Terms of Use
Terms of Service
These terms apply to Video Assessment Tools, an online video-based assessment platform and service, and you, a customer of Video Assessment Tools.
Welcome and thank you for using Video Assessment Tools! Please read these Terms carefully. By using Video Assessment Tools or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement.
Video Assessment Tools (“Video Assessment Tools” or the “Service”) is an online video-based assessment platform designed for speech-language pathologists offered through the URL www.videoassessmenttools.com (we’ll refer to it as the “Website”).
Video Assessment Tools allows you to administer speech and language tests and score online protocols (your “Tests”), and manage assessment protocols (your “Protocol” or “Protocols”).
Video Assessment Tools is owned and operated by Hill Consulting Services, LLC (Lavi Institute dba), a California limited liability corporation (“Video Assessment Tools,” “we,” or “us”).
Video Assessment Tools has employees (“our Team”).
As a customer of the Service or a representative of an organization that’s a customer of the Service, you (“you” or “your”) are a “User” according to this agreement.
These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use Video Assessment Tools, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.
Account Eligibility
Adults agreeing to these terms may use Video Assessment Tools. You represent and warrant (legally promise) that:
-you are at least 18 years of age or the applicable age of majority in your geographic area;
-you possess the legal right and ability to enter into this Agreement and open an Account on your behalf or the organization you represent;
-you posses relevant professional credential and/or license and/or graduate degree as directed in each test manual to administer Video Assessment Tools tests
-you agree to the Terms; and
-you provided a valid email address and any other information required by us during the registration process;
-you won’t use Video Assessment Tools in a way that violates any laws or regulations.
-you posses written parental permission or written student permission to administer our tests
-Video Assessment Tools may refuse service, close accounts of any users, and change eligibility requirements at any time.
Term
You and/or your organization agree to these terms when you sign up and continue to use Video Assessment Tools.
The Term begins when you sign up for Video Assessment Tools and continues as long as you use the Service and/or maintain an Account. During signup, you must explicitly consent to these terms and our Privacy Policy by entering and submitting your name and email address.
Closing Your Account
You can close your account at any time for any reason, and we can too.
When your account is closed, all your information will be permanently deleted.
You or Video Assessment Tools may terminate this Agreement at any time and for any reason by giving written notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly/or annual prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms.
If you have a free Individual Account and don’t log in for 6 or more months, we may treat your Account as “inactive” and permanently delete the Account and all the data associated with it.
Once terminated, we will make reasonable commercial efforts to permanently delete your account and all the data associated with it, including your Tests and Protocols from our Website. While this information may be temporarily retained in residual backups, we cannot recover your data once you have closed your account.
You are solely responsible for properly closing your Account by deleting your user account at any time at the bottom of the My Account page, which will also automatically delete all your data, and cancel any paid subscriptions.
Changes
If we need to change or update these Terms, we’ll let you know in writing, since they will immediately apply to your use of Video Assessment Tools.
We may change any of the Terms by posting revised Terms of Service on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Video Assessment Tools. We may change the Website, the Service, or any features of the Service at any time.
Username and Password
You are responsible for your username and password—do not share or lose them!
You’re responsible for keeping your account username and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.
We don’t have access to your current password. You can change your password at any time under account settings. If you have forgotten your password, you can use the “forgot password” option on the login page to reset your password. If you have forgotten the email address you used to sign up, we will do our best to help, but cannot change the email address of an account or otherwise change access to an account.
Payment
Monthly and Annual Plans. You pay monthly or annually for the use of Video Assessment Tools. Our charges for monthly/annual plans are posted on the pricing page of our Website and may be changed from time to time. You will be notified by email if the pricing changes.
Credit Cards
You must provide a valid credit card to use paid features of Video Assessment Tools.
As long as you’re a User or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or annual charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
If we’re unable to process your credit card order, we’ll try to contact you by email. If we still cannot process your order, the platform will limit access to the tests, but will not delete your account, Tests or Protocols. You will then need to upgrade with a valid credit card to restore access to paid features.
Security
We do not store any whole credit card numbers or payment information, and instead, these are processed through a third party processor (authorize.net). By utilizing this payment processor to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Trials
We offer trials to help you decide if Video Assessment Tools is right for you. Trials do not require credit cards and you can cancel if you are not interested.
Refunds
Refunds are not available under most circumstances. That is why we offer free trials!
