $31,110.00 ·.·
• Principal Awareness Session
• Access to 24/7 self-paced, on-demand resources
• hnplementation Resources • SupportServices
. .
TOTAL • $31,110.00 ACHIEVE3000 STUDENTS FIRST GRANT AWA,IID ($22,110.00) TOTAL COST~ ORANGE COUNTY SCHOOL DISTRICT $9,000.00
I have read and accept the Achieve3000 Students FIRST Grant. I understand thatthis GRANT in the amount of $22,110.00 will cover the cost of the Achieve3000 program, and that Orange County School District is responsible for the remaining balance of $9,000.00
I agree to provide release time to program instructors and teachers to attend training session(s) and to follow the recommended implementation protocols described earlier.
I am aware that this is a one-time award that will not be available in future school years.
Name ________________________ __ Title ___________ _
Signature ___________ _ Date ------------,---
Achieve3000 Commitment
Achieve3000 will ensure that students significantly improve their reading and writing skills through differentiated instruction, in accordance with the protocols described earlier.
Name ___ ~---------- Title __________ _
Signature ___________ ~ Date ________________________ _
www.ailhieve3000.com
The Completed Form and Purchase Orders can be sent to: Achieve3000
For terms and conditions, please refer to www.acllieve3000.com/terms
888-968-6822 [email protected] 1985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701
10/2812014 Achieve3000: Delivering differentiated instruction via the Net
ACHIEVE~" believe
(TillS Le.alfer in fJifferenUate.rllnstror:tion Snlutlmls for Grade K-12. ...,l ~------- -·-··------- --------------·---- ------------··-·-------~--------~---------"
Achieve3000® TERMS OF SERVICE
The following Terms of Service ("TOS") are incorporated by reference into.the order or contract under which you, a school district, public or private school or other entity ("You"), have agreed to purchase the right to permit your students, parents, teachers and school administrators ("Authorized Users") to access and utilize one or more educational services provided by Achieve3000 (each such service, "Service", and Achieve3000, ''Us" or "We").ln the event of a conflict between the order or cOntract under which Yqu have agreed to make your purchase and these TOS, the conflicting term(s) of these TOS shall prevail, unless You and We expressly state in a subsequent written documentthatYou and We intend that the conflicting terms of that document prevail over the conflicting terms of these TOS.
1. CONTENT OF YOUR PURCHASE AGREEMENT
The agreement under which You are purchasing the right to permit your Authorized Users to access and utilize particular Services ("this Agreement") consists of (a) the written order or purchase agreement in which the specific Service(s) to be provided (including .related professional development training), the school(s) to whom the Services are to-be provided, the period during which the Authorized Users shall have the right to access and utilize the identified Service(s), pricing, invoicing schedule and other implementation-specific details and terms are specified ("Your Written Order or Agreement"), (b) these TOS, and (c) the Achieve3QOO Privacy Policy, which is setforth at www.achieve3000.com/privacy. The foregoing items (a) through (c) contain the parties' entire agreement and understanding regarding our provision of the specified Service(s}to You and your Authorized Users, and supersede all prior oral and written agreements between You and Us regarding the subject ofthis·Agreement, if any. In the event that any of terms set forth in items (a) through (c) are held invalid, illegal or u~enforceable, all of the remaining terms set forth in items (a) through (c) will remain in effect.
Achieve3000 reserves the right to amend, remove or add to these TOS at any time. Please check this page periodically for any modifications. Your continued use of Services provided by Achieve3000 shall signify your acceptance of the then-currentTOS.
2. TERM OF THIS AGREEMENT
Except as provided in the following sentence and unless stated otherwise in Your Written Order or Agreement, this Agreement shall commence on August 1 of the year in which You execute Your Written Order or Agreement and conclude ·on June 30 of the following year (such period, "the Term"). The previous sentence notwithstanding, (a) when You execute Your Written Order or Agreement subsequent to August 1, the Term shall commence on such date and conclude on June 30 of the following year, and (b) the Term of all multi-school year agreements shall be as indicated in Your Written Order or Agreement.
