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EDOVO INSIGHT - TERMS OF USE

Last updated December 1, 2022

 

Services:
  • The products, software, applications, services and web sites (referred to collectively in this document as the "Services") are provided through Edovo, owned and operated by Jail Education Solutions, Inc. (the "Company," "us," "we" or "our".) The term “User” means the individual which accesses or uses the Services (excluding any services we provide to such User under a separate written agreement), and such access/use is subject to these Terms of Use (the "Terms"), which constitutes a legally binding agreement between the User and us. Read these Terms carefully. A User’s use of the Services constitutes the User’s agreement to these Terms. If a User does not agree to these Terms, such User must immediately discontinue its use of the Services. A User may not use the Services or continue using the Services if the User does not agree to the Terms. We may amend the Terms from time to time. Users should review the Terms periodically. The User’s continued use of the Services following an amendment of these Terms constitutes the User’s acceptance of the Terms as amended. A User may not use the Services if the User: (a) is not of legal age or capacity to form a binding contract with us (unless a parent or guardian has provided consent); or (b) is barred from receiving the Services under the laws of the United States, or any individual state or other countries in which the User is a resident or from which the User uses the Services. The Terms apply, as appropriate, to Users of the features provided through the Services including individuals granted access by correctional agency staff such as hired contractors, volunteers, and third party service providers.

Account Registration:
  • In order to access the Services, the User will create an Insight account. Users may not use another User's account. When creating an account, the User must provide accurate and complete information. The User is solely responsible for the activity that occurs on the User’s account, and the User must keep its username and password secure. The User must notify its staff administrator or relevant authority immediately of any breach of security or unauthorized use of the User’s account.

Use of the Services – Permissions and Restrictions:
  • We hereby grant the User a terminable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services as set forth in these Terms as follows:

    • The User agrees not to (and agrees not to permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof unless we have specifically authorized the User to do so in writing.

    • The User shall not (a) assign (or grant a sublicense of) the User’s rights to use the Services, (b) grant a security interest in or over the User’s rights to use the Services, or (c) otherwise transfer any part of the User’s rights to use the Services.

    • The User agrees that it will always provide accurate registration and other information and to update it promptly as necessary.

    • The User agrees to use the Services only for purposes that are permitted by both (a) the Terms, and (b) any applicable law, regulation or generally accepted practices or guidelines in relevant jurisdictions.

    • The User agrees and understands that it is responsible for maintaining the confidentiality of usernames, passwords and other personal identifiers associated with its account and understands that it will be solely responsible for all activities that occur under its account.

    • The User may use the Services only through its own User account. The User agrees not to access (or attempt to access) any of the Services other than through use of its own User account, or by any means other than through the interface that we provide, unless we have specifically allowed the User to do so in a separate written agreement.

    • The User specifically agrees not to access (or attempt to access) any of the Services through any automated means, including use of scripts, web crawlers, bots, robots or scrapers.

    • The User agrees that it will not engage in any activity that disables, interferes with or disrupts the Services, or the servers and networks which are connected to the Services, or that intercepts, monitors, damages or modifies any communication which is not intended for the User. The User specifically agrees not to use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Services or related communications protocols.

    • Unless the User has been specifically permitted to do so in a separate written agreement with us, the User agrees that it will not reproduce, duplicate, copy, sell, trade, loan or resell the Services for any purpose.

    • The User will not facilitate or encourage any violations by others of these prohibited acts or any Terms.

Changes in the Services:
  • The nature and form of the Services may change from time to time. We may suspend or cease providing the Services (or any features within the Services) at our sole discretion without prior notice to you. From time to time, we may perform maintenance on, or install an upgrade to, the software or other Services, or the underlying infrastructure that enables the User to use the software and other Services. This may require us to temporarily suspend or limit the User’s use of some or all of the Services until such time as this maintenance and/or upgrade can be completed. We are not required to give any User advance notice before any of these changes may occur.  The User will not be entitled to damages for any suspension or limitation of the use of any Services whether we provide specific advance notice or not. We may download and install updates from time to time to improve, enhance and further develop the Services which may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions.

Responsibility for Breach:
  • The User agrees that it is solely responsible for (and that we have no responsibility to it or to any third party for) any breach of its obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach. The User’s limited rights to use or access the Services will terminate automatically, without notice to it, if it breaches any of the Terms.

Our Ownership:
  • The User acknowledges and agrees that (a) we (or our licensors or affiliates) own all legal right, title and interest in and to the Services and software, including any intellectual property rights which subsist in the Services or software (whether those rights are registered, copyrighted or patented or not, and wherever in the world those rights may exist), (b) we own and/or license the Services, and they are protected by the laws of the United States, (c) the Services and software may contain information which we designate as confidential and that it shall not disclose such information without our prior written consent, and (d) it shall prevent any unauthorized copying, use, or distribution of the Services by it or any individual or entity acting through or on behalf of it. Except as expressly provided herein, this Agreement does not grant the User any express or implied right to any copyrights, trademarks, trade secrets, patents, or other proprietary rights.

