NWEA Platform Terms of Use

NWEA, a division of Houghton Mifflin Harcourt Publishing Company (“NWEA,” “we” or “us”) provides online educational assessments and related services to support teachers of students in grades K-12 via the NWEA platform (the “NWEA Platform” or the “Platform”). The websites for the NWEA Platform:

• Provides authorized educational institutions and their district and school administrators and teachers with password-protected access to educational assessments for use in tandem with their curricula;
• Permits educational institutions to give their students password-protected access and other access to educational assessments for use in connection with their studies; and
• Provides general content and informational services to visitors to our sites who are interested in learning more about the NWEA Platform.

PLEASE READ THESE TERMS CAREFULLY.

BY BROWSING OUR GENERAL INFORMATION AND ACCESSING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE NWEA PLATFORM THAT LINK TO THESE TERMS.

1. Navigating our Terms. To assist you in understanding our Terms, we have divided these Terms into numbered sections, and provide a set of definitions to allow easy reference to key concepts. See Section 9 (Definitions).
2. Password Protected Pages and Open Pages. Each website that hosts the NWEA Platform (“Platform Website“) is divided into two areas: (i) a password-protected area that provides access to the Assessment Products that is designed to be available only to Platform Users who hold requisite passwords for their use (“Password Protected Pages“); and (ii) an open area, that provides General Information and certain Assessment Products to users without password requirements (“Open Pages“).
3. Relationship with Your School. NWEA enters into relationships with Schools and other Educators, whereby NWEA agrees to provide their Administrators, Teachers, Students and other associated individuals with access to its Platform. These Terms address such access.
4. Use of Our Platform.
   1. Student Platform Users; School’s Registration Responsibilities. Educators select the Students (and, where applicable, the parents or legal guardians) who will have access to the NWEA Platform and the associated School-Designated Educational Content. The School and its Administrators/Teachers are responsible for registering Students.
   2. School-Designated Educational Assessment Products. Educators select the Assessment Products and NWEA Platform features (where applicable) that will be available for their classrooms (“School-Designated Educational Assessment Products“). We then provide this School-Designated Assessment Products in accordance with these Terms.
   3. School Code of Conduct. The School is responsible for the conduct of its Students in connection our NWEA Platform. We encourage Schools and Teachers to apply appropriate codes of conduct to student activities in this regard.
   4. Nature of NWEA Platform; Innovation. We describe the features and functions of our NWEA Platform in help-screens, via Technical Support, and other materials (collectively, “Documentation“). We seek to provide innovative and useful online learning experiences for Educators and Students. Toward this end, we might choose in our discretion to alter the methods that deliver School-Designated Assessment Products (“Assessment-Delivery Mechanisms“). We may revise our Documentation to describe updates to our Assessment-Delivery Mechanisms, either before we release the update or within a reasonable time after release.
   5. Use of Passwords. Once registered, you will receive or otherwise have the opportunity to create a user name and password (your “Password“). The Platform Website at issue will guide you as to requirements concerning the needed “strength” of this Password. Your Password gives you access to Password Protected Pages (the extent of this access may be set by your School-assigned role), and to our Assessment Products. Please keep in mind that we will treat anyone who uses your Password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your Password. Therefore, we recommend that you maintain your Password in confidence, and that you notify us immediately if you suspect that someone else is using your Password. If you forget your password: (i) Educators should contact Technical Support for assistance in recovering the password, and (ii) Students should contact their Teacher or Administrator for password recovery support.
5. Technical Support. We offer certain technical support for our NWEA Platform, to Educators and Students. This support can be obtained by contacting us as provided below (“Technical Support“). If you have questions concerning the hours when Technical Support is available, or other terms applicable to Technical Support, please feel free to ask our Technical Support personnel.
   
   Call Us.
   
   Domestic: 877.469.3287
   
   International: 855.271.7775
   
   To submit a help request, or chat with an agent, go to
   https://connection.nwea.org/s/support?language=en_US
   
   
6. Intellectual Property Rights.
   1. NWEA Ownership of Platform Websites and General Information; Grant of Rights to Site Visitors. The NWEA Platform and the Assessment Products embody intellectual property rights owned by NWEA (or its licensors) including, where applicable, rights under patent law, copyright law, trade secret law, and trademark law (“NWEA Intellectual Property“). Subject to your compliance with these Terms, NWEA grants (i) Site Visitors and Platform Users a non-exclusive license to access and use the Open Pages for educational purposes, and (ii) Platform Users a non-exclusive license to access and use (a) the NWEA Platform selected by your School, and (b) associated School-Designated Assessment Products. Such use shall be limited to those features and functions specified in applicable Documentation, and you agree not to duplicate, publish, display, distribute, modify, or create derivative works of any NWEA Platform or Assessment Products unless expressly permitted, as indicated in the Documentation or other applicable information materials or NWEA contract terms concerning the Content.
   2. Ownership of User Content. Where applicable, certain features of the NWEA Platform (where applicable, “Interactive Features“) provide Educators and Students the ability to create, upload or post User Content. We do not claim ownership in User Content. We expect each user of our Platform to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of users from claims of intellectual property infringement and other claims or threats. Toward these ends, we reserve the right in our sole discretion (i) to monitor your use of the Platform, and your User Content, (ii) to restrict or foreclose access to certain areas of the Platform or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. To the extent User Content constitutes (in whole or in part) a Student Record, such Student Record shall be the property of and under the control of the School. For so long as a Student is a Platform User, the Student can obtain a copy of his/her User Content by using the download feature available through the Platform, or if such features are not available, by contacting us in accordance with Section 10 (Contact Us).
   3. Limited Operations Use. Although we hold no ownership rights in your User Content, as provided in Section 6.2 (Ownership of User Content), in order to provide to you (and your Teachers, Students, and your associated School) the Interactive Features that permit creation and use of that User Content, the Platform must necessarily use and distribute that User Content and you agree to permit us and grant such required operations use.
   4. Contact for Alleged Copyright Infringement. NWEA respects the intellectual property rights of others and requires that its users do the same. If you believe that content available on a Platform Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“) to respond to such concerns, as follows:
      
