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YOU MUST READ THESE TRIAND, INC. (TRIAND) WEBSITE TERMS OF USE (TERMS) CAREFULLY. The services that Triand provides to you are subject to the following TERMS. Triand reserves the right to update the TERMS at any time without notice. Triand provides this website to you or your employees. These TERMS are entered into by and between Triand and you, and you accept them by: (a) placing an order through the website; (b) using the website in any other manner; and/or (c) acknowledging agreement with these TERMS. If you do not agree with these TERMS, you must DECLINE and may not use this service. Your registration for, or use of, the website (Website) shall be deemed to be your agreement to abide by these TERMS.
This Website includes without limitation: a) Internet Instructional Management and Monitoring System with shareable scope and sequence and internet lesson plan system in all subject matter areas. b) Assessment Data Reporting, including standardized test data analysis system from the district to campus to classroom level; c) National Transcript Center with student transcripts including demographic information, longitudinal data, interventions and special programs, course history and current schedule as loaded and maintained by the district, d) Internet Administrative Editing System for adding local district information and web links to the Triand database and creating an Internet curriculum database; e) Integrated benchmark testing and reporting tied back to the student expectation; and f) TPRI/Tejas LEE on-line data management. The Website includes other services (Services), such as communication forums, product and support information. The Website and Services including any updates, enhancements, new features and/or the addition of any new Web properties are subject to the TERMS.
Triand grants to you a non-exclusive, non-transferable license to use and display information, documents, products and software (the Content) contained in or made available through the Website solely for your own internal business purposes. All rights not expressly granted herein by Triand to you are reserved by Triand and/or its licensors. You are permitted to store, manipulate, reformat, print, and display the Content only for your internal use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license to any third party. You shall not create Internet links to the Service without prior written permission from Triand. You shall not frame or mirror any Content contained on, or accessible from, the Website on any other server or internet-based device. For your convenience, Triand may make available as part of the Services or on its Website, tools and utilities for use and/or download. Triand does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
In consideration for use of the Website, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by the registration form on the Website; (b) maintain the security of your password and identification; (c) accept all risk of unauthorized access to information and registration data. You are solely responsible for any and all activities that occur under your account and ensuring that you log-off from your account at the end of each session of use. You shall notify Triand immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Triand and its licensors are not responsible for any: (a) unauthorized access to, or alteration of, your transmissions or data, or any material, information or data sent or received regardless of whether the data is actually received by Triand; (b) any transactions entered into through the Website; or (c) any failure by you to abide by these TERMS. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Triand or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyones intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Triand reserves the right to edit or remove Content that violates these TERMS. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with the Website. You also agree not to use the Service or information from the Website to: (a) send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplication or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; and (c) transmit through or post on the Website unlawful, immoral, libelous, abusive, harassing tortuous, defamatory, threatening, harmful, invasive of anothers privacy, vulgar, obscene or otherwise objectionable.
Except for the licenses granted herein, you have not right, title or interest in Triand, the Website, Services, or any Content of Triand or its licensors, including, but not limited to documentation, stories, articles, text, images, and/or any other now known or yet to be known multimedia data and all such right, title and interest shall remain exclusively with Triand and its licensors, as applicable. Triand and/or other Triand products and services referenced herein are either trademarks or registered trademarks. The names of other companies and products mentioned herein may be the trademarks of their respective owners. All content on the Triand Website, unless specifically noted is: Copyright 2001-2005, Triand, Inc. All rights reserved. Triand and the Triand logo are servicemarks of Triand, Inc. You are not permitted to use any trademark, servicemark, copyrighted material or logos without the prior written consent of Triand.
You shall indemnify and hold Triand, its licensors and each such partys parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with any unauthorized or improper use of the Website, Service or Content or any breach of this agreement by you. Triand shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with your proper and authorized use of the Website, Service or Content.
IN NO EVENT SHALL EITHER PARTYS AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTYS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTYS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 3) IS PROVIDED ON AN AS IS AS AVAILABLE AND WITH ALL FAULTS BASIS. TRIAND DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE O, OR NONINFRINGEMENT. TRIAND MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AT TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. TRIAND MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
The TERMS constitute the entire agreement between you and Triand relating to the subject matter, and cancel and supersede any prior version of the TERMS. No modification to the TERMS will be binding, unless in writing and signed by an authorized Triand representative. You must not assign or otherwise transfer the TERMS or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Triand or third-party products or services. Rights and obligations under the TERMS which by their nature should survive will remain in full effect after termination or expiration of the TERMS. Texas law and controlling U.S. federal law govern any action related to the TERMS and/or your use of the Website, Service or Content. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sales of Goods will not apply to any dispute under the TERMS. You and Triand agree to submit to the personal exclusive jurisdiction of the courts located within Travis County, Texas, U.S.A. Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by the U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
Under a special agreement with NCS Pearson, Triand, Inc. has been authorized via license to distribute, the Scan Tools® software applications free of charge to school districts that are current Triand customers and operate Pearson NCS Optical Mark Reader (OMR) scanners. In accordance with this agreement, all Triand scanning solution customers hereby agree to read and comply with the following limited terms of use and conditions. Users may not provide or disclose the software files to any third party. Users must maintain the software files in confidence. Users must not reverse engineer or otherwise attempt to create source code from the files' object code. Users must use the files on only one CPU and may make only one copy for backup purposes. Users may not transfer the license to any third party without specific expressed permission.
Triand, Inc. offers school districts the ability to send student academic records to other districts or post-secondary institutions in a secure, encrypted environment. The environment is compliant with FERPA, HIPAA, and COPPA federal laws and allows district authorized personnel to certify and send transcripts for students moving to other schools or upon completion of high school education to college or university.
In general, district to district transfers are governed by two restrictions:
a. Only Triand districts or authorized Triand users of non-participating
districts can request a transcript.
b. Only Triand districts can authorize viewing of transcripts.
For transfer from one district to another, there are two scenarios:
Transcripts may only be electronically sent to colleges by participating Triand districts. These districts may send to post secondary institutions automatically or manually in three different formats.
Automatic transfer is the process in which the district is a Triand district and utilizes the parent portal. In the parent portal, the parent may request that a transcript be sent to a specific college or university. An authorized user in the district will then approve the transfer and the transcript will be sent via EDI, XML, or consumable format (mailed printed hardcopy, or electronic copy via secure email). Parents and district receive an email confirmation of transcript transfer.
Manual transfer is the process in which the district is a Triand district and is not utilizing the parent portal. In this process, the district personnel receive the request from the parent and follow the same process as above. Districts would receive confirmation of transcript transfer.