3. DESCRIPTION OF SERVICES
The elements of each Service purchased hereunder (each a "Service Element"), and the date on which the appropriate Authorized Users may access and utilize each element are as follows:
.
Date on WhiCh the Appropriate AuthOrized Service Element User May First-Access.arld .Utilize This
Service Element
The specified ~ubscription Service(s) to lhe Kid8iz3000®, Teen8iz3000®, Thirty days before SubsCription Start Da~e Empower3000™, Goach3000®, and .Spark3000® service, including Student, (unless order date is less than thirty days before Teacher and Home edition, and standards alignment services, subscription .start date)
Level Set® Placememt Test, an online assessment which measures Students' Subscription start date reading abilities for accurate placement in the ~ontent.
Interim Test, an online asSessment which refines the data about students' reading • During December for full-year abilities partway-through the implementation period.
implementations and for partial year
implementations that span the first school
semester
• During April for partial year
implementations that span the second
school semester
..
Post Test, a final assessment of students' reading levels at the culmination of the Sixty (60) day~ prior to the Subscription End program. Date.
Online -Professional Development m·aterials for educators delivering differentiated Subscription Start Date reading instruction.
On-Site Profession~! Development sessions. As indicated in this Agreement
Online Professional Development sessions. As indicated in this Agreement
https://www .kidbiz3000.com/terms/ 1/4
10128/2014 Achieve3000: Delivering differentiated instruction via the Net
4. LICENSE GRANT
Effective as of the Service Element Activation Date applicable to each Service Element, your appropriate Authorized Users are granted a limited, non-transferable, non-sub-licensable, non-exclusive, personal, revocable in the event of breach license to access and utilize the Service Elements of each Service that You have purchased the right to access and utilize, solely for educational purposes during the Term. The term "appropriate" here means that Service Elements intended for use by students may be accessed and utilized by any Authorized User, and that Service Elements intended for use by teachers and school administrators may only be accessed and used by individuals functioning in those roles.
The foregoing notwithstanding, We will not be obligated to provide any Service to any user who has not (i) agreed to our privacy policy and (ii) agreed to comply with our end user terms of use. We reserve the right to change our privacy policy and end user terms of use at any time without prior notice.
5. RESERVATION OF RIGHTS; RESTRICTIONS ON USE; CONTENT DISCLAIMER
Every aspect of each Service, including its underlying concepts, methodologies, processes, formats, specifications, other know-how, site layout, design, images, programs, text, forms and other information (collectively its "Content"), is solely our property and the property of our licensors. You receive no rights to or interest-in any Content other than the rights conferred upon You by Section 4. All Content is protected by copyright and other intellectual property Jaws, and nothing herein grants You any ownership interest in anyContentor-ahy right with respect to any Content other than those rights expressly granted in Section 4.
a. You and your Authorized Users may not permit any third party whom _We have not provided a useriD and password to access and utilize any Service.
b. You and your Authorized Users may not copy, modify, translate, decompile, disassemble, reverse engineer Or otherwise attemptto discover the source code of any software used to provide any Service or permit any other party to do so. Content may not be merged with any other service or software, or be adapted or modified in any way by anyone.
c. You and your Authorized Users may not a} copy, reproduce, publish, distribute, modify, transfer or in anyway commercially exploit any part of the Content, b) mirror the Content on any other server,- c) create any derivative works, c) attempt to avoid, cirCumvent, or disable any security device, procedure, protocol, or mechanism that may be established with respect to the Content or d) delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed on or in the Content.
d .. You and your Authorized Users may not engage in Systematic retrieval of Content from the Services to create, compile, directly or indirectly a collection, Compilation, .database or directory of any kind without our written permission: You may not use any robots, spiders, crawlers or other automated downloading programs or devices to search any Content, harvest personal information Qr cause disruption to the Service.
e. You and your Authorized Users may print or download Content for your own personal educational use, provided You keep intact all copyright and other proprietary notices.
Achieve3000 shall have the right, but not the obligation, to remove any Content at any time.