      Houghton Mifflin Harcourt Publishing Company 125 High Street, Boston, MA
      02110 Attn: Legal Department – Copyrights and/or send an email to
      copyright@hmhco.com.
      
      
7. Submission of Feedback. If you choose to provide us with feedback or ideas on our Platform or Assessment Products, (collectively, “Feedback “) you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for the Feedback; and (ii) we will be free to use and exploit such Feedback in our discretion and without compensation or obligation to you.
8. Protection of Student Personal Information. Please see our Privacy Policy for information about (i) our practices related to collection, use and deletion of Personal Information, including how Students or their parents/legal guardians can access, review, and update Personal Information, (ii) the security measures we have in place designed to safeguard Student Education Records, including employee training, (iii) our procedures for responding to a security breach, and (iv) how we work with Schools to comply with the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”). See our Privacy Policy.
9. Definitions. For your ease of use, the following is a list of defined terms, as used above.
   1. “Administrator” means a School official, IT personnel, or other non-Teacher personnel who holds authorized access to the NWEA Platform.
   2. “Assessment Products” means the assessment, reporting, and administration systems provided by HMH’s NWEA division, including but not limited to (i) MAP® Growth or (ii) MAP® Reading Fluency, or (iii) interim or summative assessments. Assessment Products, as used herein, excludes Customer’s operating environment and any other systems not directly provided by HMH or within HMH’s control.
   3. “Documentation” means technical descriptions of the features and functions of a NWEA Platform, as further defined in Section 4.4 (Nature of NWEA Platform; Innovation).
   4. “Educators” means (i) Schools, (ii) Administrators, and (iii) Teachers.
   5. “General Information” means information and associated informational services, made available via a Platform Website, that describe or illustrate NWEA’s Assessment Products.
   6. “HMH” means Houghton Mifflin Harcourt Publishing Company
   7. “HMH Intellectual Property” means intellectual property rights owned by HMH, including its NWEA division (or its licensors) that are embodied in the NWEA Platform, the Assessment Products, the Platform Websites, and the General Information including, where applicable, rights under patent law, copyright law, trade secret law, and trademark law.
   8. “Interactive Features” means those features of the NWEA Platform that allow a Platform User to upload, post, or create User Content.
   9. “NWEA” means the assets and business of, used by or relating to the NWEA division of HMH or provided specifically under the NWEA brand identity.
   10. “NWEA Platform” or “Platform” means the NWEA platform including the Assessment Products available on that Platform.
   11. “Open Pages” means those pages of the NWEA Platform Website that are made available without password requirements.
   12. “Password-Protected Pages” means those pages of a Platform Website that are made available only to users with requisite password credentials.
   13. “Platform Users” means (i) Schools; (ii) Administrators; (iii) Teachers; and (iv) Students.
   14. “Platform Website” means a website that hosts the NWEA Platform.
   15. “School” means (i) an educational institution in a contractual relationship with NWEA regarding the NWEA Platform; and (ii) home schooling parents, tutoring centers and other formal and informal learning programs that similarly have entered into a contractual relationship with NWEA regarding the NWEA Platform.
   16. “School-Designated Assessment Products” means the Assessment Products acquired by a School for use in tandem with its curricula, via the NWEA Platform at issue.
   17. “Site Visitors” means visitors viewing or interacting with a Website Platform’s Open Pages.
   18. “Student” means an individual receiving educational instruction via the NWEA Platform. The term “student” includes individuals within the K–12 age group.
   19. “Student Education Records” means personally identifiable information of Customer’s students as defined by FERPA and any applicable state law.
   20. “Teachers” means those teachers of a School who hold authorized access to Assessment Products via the NWEA Platform.
   21. “Technical Support” means the support we provide for our NWEA Platform, as further described in Section 5 (Technical Support).
   22. “Terms” means these Terms of Use for the NWEA Platform.
   23. “User Content” means information, assignments or other school-related materials a Platform User submits to the Platform. By way of clarifying example, the term “User Content” does not include statistical information, analytics, or other anonymized data relating to use of the NWEA Platform, nor does the term User Content include HMH Intellectual Property.
   24. “We” or “Us” means NWEA, a division of Houghton Mifflin Harcourt Publishing Company.
   25. “You” means a Site visitor or Platform User.
10. Contact Us.
    
    You may contact us with questions concerning these Terms.