The mission of the Michigan Assessment Consortium (MAC, Inc.) is to improve student learning and achievement through a system of coherent curriculum, balanced assessment, and effective instruction. We do this by collaboratively promoting assessment knowledge and practice, providing professional development, and producing and sharing assessment tools and products. The Michigan Arts Education Instruction and Assessment Project (MAEIA) Arts Education Program Review Tool (PRT) has been developed by the MAC, Inc. for the Michigan Department of Education (MDE). MAEIA’s PRT is a self-study tool that educators and others can use to analyze and reflect upon the status of their districts’ and schools’ arts education program. It can become the basis for enhancing the arts education program in the context of school improvement and can provide a robust analysis of an arts education program that can feed into the school’s Needs Analysis. The PRT is not for entering or storing individual student data of any kind. It is for general and aggregated information about your school and/or district arts program.
By accessing, viewing, utilizing, downloading, reproducing, distributing or otherwise using content, media, or any other products or services owned or operated by the MAC, Inc., MAEIA’s PRT, or its affiliates, and authorized partners (collectively the “MAC, Inc.,” or “we,” “us,” or “our”), through maeiaprogramreviewtool.com, or otherwise, including, but not limited to access via mobile applications, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use (the “Terms”) described below, and that your use of maeiaprogramreviewtool.com is at all times subject to these Terms. In some cases, the MAC, Inc.’s content, media, or other products and services, including MAEIA’s PRT (collectively, “MAC, Inc. Resources”) may be integrated into websites and mobile applications provided by third parties (including social networking sites), and these Terms also continue to apply to your use of MAC, Inc. Resources.
Additionally, by accessing maeiaprogramreviewtool.com, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms. If you are 13 or older but under the age of consent where you live, then you must get the consent of your parents prior to using maeiaprogramreviewtool.com, and if you do use maeiaprogramreviewtool.com you represent to us that you have done so.
Your privacy is important to us. Any information that you provide to MAC, Inc. is subject to our Privacy Policy, which governs our collection and use of your information, and is incorporated by reference into these Terms. You understand that through your use of maeiaprogramreviewtool.com you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MAC, Inc. As part of providing you access to maeiaprogramreviewtool.com, we may need to provide you with certain communications, such as emails, service announcements and administrative messages. These communications are considered part of your account, which you may not be able to opt-out from receiving.
In addition to the Privacy Policy, you are also subject to any additional posted guidelines, policies, or rules applicable to specific services and features on maeiaprogramreviewtool.com which may be posted by us from time to time, at our sole discretion, (the “Guidelines”), and we encourage you to read such Guidelines. All such Guidelines are part of these Terms and are hereby incorporated by reference. To the extent that any terms of these Terms conflict with any Guidelines, these Terms shall control.
These Terms, and any future modifications to such Terms, govern your access to and use of maeiaprogramreviewtool.com, and constitute a legal contract between you and MAC, Inc. If you do not agree to these Terms, please immediately discontinue using maeiaprogramreviewtool.com.
Sections
License to Use maeiaprogramreviewtool.com
During and subject to the terms and conditions of these Terms, MAC, Inc. hereby grants you a limited, nonexclusive, non-sublicensable, nontransferable, freely revocable (at MAC, Inc.’s sole discretion) license to access and use maeiaprogramreviewtool.com for educational purposes.
License Restrictions
Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to rent, lease, loan, or sell access to maeiaprogramreviewtool.com or MAC, Inc. Resources; decompile or reverse engineer or attempt to access the source code of the software underlying maeiaprogramreviewtool.com; access (or attempt to access) any service on maeiaprogramreviewtool.com by any means other than as permitted in these Terms; circumvent, disable, or otherwise interfere with any features of maeiaprogramreviewtool.com that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any MAC, Inc. Resources or any third party content; access maeiaprogramreviewtool.com to cause a breach of security to maeiaprogramreviewtool.com or interfere with the proper working of maeiaprogramreviewtool.com or prevent others from using maeiaprogramreviewtool.com or accessing MAC, Inc. Resources; or delete the copyright and other proprietary rights notices on maeiaprogramreviewtool.com or MAC, Inc. Resources.
Trademarks and Legal Notices
MAC Inc., MAEIA’s PRT and maeiaprogramreviewtool.com trademarks, logos, images, service marks, trade names, and other distinctive branding features used on MAC Inc. Resources are the trademarks of MAC Inc. (Collectively, “MAC Marks”) and may not be used without permission. We are not granting you a license under any intellectual property right to the MAC Marks. Other trademarks, logos, and trade names that may appear on or in MAC Inc. Resources are the property of their respective owners (“Third Party Marks”). We are not granting you a license under any intellectual property right to the Third Party Marks. You may not remove any MAC Marks, third party marks or other source indicators from any part of maeiaprogramreviewtool.com or MAC, Inc. Resources. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to MAC, Inc.