6. CONTRIBUTIONS
During the Term, You, through your employees and agents, may contribute certain ideas, comments, criticisms, and suggestions for improvements, modifications, and other changes to the Services (including with. respect to th·eir content) (collectively, "Contributi_ons"). You agree that We may use, modify, and incorporate these Contributions as We see fit. Upon our acceptance of a Cqntribution, You and We shall be considered joint owners of the Contribution, such that either may use, modify, and exploit the Contribution withoUt obligation to the other.
7 .PAYMENT TERMS
Unless You and We agree otherwise in Your Written Order or Agreement, We may invoice You for Services and other items purchased hereunder in the case of one year agreements, on the day that you execute Your Written Order or Agreement, and in the case of multiple year agreements, on the day that you execute Your Written Order or Agreement and each anniversary thereof. Payment of the undisputed amounts set forth on each invoice shall be due within 30 days ofthe date of the invoice. Should You dispute any portion of an Invoice, You will communicate .to Us in writing the basis of your beliefthata portion·o.fthe invoice is incorrect no later than_the date on-which the invoice is to be paid in full, and shall engage with Us in good faith to resolve such dispute as expeditiously as reasonably possible. In the event that timely payment is not received, We shall have the right to deny You and Your Authorized Users access to the Services until.payment in full is received.
8.0UR GUARANTEE
We will refund all payments received on a prorated basis for any Service provided hereunder:other than fe.es received for Professiohal Development training, waive our right to future payment and consider this Agreement revoked if, after You :have provid~d Us the data described in Section 9 and the teacher of each class of students utilizing the Service(s} has completed the preparation· described in Section 10, the Service(s) is/are not accessible and useable by all Of Your Authorized Users for extended periods of time.
9. STUDENT DATA
In ·Order to enable Us to provide the Services, You shall provide Us the following data in electronic form (in .CSV comma separated values or .XLS Excel format) regarding each student whO Will utilize each Service::name ofth8 Student'S school, studerit ID number; student first name, student fast name and :student grade level. Alte.rnatively, you. can uplo8d the data yourself. Visit our Learning Center at www;achieye3000.com/learningcenter for secure data upload instruptions.
At your reqUest We will also accept, and include in our reports to teaChers and administrators, the following additional student data: class code or_ room number, race/ethni~ity, socioeconomic statUs> disability, and other information. ·we will only· use Student Data in a mann.er that complies with -our Privacy 'Policy (which is setforth.atwww.achieve3000.com/privacy). You will treat Our staff as .authorized school recipients of education records under the Family Educational Rights and Privacy Act (FERPA).
111. TEACHER AND ADMINISTRATOR PREPARATION
You will require the teacher of eaCh 'Class of students utilizing any Service to be familiar with its use-before the teacher permits students, parents
https://www.kidbiz3000.com/terms/ 214
10/2812014 Achieve3000: Delivering differentiated instruction via the Net
and administrators to access and utilize the Services.
Implementation planning and initial training ProfessiOnal Development sessions, whether online or on~site, must be completed no later than sixty (60) days after the Subscription Start Date. All subsequent Professional Development sessions purchased hereunder, whether online or on-site, must be completed before the end ofthe period indicated in Your Written Order or Ag'reement, failing which your right to have Us provide any such session(s) shall not roll over to a subsequent period and You will not be entitled to a refund. All Professional Development sessions, whether online or on-site, not scheduled within the appropriate time frame as described in this paragraph shall be treated as having been provided by Us. Confirmed Professional Development sessions may be postponed and rescheduled without charge only upon 48 hours prior notice. Professional Development sessions canceled or postponed on less than 48 hours notice shall be treated as having been provided by Us.
'i"i. INVALID LEVELSET® ASSESSMENTS
All invalid Level Set assessments are excluded from reports and portfolios.
12. EMAIL COMMUNICATIONS
You hereby authorize Us to send electronic mail to your teachers and school administrators for the purposes of:
a. delivering professional development materials to your teachers and administrators; and b. advising You of changes or additions to our Services, or about any of our Services.
If You do not want your teachers and/or school administrators to receive such emails, please notify Us [email protected].