We’ll give you a refund if we stop providing our Service to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances unless we determine that good cause exists.
Access to Tests and Protocols
Video Assessment Tools provides generous unlimited usage of Tests and Protocols for the duration of active membership.
Rights
Our Rights
We own Video Assessment Tools, including images, texts, designs, and graphics of the Website and Service, so don’t copy it!
You will respect our proprietary rights in the Website, Tests and Protocols used to provide Video Assessment Tools. Proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, and copyrights.
You may not:
-Market, distribute, sublicense, publicly display, sell, assign, pledge, lease, rent, time share, transfer or in any way encumber, commercially exploit, or otherwise make available to any third party the Website or Services, except as specifically allowed through a referral, affiliate or reseller agreement approved by Video Assessment Tools;
-Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Website or Services for any reason;
-Modify or create derivative works of the Website or Services;
-Interfere with or disrupt the integrity or performance of the Website or Services;
-Attempt to gain unauthorized access to the Website or Services or their related systems or networks; or
-Remove any copyright, trademark, or other notices or legends from the Website or Services.
-Copy Test videos
– Republish any text, image, design or other property in any way, including providing physical or electronic copies to third parties or posting a quote or image from our Website or Services to any third party website including social media.
*Video-based testing in speech-language pathology is patent pending.
** If You wish to use, publish or access any of our intellectual property or related materials in a way that is not permitted by these terms and conditions, you must do so by requesting permission prior to commencing use of the same by email us at [email protected].
Your Rights
Subject to the terms of this Agreement, we grant to you a non-exclusive, revocable, non-transferable, limited license, without right of sublicense, to access and use the Website and Services solely with supported browsers through the internet for your own purposes.
You represent and warrant (legally promise) that you either own or have permission to use all of the Content uploaded to the Website, specifically the Tests and the Protocols. You are responsible for this information, and for activity that occurs under your Account.
Privacy Policy
Please check out our privacy policy to see how we use and protect your info.
We do not disclose and share your information according to our Privacy Policy.
Right to Review Tests
We review Protocols with your permission to help with customer support.
Rules and Abuse
Acceptable Use
Do not administer Tests in a way that violate laws or are prohibited by these terms.
You may not use the Service for unlawful, unauthorized, fraudulent or malicious purposes. More specifically, your usage must adhere to our Acceptable Use Policy. Our Acceptable Use Policy will be treated as part of these Terms.
Compliance with Laws
You are responsible for legal use of Video Assessment Tools and adhering to all relevant data protection and privacy laws.
You are solely responsible for any and all data used and submitted in connection with the Services, and Video Assessment Tools has no responsibility in connection thereto. Your data collection responsibilities include, but are not limited to, the following:
You will comply with all data protection and privacy laws and rules applicable to the countries where you’re collecting information through Video Assessment Tools, and are responsible for appropriate use and protection of sensitive information, such as personal information or identifiers.
You will obtain and maintain explicit consent from your students to your access, use, or disclosure of this data and to Video Assessment Tools, for providing the tools for you to perform the actions described herein. You must obtain any authorizations from your customers required to enable Video Assessment Tools to provide the Services. When obtaining this consent, you will disclose, in a written privacy policy, how you plan to use any of the data collected and will comply with this policy.
You will defend, indemnify, and hold harmless Video Assessment Tools from any claim, suit or proceeding brought against Video Assessment Tools by a user of your Tests in connection with any acts or omissions with regards to data collected by your Protocols.
If you’re collecting personal information about anyone in the European Economic Area (EEA), the United Kingdom, or Switzerland, you must sign our Data Processing Addendum to be compliant with the General Data Protection Regulations.
If you’re collecting personal information for California residents, you must comply with the California Consumer Protection Act. We recommend signing our Data Processing Addendum if you use Video Assessment Tools (as a service provider) to collect personal information from California residents.
Liability
Limitation of Liability
We are not responsible for losses associated with your use, or inability to use, Video Assessment Tools.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. To the fullest extent permitted by law, We and our Team will not be responsible for any direct, indirect or consequential loss or damage incurred by You or others in connection with our Website or Service, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
No Warranties
We cannot promise that Video Assessment Tools will meet your needs.
To the maximum extent permitted by law, we provide the material on the Website and the Service “as is”. That means we don’t provide warranties of any kind, either express or implied, including but not limited to fitness for a particular purpose. Since people use Video Assessment Tools for a variety of reasons, we can’t guarantee that it will meet your specific needs.