MAEIA’s PRT Use and Modification
MAEIA’s PRT self-assessment study-tool and related resources (collectively, “Program Review Tool”) are available at maeiaprogramreviewtool.com. You are hereby granted a worldwide, royalty-free, non-sublicensable, non-exclusive, freely revocable (at MAC, Inc.’s sole discretion) license to reproduce and share the Program Review Tool results (which does not include the software itself), notes and emails generated through maeiaprogramreviewtool.com for educational purposes only. This License does not provide you with any rights for any other non-commercial or commercial purposes. You may not impose any additional or different terms on the Program Review Tool if doing so restricts exercise of the rights licensed under this License by any recipient other user of the Program Review Tool.
If you share MAC Inc. Resources, including the Program Review Tool results, then you must: (a) retain the identification of the creators of the MAC, Inc. Resources and any others reasonably designated to receive attribution, in any reasonable manner requested by MAC, Inc., including a copyright notice, notice of this License, and notice of the disclaimer of warranties in this License; and (b) indicate that the MAC Inc. Resources are licensed under this License, and include the text of, or a hyperlink to, this License.
This License applies for the full term of any copyrights or similar rights licensed. However, if you fail to comply with this License, then your rights under this License terminate automatically, but all additional obligations upon you stated herein remain in place in perpetuity. If any part of this License is for any reason held to be unenforceable, the rest of it remains fully enforceable. No term of this License will be waived and no failure to comply consented to unless expressly agreed to by MDE and MAC.
Copyright Infringement/Digital Millennium Copyright Act Compliance
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any MAC, Inc. Resource infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counter-notification. If we remove or disable access to such MAC, Inc. Resource in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter-notification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an intellectual property law attorney.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Kathy Humphrey, Designated Copyright AgentDMCA Complaints
MAC, Inc.
1980 North College Road, Mason, Michigan, 48854
Email: maeia.artsed@gmail.com
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Acceptable Use and Conduct
You must not use maeiaprogramreviewtool.com in any way that causes, or may cause, damage to maeiaprogramreviewtool.com or impairment of the availability or accessibility of maeiaprogramreviewtool.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use maeiaprogramreviewtool.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to maeiaprogramreviewtool.com without MAC, Inc.’s express written consent.
You must not use maeiaprogramreviewtool.com to transmit or send unsolicited commercial communications.
You must not use maeiaprogramreviewtool.com for any purposes related to marketing without MAC, Inc.’s express written consent.
You agree to indemnify and hold harmless MAC, Inc. and the MDE and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors for any damage or harm caused by your use or misuse of maeiaprogramreviewtool.com.
Your Account and Termination
We may ask you to register and create an account in order to access, interact with, or otherwise use maeiaprogramreviewtool.com and/or MAC, Inc. Resources.
You are responsible for keeping your maeiaprogramreviewtool.com account information secure. You agree to provide MAC, Inc. with current, complete, and accurate information for the duration of your maeiaprogramreviewtool.com account. maeiaprogramreviewtool.com accounts are nontransferable.
You will be solely responsible and liable for any activity that occurs within your maeiaprogramreviewtool.com account. You are responsible for safeguarding the password that you use to access maeiaprogramreviewtool.com and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MAC, Inc. and MDE will not be liable for any loss or damage arising from your failure to comply with the above.
MAC., Inc. has the right to delete, disable, or deactivate your account (or any part thereof), block your email or IP address or otherwise terminate your access to or use of maeiaprogramreviewtool.com and MAC, Inc. Resources, and remove and discard all or any part of your account, including, but not limited to, results, emails, and user-generated content, with or without notice, and with no liability of any kind to you or any third party, for extended inactivity, any violation of these Terms, or any other reason at any time at the sole discretion of MAC, Inc. You may deactivate your maeiaprogramreviewtool.com account and end your use of maeiaprogramreviewtool.com at any time by sending an email to maeia.artsed@gmail.com requesting deactivation of your account. Please be aware that if you delete your account, all or any part of your account or any of the results, emails and user-generated content may be retained in our backup files and archives for a reasonable period of time, in our sole discretion, for legal purposes. If you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved, and we are under no obligation to retrieve your information from backup files and archives even if still available. Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account.
Interactive and Social Features
To the extent such service is available on maeiaprogramreviewtool.com, you are welcome to post, transmit, or submit messages (“Messages”) to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, including emails, or in connection with, maeiaprogramreviewtool.com (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. MAC, Inc. accepts no responsibility whatsoever in connection with or arising from such Messages or for the personal information you choose to submit in these features. Messages submitted to Forums are not necessarily reviewed by MAC, Inc. prior to posting, are not attributable to the MAC, Inc. and do not necessarily reflect the opinions or policies of MAC, Inc.. When posting a Message, you are solely liable for any errors or omissions, or any losses, claims, injuries or damages arising from its display or use. MAC, Inc. makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, MAC., Inc. reserves the right to prevent you from submitting content to Forums and to delete, edit, or alter in any manner we see fit any Messages that we, in our sole discretion, deem to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, of an express commercial nature, or which are otherwise unacceptable in our sole discretion.