13. SERVICE RELIABILITY
We seek to have our Services available·twenty-four (24) hours a day, seven (7) days a week, and to maintain all saved information. However, technical failures, acts of God and routine maintenance may render our Service unavailable at times, and/or may result in the loss of information. We shall not be liable to You or ahyone else fat any loss of information ·or for the non-availability of any Service; unless such loss of information or non-availability of a Service has resulted from our gross negligence.
14. USER CONDUCT
You agree that our End User Terms of-Use set forth at Www .achieve·aooo.com/terms/use are· reasonable -and appropriate, and shall undertake reasonable measures to assist Us in:enforcing those terms of Use. Derogatory, harmful· or unlawful conduct is nrit permitted on any Services. Your Authorized· Users are not permitted-to upload, distribute· through, or otherwise publish any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable thatwould constitute or encpurage a criminal offense, violate the rights of any party or otherwise· violate any law.
15. TERMINATION
a. You-or We may terminate this Agreement immediately for default ifthe other party fails to cure all material defaults in its petformance within (1 0) days ofits receipt of written notice of its default(s) from the other party.
b. Immediately upon the termination or expiration of any of Your Written Order or Agreement You 8nd Your Authorized USerS shall immediately cease use of all Service(s) purchased under that order or agreement. Should any Written Order _or Agreement be terminated prior to its natural expiration, You_shall pay US: all amounts owed for Services prOvided to You and Your Authorized Users Under that order or agreement up to the effective -date of such-termination.
15. CHANGES TO SERVICES
We are constantly innovating in order to provide the best possible instructional solutions to for our customers' Authorized Users. You acknowledge and agree that the form and nature _ofthe Services may chan-ge from time to time without prior notice to You. You further acknowledge that We may stop (permanently or temporarily) providing any features or may add new -features within any Service -at our sole discretion without prior notice to You.
17. LINKS TO OTHER SITES
Our Services may contain hyperlinks to other sites or resources that are- provided sole-ly for the-convenience and inform8tiorl·ofyour AUthorized Users. We are not responsible for the availability of external sites or resources linked, and do not endorse·and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. We make no representations as to the quality, suitability, functionality or legality of any sites to which liilks may be provided._ AcCordingly, You shoul~ reView-the termS and conditions and privacy policies of each linked site as its policies may: differ from ours. lfyourAuthorized. Users decide to access linked third-party content-and sites, they do so at their own risk.
18. CONFIDENTIALITY
Each party agrees to-secure and _protect the Confidential Information of the other in a ·manner co.nsistent with the mainte,na_nce of the other party's rights therein, using at least as great a degree of care as it uses to maintain the co-nfidentiality of its own co.rifidential information of a -similar nature, but in no event less than reasonable efforts. EaCh party agrees to hold the Confidential Information of the other party in confidence, not to disclose itto others or use it in any way, commercially or otherwise, except as authorized in writing by Client or in performance of its obligations under this Order.
Notwithstanding Achieve3000's Privacy-Policy, Confidential Information of_a party shall not include information which:-(i) is, as of the time pfits· disclosure or thereafter becomes part of the publiC domain thrOugh a source other than lhe receiving party; (ii) was rightfully known to the receiving party as ofthe time-of its disclosure; (iii):is independently .developed by the receiving party; (iv) is subsequently learned from a third party not under a confidentiality obligation to the disclosing party;· or (v) is required to be dis-closed pursuantto _a duly authorized subpoena, court order, or government authority, whereupon-the -party subject :to same shall provide prompt written notice to the ·other party prior to such disclosure, so that such party may Seek a proteCtive order or other appro'Priate remedY.
https://www .kidbiz3000.com/terms/ 3/4
10/2812014 Achieve3000: Delivering differentiated instruction via the Net
1!!. WARRANTIES AND DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
a. We warrant that We have the full authority to grant the rights granted to You herein. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO ANY SERVICE PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR UTILITY OF CONTENT, EFFECTIVENESS OF ANY SERVICE IN IMPROVING ANY STUDENT SKILL OR CAPABILITY, OR NON INFRINGEMENT, AND ANY WARRANTY THAT ANY SERVICE WILL BE AVAILABLE AT ALL TIMES OR WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, EACH SERVICE IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND YOU UNDERSTAND THAT YOU ASSUME ALL RISKS OFTHE SERVICE'S USE, QUALITY, AND PERFORMANCE.