Indemnity
You are responsible for claims made against us due to your use or misuse of Video Assessment Tools.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision (indemnity is an agreement to compensate someone for a loss). You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Attorney Fees
If we sue you for misuse of Video Assessment Tools and win, you must pay the attorney fees.
Subpoena Fees
If we must respond to a subpoena due to your use of Video Assessment Tools, we can charge you for the cost.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Statute of Limitation
If you wish to bring an action against Us for any act or omission relating to or arising from the Terms, Website, or Service, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Us for such act or omission.
Choice of Law
We’re in California and our local laws apply. The State of California’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service.
ARBITRATION
(a) In the event of any claim or dispute between You and Us arising out of or in any way related to this Agreement (or the interpretation, breach, termination, or enforceability thereof), Website, or Service, such claim or dispute shall be exclusively and finally settled, adjudicated and determined by binding arbitration in accordance with the rules of Judicial Arbitration & Mediation Service (“JAMS”) in effect at the time of the lawsuit, with no right to a court or jury trial (whether such rights exist or not), and no right to an appeal. The arbitration shall be venued in Orange County, California.
The arbitrator shall apply California case and statutory law in effect at the time of the arbitration. Judgment upon the written award rendered by the arbitrator may be confirmed, rendered and entered in any court of competent jurisdiction and shall have the full force and effect of a judgment of that court. All fees and costs of the arbitration shall be split by the parties unless inconsistent with the law. The arbitrator shall award the recovery of the legal fees and costs of the prevailing party, including the costs and fees of the arbitration, from the non-prevailing party. The provisions of the California Code of Civil Procedure Section 1280 et. seq., which pertain to depositions and discovery in arbitration proceedings, are hereby incorporated into and made a part of this Agreement and shall be applicable to the arbitration. In no event shall a claim be arbitrated that otherwise would be barred by the statute of limitations in a judicial proceeding under the law governing this Agreement. Should any party refuse or fail to appear or participate in any arbitration proceeding, the Arbitrator hereby is empowered, authorized and instructed to decide all submitted controversies in accordance with whatever evidence is presented.
(b) Notwithstanding the foregoing provision, the parties also agree that a restraining order, injunction, writ of possession, attachment or other equitable relief (collectively, “Extraordinary Relief’) may be applied for from a court of competent jurisdiction by any party pending the resolution of the dispute. The arbitration shall then proceed in regard to all other issues and matters, or the arbitration shall be stayed pending outcome of the Extraordinary Relief sought, in the discretion of the court or the arbitrator. Any such proceedings seeking such Extraordinary Relief shall be without prejudice to any party’s rights under this Agreement to obtain relief in arbitration with respect to such matters and shall not constitute a waiver of such party’s rights under this Paragraph.
Class Action Waiver
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Force Majeure
We’ll do our best to keep Video Assessment Tools running 24/7, but some outage events are beyond our control.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Survivability
Some of these terms apply forever, even after you stop using Video Assessment Tools.
Even if this Agreement is terminated, the following sections will continue to apply: Our Rights, Your Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Arbitration and Class Action Waiver, Severability, and Entire Agreement.
No Changes in Terms at Request of User
We have one set of terms for all users worldwide. Because we have so many Users, we can’t change these Terms for any one User or group.
Further Actions
It is your responsibility to complete any additional steps required to use Video Assessment Tools in compliance with these terms.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Notification of Security Breach
We’ll let you know if your information is compromised. You will promptly let people know if their personal information has been compromised for any reason.
In the event of a security breach that may affect you or your organization, we’ll notify you of the breach and provide a description of what happened. If the breach compromises personal information you have collected, you will promptly notify all affected parties.
Notices
We’ll notify you of changes by posting them to Video Assessment Tools and/or sending you an email. You can send us a letter if you need to formally notify us for any reason.
Any Notice to you will be effective when we send it to the last email address you gave us or post on our Website. Any Notice to us will be effective when delivered to: Video Assessment Tools, 22 Fox Hole, Ladera Ranch, CA 92694, or any addresses as we may later post on the Website.
Entire Agreement
This agreement includes these terms, our Privacy Policy, Acceptable Use Policy and any additional terms to enable through Video Assessment Tools.
These Terms, our Privacy Policy, Acceptable Use Policy and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Video Assessment Tools’ policies.