If MAC, Inc. chooses, at its sole discretion, to monitor the Forums, MAC, Inc. nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
Any Message submitted by you may be used by MAC, Inc. and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as MAC, Inc. sees fit.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAC, INC. AND MDE AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTED EMPLOYEES, INTERNS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, BUT NOT LIMITED TO: (a) THE USE OR THE INABILITY TO USE [INSERT WEB ADDRESS]; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MAC, INC. SERVICE; OR (e) ANY OTHER MATTER RELATING TO maeiaprogramreviewtool.com.
Indemnity
You agree to indemnify and hold MAC, Inc., MDE, and their subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of maeiaprogramreviewtool.com, your violation of the Terms, or your violation of any rights of another third-party.
Disclaimer of Warranties
YOUR USE OF maeiaprogramreviewtool.com, MAC, INC. AND MAC, INC. RESOURCES (INCLUDING THIRD PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. MAC, INC. AND ALL MAC, INC. RESOURCES (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAC, INC., MDE AND THEIR subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. MAC, INC. AND MDE FURTHER DISCLAIM ANY WARRANTY THAT MAC, INC. OR MAC, INC. RESOURCES (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MAC, INC. RESOURCES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF maeiaprogramreviewtool.com or MAC, INC. RESOURCESIS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Restricted Access
MAC, Inc. reserves the right to restrict access to certain areas of maeiaprogramreviewtool.com or indeed the entire maeiaprogramreviewtool.com, at MAC, Inc.’s sole discretion. If MAC, Inc. provides you with a user ID and password to enable you to access restricted areas of maeiaprogramreviewtool.com or other content or services, you must ensure that the user ID and password are kept confidential. MAC, Inc. may disable your user ID and password in MAC, Inc.’s sole discretion without notice or explanation.
Breaches of These Terms and Conditions
Without prejudice to MAC, Inc.’s other rights and remedies, if you breach these Terms in any way, MAC, Inc. may take such action as it deems appropriate to deal with the breach, including but not limited to, suspending your access to maeiaprogramreviewtool.com, prohibiting you from accessing maeiaprogramreviewtool.com, blocking computers using your IP address from accessing maeiaprogramreviewtool.com, contacting your internet service provider to request that they block your access to maeiaprogramreviewtool.com, and/or bringing court proceedings against you.
Unenforceable Provisions
The failure of MAC, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Geographic Restrictions
MAC, Inc., MAEIA, PRT and maeiaprogramreviewtool.com are hosted in the United States. For now, we provide maeia-artsednetwork.org for use only by persons located in the United States. We make no claims that maeia-artsednetwork.org or any of its content is accessible, appropriate or legal outside of the United States. If you access maeia-artsednetwork.org from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any claims, legal proceeding or litigation arising in connection with the Terms will be brought solely in Ingham County, Michigan, and you consent to the jurisdiction of such courts.
Assignment
MAC, Inc. may transfer, sub-contract or otherwise deal with MAC, Inc.’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Amendments
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting a revised version on maeiaprogramreviewtool.com. We last modified these Terms on the date stated above. Your continued use of maeiaprogramreviewtool.com after the posting of changes will mean you agree to abide by those changes. Prior to each visit, please check the current Terms to determine the current Terms to which you are bound. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of MAC, Inc. and maeiaprogramreviewtool.com and you should refer to those before using such services.
Term and Survival
Term. Except as provided below, these Terms shall remain in full force and effect unless and until your account is terminated as provided herein.
Survival. The following Sections will survive termination of these Terms for any reason and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of this Agreement: License Restrictions; Trademarks and Legal Notices; Copyright Infringement/Digital Millennium Copyright Act Compliance; Acceptable Use and Conduct; Your Account and Termination; Limitation of Liability; Indemnity; Disclaimer of Warranties; Breaches of These Terms and Conditions; Unenforceable Provisions; Governing Law and Jurisdiction; Assignment; Amendments; Term and Survival; General; Entire Agreement; and Contacting Us.
General
The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Entire Agreement
These Terms, and our Privacy Policy are the entire and exclusive agreement between MAC, Inc. and you regarding maeiaprogramreviewtool.com and MAC, Inc. Resources (excluding any services for which you have a separate agreement with MAC, Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MAC, Inc. and you regarding maeiaprogramreviewtool.com and MAC, Inc. Resources. Except as indicated herein, no other person or company will be third party beneficiaries to the Terms.
maeiaprogramreviewtool.com and MAC, Inc. Resources are operated and provided by the Michigan Assessment Consortium, Inc. (MAC, Inc.), 1980 North College Road, Mason, MI, 48854.
Contacting Us
If you have any questions about these Terms, please contact us at:
Michigan Assessment Consortium, Inc.1980 North College Road
Mason, Michigan 48854
maeia.artsed@gmail.com
Source: maeiaprogramreviewtool.com