Trademarks:
  • Unless we have agreed with the User otherwise in writing, nothing in the Terms gives the User a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Further, unless we have expressly authorized the User to do so in writing, the User agrees that in using the Services it will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Proprietary Notices:
  • The User agrees that it shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Third Party Sites and Applications:
  • The Services delivered to the User’s facility may contain access to mobile applications that we do not own or control. We have no control over, and assume no responsibility for the content, privacy policies or practices of such applications. By using the Services, User expressly relieves the Company from any and all liability arising from User’s use of and access to such applications.

Privacy and your Personal Information:
  • WE, THE ADMINISTRATION OF THE CORRECTIONAL FACILITY IN WHICH USER IS EMPLOYED OR SERVING, AND/OR AGENTS OF LAW ENFORCEMENT MAY USE, RECORD, COPY, VIEW, DISPLAY OR DISTRIBUTE ANY AND ALL PERSONAL INFORMATION USER SUBMITS AS PERMITTED BY LAW AND ALL ACTIVITY LOGS OF USAGE OF SERVICES, WITHOUT PROVIDING NOTICE OR COMPENSATION. THE USER HEREBY ACKNOWLEDGES ITS AWARENESS OF, AND CONSENT TO ALL SUCH ACTIVITY.

 

Account Termination:
  • If a User wants to terminate its account with us, the User may do so by (a) notifying us or its staff administrator at any time and (b) closing its account for all of the Services that it uses. We may at any time terminate our account with the User if: (a) the User has breached any provision of the Terms (or has acted in a manner which clearly shows that it does not intend to, or is unable to comply with, the provisions of the Terms); (b) we are required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful); (c) an affiliate with whom we offered the Services to the User has terminated its relationship with us or ceased to offer the Services to the User; (d) we no longer provide the Services to Users in the country, state, county, or facility from which the User uses the Services; or (e) the provision of the Services to the User is, in our sole discretion, no longer in our best commercial interest. Our termination is in addition to all other legal or equitable remedies available to us. Once the User’s account is deactivated or suspended, User will be unable to use or access any Services, although we may retain User’s account information, and the license granted to the User under the Terms is immediately terminated. Upon termination of the User’s account, all of the legal rights, obligations and liabilities that the User and the Company have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

Warranty Disclaimer:
  • THE USER AGREES THAT THE SERVICES ARE PROVIDED TO IT "AS IS". USER’S USE OF THE SERVICES SHALL BE AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (A) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USER’S USE THEREOF, (B) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE SERVICE'S CONTENTS OR THE CONTENTS OF ANY SITES LINKED TO THE SERVICES OR APPLICATIONS ACCESSED (COLLECTIVELY THE “CONTENTS”), AND (C) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE USER SHOULD USE ITS BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation Of Liability:
  • IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  • THE USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

Indemnity:
  • To the extent permitted by applicable law, the User agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the User’s use of and access to the Services; (ii) the User’s violation of any term of these Terms; or (iii) the User’s violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and the User’s use of the Services.

Law Enforcement:
  • We hereby serve notice that we will report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive from any third Party regarding such conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

General Legal Terms:
  • The Terms constitute the whole legal agreement (“Agreement”) between the User and us and govern the User’s use of the Services (but excluding any Services which we may provide to the User under a separate written agreement), and completely replaces any prior agreements or other communications between the User and us or our representative in relation to the Services.

  • In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

  • The headings in these Terms are for convenience only and are not intended to and will not have any meaning or bearing on the interpretation of the language or content of these Terms. The Company and the User are independent Parties. Neither of us may direct or control the day-to-day activities of the other; neither of us may create or assume any legal obligation on behalf of the other nor shall this Agreement be construed as forming any agency, partnership or joint venture between us.

  • Company and User agree that if the other party does not exercise or enforce any legal right or remedy which is contained in the Terms (or of which such party has the benefit under any applicable law), this will not be taken to be a formal waiver of such party’s rights and that those rights or remedies will still be available to such party.

  • You acknowledge and agree that each of our affiliates shall be third Party beneficiaries to the Terms and that such other affiliates shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third Party beneficiaries to the Terms.

  • The Terms, and the User’s relationship with us under the Terms, shall be governed by the laws of the state from which you are accessing the Services and the United States without regard to their conflict of laws provisions. Any cause or action initiated by the User must be initiated within one (1) year after the claim or cause of action has arisen. The User and the Company agree to submit to the exclusive jurisdiction of the courts located within the county from which the User is accessing the Services to resolve any legal matter arising from the Terms. Notwithstanding this, the User agrees that we may still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  • BY USING THE SERVICE, THE USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

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