Good Form: Student Fitness Terms and Conditions
Good Form: Student Fitness is a web app that allows the User to quickly enter fitness test data required by the State Department of Education. The Teacher dashboard shows analytics on how students are performing on each test, and can print individual student reports. The Administrator dashboard allows users to aggregate results and print out a report for submitting to the State.
Non-Commercial Use Limitation
Unless otherwise specified, the Service is for a User’s non-commercial, educational use for independent study or use in education programs and settings. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service for any commercial use.
Use of Good Form outside educational programs and settings of the Subscriber requires express written permission of the Company. Use for any other purpose is expressly prohibited.
Additionally, the design and layout of the Good Form Web site is protected by trade dress, trademark, unfair competition, copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company Web site may be copied or retransmitted unless expressly permitted in writing by Company.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUBSCRIBERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUBSCRIBERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) OF THE SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
Notice Specific to Software Available on This Website
Any software that is made available from the Services including, without limitation, the Good Form: Student Fitness software (“Software”) is protected by copyright. Any reproduction or redistribution of the Software is expressly prohibited.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PLEASE NOTE THAT THE GOOD FORM: STUDENT FITNESS SOFTWARE, AND ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRETS, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS RELATED THERETO (COLLECTIVELY, THE “IP”) ARE LICENSED BY COMPANY FROM THE STATE OF CONNECTICUT PURSUANT TO THE TERMS OF A LICENSE AGREEMENT FOR COMPANY’S EXCLUSIVE USE. THEREFORE, YOU AGREE THAT YOU DO NOT HAVE ANY RECOURSE AGAINST COMPANY WITH RESPECT TO THE OWNERSHIP OF THE IP, YOUR USE OR COMPANY’S USE OF THE IP, COMPANY’S LICENSING OF THE IP FROM STUDIO 111, OR THE INFRINGEMENT OF ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS AS A RESULT OF THE USE OR LICENSING OF THE IP.
Member Account, Password, Security and Access by Minors
Use of Good Form: Student Fitness requires an account (“Account”) and uses Google Authentication. In order to open an Account, the district or school must complete a registration process by contacting Studio 111. You are entirely responsible for maintaining the confidentiality of your Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Company immediately of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your Account or password. You may not use anyone else’s Account at any time, without the permission of the account holder.
Usage of Good Form: Student Fitness by Students
Good Form: Student Fitness provided by the Company is for use by education administrators or adults that have an Account. Students may not use such Account or open an Account.
If you are accessing Good Form: Student Fitness on behalf of a school or school district, the following applies:
- You will only grant access to staff members who are current employees of your school or school district. Upon termination of a staff member’s employment with you, you will require such individual to return and cease using all access credentials he or she has in his or her possession. If at any time you learn a User of Good Form: Student Fitness claims to be affiliated with your school or school district who is not, in fact, affiliated with your school or school district, you will notify Studio 111 immediately.
We reserve the right to modify the privacy statement set forth in these Terms and Conditions at any time, so please review it frequently. If we make material changes to how we use your personal information or the personal information collected from children under age 13 for which you have provided Consent, we will (i) notify you, by email or by means of notice on our homepage, and (ii) notify parents who have provided consent by email in order to obtain additional parental consent for the new uses of the child’s personal information.
Internet Privacy & Security
Information Collection & Use of your Personal Information
Good Form: Student Fitness collects and analyzes data on how the Service is used in the aggregate (how groups of people use Good Form) for the purpose of improving and enhancing the Service. Good Form does not analyze information on how particular individuals use the Service as part of general reporting procedures or in the usual course of business. However, information on individual usage of the Service, including but not limited to individual email addresses, may be analyzed on a case-specific basis to resolve a technical difficulty or to assist in resolving or investigating any misuse of the Service; also, such individual usage information may be furnished to your school if your school requests such information to assist in the investigation of fraudulent, abusive, or criminal activity or any other use of Good Form: Student Fitness that violates your school’s rules or policies.
We reserve the right to disclose identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Company.
Your Responsibility Regarding Use of the Service
It is your responsibility not to disclose your login credentials to anyone. It is your responsibility to use this Service only for the purpose in which it was intended. Any use of the Service not in accordance with the intended purpose is prohibited.
User Generated Content
Good Form: Student Fitness does not control the content, information or files created in the Software. You understand and agree that Good Form has no obligation to monitor discussion, feedback boards or other user generated content. You also agree and understand that Subscribers may choose to restrict or monitor your access to discussion and feedback boards for any reason and you agree to bound by any such restrictions or monitoring.
Both Good Form and Subscriber reserve the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Good Form’s sole discretion are objectionable or in violation of these terms and conditions.
Good Form: Student Fitness is not responsible for any personal information you choose to share within your profile.
Updating, Correcting or Deleting Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire the Service, you may correct, update, or delete it by emailing our Customer Support at email@example.com. We will respond your access request within 30 days.
We will retain your information for as long as your Account is active or as needed to provide you, the Service. If you wish to cancel your Account or request that we no longer use your information to provide you the Service contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Links to Other Sites
If you click on a link to a third-party site, you will leave goodformfitness.com and be redirected to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as goodformfitness.com. We encourage you to review the privacy statements of any other service provider from whom you request services. If you visit a third-party website that is linked to the goodformfitness.com site, you should read that site’s privacy statement before providing any personally identifiable information.
No Unlawful or Prohibited Use
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Company server or to any of the Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
The Agreement shall be governed by and shall be construed in accordance with the laws of the State of Connecticut. Any dispute, controversy or other claim arising out of the Agreement shall be arbitrated or tried in Hartford County, Connecticut.