1. Agreement between Bolster Learning Systems, LLC and User. This is a binding agreement (“Agreement”) between Bolster Learning Systems, LLC (Bolster) and you, the user (“You” or “Your”). Bolster’s Website, www.wellscreening.com, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using Bolster’s Website, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
2. Bolster’s Website is only for use in the United States. Use of Bolster’s Website outside of the United States is prohibited.
4. No Professional Advice. The information and materials available through the Bolster Website, including without limitation the Well Screening® and Bolster Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and general information included on Bolster’s Website may reflect innovations and opinions not universally shared and does not necessarily reflect the view of Bolster. BOLSTER AND BOLSTER’S WEBSITE, INCLUDING WITHOUT LIMITATION THE WELL SCREENING AND BOLSTER’S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH BOLSTER’S WEBSITE, INCLUDING WITHOUT LIMITATION THE WELL SCREENING AND BOLSTER’S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
5.a. Privacy Statement. Bolster is not a “Website or online service directed to children” as defined by the “Children’s Online Privacy Protection Act of 1998”. The Bolster Website and Well Screening® are designed for use by children while under the direct supervision of a parent, guardian or an adult with parental consent to allow the child to use the Website and Well Screening®. Bolster does not collect any identifiable personal information from children as defined by the “Children’s Online Privacy Protection Act of 1998”. The Bolster Website and Well Screening® are intended for use by children while under the direct supervision of a parent, guardian or an adult with parental consent to allow the child to use the Website and Well Screening®. You agree to supervise the child with the child’s parental consent while they are accessing this Website and the Well Screening®.
b. Confidentiality of Personally Identifiable Student Data. After purchasing an access code, a user receives the access code directly and maintains individual control over the access code. Access codes are unique across the Website. Once the access code is used, a child’s data is only accessible through the individual access code that was used to start their screening. No child data is emailed from the Website; the screening’s report must be viewed and/or downloaded directly from the Website after entering the access code.
c. Responsibility for Safeguarding Information. Customers are responsible for safeguarding their access code after it is distributed to them and for protecting their access code outside of the Website. Employees of Bolster abide by security and privacy policies and are updated on security and privacy practices to ensure data is protected.
6. Intellectual Property. All contents of Bolster’s Website are: Copyright ©2021 Bolster. All rights reserved. Bolster’s Website and the content displayed on Bolster’s Website and all software, data and information used to provide Bolster’s Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, and other intellectual property rights therein or thereto, are owned and are proprietary to Bolster and are protected by the copyright laws of the United States and other countries. The compilation of the content on Bolster’s Website is the exclusive property of Bolster and is protected by the copyright laws of the United States and other countries. The Well Screening® is protected by United States and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store the Well Screening® content in any form outside of the Well Screening® and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Well Screening® content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Well Screening®. All intellectual property rights in Well Screening® are, as between you and Bolster Learning Systems, LLC, the sole and exclusive property of Bolster Learning Systems, LLC. We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
7. Usage of Bolster. As a condition of Your use of Bolster’s Website, You represent and warrant to Bolster that You will not use Bolster’s Website for any unlawful purpose or in any manner prohibited by this Agreement’s terms, conditions or notices. You represent and warrant that You will not use Bolster’s Website in any manner which could damage, disable, overburden or impair Bolster’s Website or interfere with any other party’s use and enjoyment of Bolster’s Website.
8.a. Security. The Well Screening® portion of Bolster’s Website will be accessible only to paying customers (“Customers”) in the United States. You agree to purchase Well Screening® Starter Kits or Well Screening® Supplementary Codes from Paul H. Brookes Publishing Co., Inc. (“Brookes Publishing”). You agree that Brookes Publishing may share your name, email address, and order quantity with Bolster for fulfillment of Screening Codes and technical assistance. Bolster does not handle any sensitive credit card information on the Bolster servers. The Personal information retained by Bolster includes without limitation email addresses and data collected from the Well Screening® including a zip code and month/year of birth for the individual taking the Well Screening®. Email addresses are needed for Bolster to assign and deliver Screening Codes to login to the Well Screening®. No names or physical addresses are requested or needed in order to take the Well Screening®. You agree to your data being stored with the child’s parental or guardian consent to calculate the individual screening result and to enhance test norms. Well Screening® data does not include any personal identifying data and will be stored for later analysis to view norms and trends such as by region. You agree that Bolster and Brookes Publishing may send communications to your email address consistent with providing You with customer service and in response to inquiries You send to Bolster through the FAQs page or to Paul H. Brookes Publishing Co., Inc. through the Customer Service page. Bolster is not liable for any harm related to the theft of Your Screening Codes, Your disclosure of Your Screening Codes, or Your authorization to allow another person or entity to access and use the Well Screening®. Bolster does not share or sell to anyone Your email address.
