INTRODUCTION AND PURPOSE
Behavior Advantage, LLC (“Provider”) is the creator and owner of several web-based applications known as Behavior Advantage, for use by educators supporting pupils with behavioral needs. Behavior Advantage is a full-featured, multi-application system helping educators design and utilize the following: a) Functional Behavior Assessment Reports; b) Behavior Intervention Plan Reports; c) Implementation Checklist Reports; d) self-monitoring/self-management interventions; e) pupil behavior data collection and automated graphing; f) behavior goal development and progress monitoring; g) pupil information storage and record retention; and h) automated communication systems. A “Customer” of Behavior Advantage includes a school district, a special education local plan area of the State of California, a Non-Public Agency certified by a State Department of Education that has licensed Behavior Advantage from the Provider through the “Behavior Advantage License Agreement” (“Agreement”).
By accessing Behavior Advantage, you agree that you are an Authorized User. “Authorized User” means the individual(s) or entity(ies) authorized by a Customer to access Behavior Advantage on behalf of the Customer according to the terms of the Agreement. Authorized Users are limited to a Customer’s designated employees and “Third Party Service Providers” who are contractors, agents, or volunteers of the Customer.
PERSONAL USER IDENTIFICATION AND PASSWORD
By accessing Behavior Advantage, you acknowledge and agree that only Authorized Users may gain access to Behavior Advantage via the Internet through Authorized Users’ Personal User Identification and Password. “Personal User Identification” means the identification code given to Customer’s Authorized Users. “Password” means the License code provided to Customer’s Authorized Users to enable access to Behavior Advantage.
TERMINATION OF USE
You agree your access to Behavior Advantage is contingent upon your employer being a Customer, e.g., having a valid Agreement with the Provider. Should your employer’s Agreement end or terminate, you acknowledge and understand that you will no longer be an Authorized User, and you will no longer have the right to access or use Behavior Advantage. Your Personal User Identification and Password shall be deactivated immediately.
ACCESS TO BEHAVIOR ADVANTAGE SERVICES
Authorized Users may access Behavior Advantage at www.behavioradvantage.com to manage Pupil Records, Reports, Forms, Graphs, etc. A “Pupil” is an enrolled child at the Customer’s school, agency, or private practice.
You understand and agree that Behavior Advantage maintenance may be required periodically, and Provider will endeavor to provide prior notice of such maintenance. You also understand that emergency maintenance may be required and, in such cases, prior notice of such maintenance will not be provided to the Customer and its Authorized Users. You further understand and agree that Provider shall not be liable for any delays or failures in performance or for any interruption of Behavior Advantage services.
AUTHORIZED USER’S SUBMISSION OF CUSTOMER DATA
“Customer Data” means documents, information, and data, including Pupil Records, submitted to the Provider by Customer’s Authorized Users for processing through Behavior Advantage and/or documents, information, and data input or maintained in Behavior Advantage by Customer. Customer Data must be submitted in accordance with the Behavior Advantage data structure.
You acknowledge and agree that your submission of Customer Data does not violate any intellectual property rights or privacy rights of third parties.
PROTECTION OF PRIVATE CUSTOMER DATA
“Pupil Records” means both of the following: 1) Any information directly related to a Pupil that is maintained by the Provider, including Personally Identifiable Information 2) Any information acquired directly from the Pupil through the use of instructional software of applications assigned to the Pupil by an educator or other Customer employee.
“Personally Identifiable Information” includes: 1) The Pupil’s name, 2) the name of the Pupil’s parent, other family members, or caregiver 3) The address of the Pupil, Pupil’s Family, or caregivers 4) A personal identifier, such as a Pupil’s social security number, Pupil’s number, or biometric record 5) Other indirect identifiers, such as the Pupil’s date of birth, place of birth, and mother’s maiden name 6) Other information that, alone or in combination, is linked or linkable to a specific Pupil that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the Pupil with reasonable certainty 7) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the Pupil to whom the Pupil Record relates.
You acknowledge and agree that some Customer Data, including Pupil Records, is confidential pursuant to federal and state law, including, but not limited to, 20 USC Section 1232(g) and Education Code Sections 49060, et seq. You agree to abide by all applicable state and federal laws concerning Pupil Records. You further agree to protect Customer Data containing Pupil Records and to not disclose or make available to any unauthorized third party any Pupil Records to which you are granted access.
PROVIDER’S PROPRIETARY RIGHTS IN BEHAVIOR ADVANTAGE/NONDISCLOSURE
You acknowledge that Behavior Advantage is the property of Provider and that the value of Behavior Advantage is, in part, determined by Provider’s ability to limit access to and use Behavior Advantage to Authorized Users. You agree not to disclose or make available to any third party any of Provider’s proprietary property to which Customer is granted access pursuant to this Agreement, including, without limitation, manuals and instructions for the operation of Behavior Advantage, knowledge of operating methods, Passwords, Personal User Identification, and the names of designations of any equipment comprising the system.
GENERAL TERMS AND CONDITIONS
The validity, interpretation, construction, and performance of these Terms and Use shall be governed by the laws of the state of California. If any provisions of these Terms and Use shall be held to be invalid, the legality and enforceability of the remaining provisions shall not be affected or impaired thereby.