b. IN NO EVENT SHALL EITHER YOU OR WE, INCLUDING EITHER OF OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER YOU OR US OR ANY THIRD PARTY, EVEN IF YOU OR WE, AS THE CASE MAY BE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY INJURY THATMAYBEATIRIBUTED TO THE CONTENT OF COMMUNICATIONS TRANSMITIED BY MEANS OF A SERVICE BY ANY PERSON OTHER THAN OUR EMPLOYEES OR AGENTS. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT OF FEES YOU PAID HEREUNDER DURING THE TERM OF THE ORDER. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE AND OTHER TORTS. In no event shall We, including our directors, officers, employees, representatives, agents and our licensors be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connec;tion with-the use of or reliance on any Content or ;;my Service;
c. FURTHER, IN NO EVENT SHALL WE, INCLUDING ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR LICENSORS BE RESPONSIBLE' OR LIAEiLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SERVICE OR CONTENT PROVIDED HEREUNDER TO YOU OR TO ANY AUTHORIZED USER
d. We agree to indemnify and defend You·and your employees and agents from. and against any action, claim, demand, or liability, including reasonable attorney's fees and costs, arisin_g from or relating to a claim that a Service provided to You hereunder infringes upon the copyright of a third party.lf any such Service is held to infringe, or if in our opinion, such a claim is likely to occur, We may, at our sole option and expenSe, either: (i) procure for You and your Authorized Users the right to continue using the Service in question; or (ii) replace or modify the infringing Service Elements so that they become non~infringing as long as functionality is not materially and adverse_ly affected.lfneither alternative (i) nor (ii) is reasonably available, then We may terminate the license·to access and utilize ~he alleg_edl_y the infringing Service and We shall return Client's advance payment(s) for unconsumed Services. This Section 19(d) states our entire liability and obligation, and your exclusive remedy, for infringement.
20.GENERAL
Nothing in this Agreement shall cause the relationship between You and -Us to be anything other than that of independent contractors. None of your B.nd our actions under this Agreement.shall be joint, and You and We have not formed, and shall not form, a joint venture to perform either of our obligations hereunder. The failure of either party to require performance of any part of this TOS shall not be deemed a waiver of any present or future right. Modifications of this Agreement.shall be binding only if in writing and signed by an authorized representative of both You and Us. The rights and obligations of each party established herein are intended for the sole use and benefit of each of the parties and no one else. Accordingly, this TOS confers no rights upon any third party. Except for payment obligations, neither party shall be responsible for any delay or fail.ure in performance to the extent such ·delay or failure is caused by causes b_eyond a Party's reasonable control. You may not assign this Agreement without our prior written consent, and any attempted assignment of this Agreement without such consent shall be null and void; We may as·sign this .Agreement to .aliy entity that purchases all Or substa_ntially all of our assets or that Obtains _contrOl of Us by purchase, merger or other means. All notices, includi(lg notices of address changes, requir~d to be sent hereunder shall be in writing and shaH be deemed to have been given wheri mailed by registered or certified :mail, postage ·prepaid to You at the address set forth in Your Written Order or Agreement, and to Us atAchieve3000, Inc., 1985 Cedar Bridge Ave, Lakewooa NJ 08701, Attn: Chief Executive Officer, or to You or Us at such other address_as You or We may designate in writing from time to time. The following Sections shall survive the termination or expiration ofthis Agreement 1, 5-7, 15(b)and 18-20.
This Agreerrienfshall be governed by and construed in accordance With the substantive laws of the State of New Jersey, USA, ·witholJt regard to its principles of conflict of laws. Achieve3000 and-Client each agree that sole and exclusive jurisdiction and venue for any action or litigation relating to this TOS shall reside with a federal or state court located in the State of New Jersey.