b. FERPA. If You are required to be compliant with the Family Educational Rights and Privacy Act (FERPA) and/or state laws or regulations regarding Student Data Privacy and/or Confidentiality of Student Records and Information, you must be aware of your obligations under, and respect the terms of, these laws and regulations.
c. Test Exposure. Access to the Well Screening® is limited in the following way: the screener can only be accessed by an unused access code (purchased through the Brookes Publishing Website) and when both the child’s device and the helper’s device are set up (using the same access code) and the helper selects “Begin Screening”. The screening cannot be previewed without the access code. The order of the Well Screening® items is static; all children receive the same items in the same order. Children are recommended to be screened once per trimester (Fall, Winter, and Spring) to ensure that children do not receive excessive exposure to items.
d. Data Security. Access to data is restricted to authorized staff at Bolster when authorized to perform a specific job (for example, answering customer queries and support tickets). Well Screening Website and databases are stored in a secure data center (as detailed in the “Website Security” document). Proactive measures are taken to maintain and update software and hardware as well as to manage, tune, and upgrade virtual/physical servers on a regular basis.
9. Links to Third Party Websites. Bolster’s Website contains links to third party Websites. The third party Websites are not under the control of Bolster, and Bolster is not responsible for the contents of any third party Websites, and the inclusion of any link is as a convenience and does not imply endorsement by Bolster of the sites.
10. Termination. Bolster reserves the right in its sole discretion to terminate Your access to Bolster’s Website, including without limitation the Well Screening® and Bolster’s Web Services, at any time without notice for any reason whatsoever. Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
11. General Disclaimers, Exclusion of Damages, and Limitation of Liability. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BOLSTER’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BOLSTER MAY MAKE IMPROVEMENTS OR CHANGES TO BOLSTER’S WEBSITE AT ANY TIME. ADVICE RECEIVED VIA BOLSTER’S WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE. BOLSTER MAKES NO REPRESENTATIONS ABOUT BOLSTER’S WEBSITE, INCLUDING, WITHOUT LIMITATION, BOLSTER’S WEBSITE’S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH BOLSTER’S WEBSITE. BOLSTER PROVIDES BOLSTER’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOLSTER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO BOLSTER’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH BOLSTER’S WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF BOLSTER’S WEBSITE IS TO DISCONTINUE USING BOLSTER’S WEBSITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL BOLSTER BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BOLSTER’S WEBSITE, WITH THE DELAY OR INABILITY TO USE BOLSTER’S WEBSITE OR BOLSTER’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH BOLSTER’S WEBSITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF BOLSTER’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOLSTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL BOLSTER BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH BOLSTER’S WEBSITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH BOLSTER’S WEBSITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
12. Indemnity. YOU AGREE TO INDEMNIFY BOLSTER FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF BOLSTER’S WEBSITE AND SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. BOLSTER WILL NOTIFY YOU OF ANY CLAIM FOR WHICH BOLSTER SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO BOLSTER’S INTERESTS, AS REASONABLY DETERMINED BY BOLSTER AT ITS SOLE DISCRETION.
13. Governing Law. This Agreement is governed by the laws of the State of Ohio, USA. You hereby consent to the exclusive jurisdiction and venue of state courts of Common Pleas in Cuyahoga County, Ohio in all disputes arising out of or relating to the use of Bolster’s Website. Use of Bolster’s Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
14. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Bolster as a result of this Agreement or use of Bolster’s Website, including, without limitation, Bolster’s Web Services and the Well Screening®.
15. Construction. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
16. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Bolster with respect to Bolster’s Website and the Well Screening®, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Bolster with respect to Bolster’s Website, including without limitation to Bolster’s Web Services and the Well Screening®.