INTRODUCTION
You agree that by accessing, sharing, or using resources provided on this site, you are entering into a legally binding agreement even if you are using our services on behalf of a company. If you do not agree to terms of this Agreement, you will be limited to the scheduling service only; access to the assessment resources, internet resources, intervention materials, or other services will not be available for use.
User acknowledges that VocoVision may change, suspend, modify, or remove certain functions and features within the Platform without prior notice to User. Such changes are not regarded as a breach by VocoVision of the terms of this Agreement and such changes will be communicated by VocoVision to User as soon as commercially reasonable.
I. DEFINED TERMS
These terms, together with our Privacy Policy, will form a written contract between the User and VocoVision and will govern our relationship and your use of our Platform and Resources.
- “User” is the Independent Contractor who is on a contracted assignment through VocoVision. In the case of school districts who have partnered with VocoVision but are using their own district employees, the User may also include a school district employee who functions as a telepractitioner.
- “Platform” means the interactive section of the VocoVision website where the Toolkit is found. This is a fluid site; additions, modifications, or deletions may occur at any time.
- “Resources” means downloadable documentation, tools, and/or resources that VocoVision makes available to the User as supporting materials.
- “Assessments” refers to any standardized test or set of tests given under standard, set conditions which may be used to compare performance of an individual student to that of other students. Assessments may also include informal checklists, rating scales, or data collection tools.
- “FERPA” means the Family Education Rights and Privacy Act, a federal law that protects the privacy of student education records.
- “HIPAA” means the Health Insurance Portability and Accountability Act, a federal law that restricts access to individuals’ private medical information.
- “HITECH” means the Health Information Technology for Economic and Clinical Health Act, which improves privacy and security protections for healthcare data.
- “PII” means Personally Identifiable Information, or sensitive information that can identify an individual.
- “Intellectual property” includes copyrighted information, trademarks, trade names, trade secrets or any data or information which provides value or a competitive advantage to its holder by not being publicly known.
II. ACCESS TO VOCOVISION PLATFORM
User acknowledges that access to the Platform shall be limited to individuals who have entered into a contractual relationship with VocoVision and are completing active assignments. Upon termination of contract or contracted assignment completion, access to the Platform and Resources shall be ended byVocoVision.User acknowledges that access to the Platform and Resources shall be granted only when logged in using a personal User ID. Each User will have individual login credentials consisting of a username and password which shall not be disclosed to or used by anyone other than the User. The User specifically agrees to allow no access to the Platform or Resources by any other individual.
III. USER RESTRICTIONS
User should be mindful of the ethical guidelines created by discipline‐specific state and national organizations. Use of Resources within the platform shall be restricted to the scope of practice of each User.
User acknowledges that neither User log‐ins nor Resources shall be shared, copied, or altered in any way. Each log‐in is specific to each individual User. You agree to: (1) User will select a strong and secure password; (2) User will keep their password secure and confidential. User is responsible for anything that happens through User’s account unless User reports misuse. Any claim of misuse must be reported within twenty‐four (24) hours of User’s discovery of misuse.
User acknowledges that, upon termination of this contract or contracted assignment completion, User shall cease all use of the Platform and Resources from all devices. Platform and Resources are strictly for use on VocoVision contracted assignments and shall not be utilized outside of a contractual relationship with VocoVision.
User agrees to be mindful of shared content and ensure that is appropriate for children and does not violate any school district policies.
IV. CONFIDENTIALITY
User has ethical and legal obligations to protect the confidentiality and privacy of students, including their healthcare records. At all times, the User shall abide by the standards set forth by FERPA, HIPAA, and HITECH.
User acknowledges that any electronic communications regarding Resources or the Platform, such as scheduling Zoom sessions or transferring information, shall not include PII.
User shall not leave confidential information unattended, particularly so that it remains visible on computer screens when not in use. Confidential information includes PII relevant to User and students. Proprietary materials and technologies created and utilized by VocoVision shall also be considered confidential information.
User shall delete from all devices any copies of confidential information, including electronic communications and recordings, before the end of contract or contracted assignment.
User acknowledges that Zoom is the web conferencing platform utilized by VocoVision for videoconferencing. Zoom maintains policies and procedures designed to comply with applicable requirements of student privacy laws, such as FERPA, which may be found on the Zoom website.
User is responsible for ensuring that the technology on their end is updated and secure. If there is a breach in confidentiality, the User is responsible for reporting it within 24 hours.
V. INTELLECTUAL PROPERTY
User acknowledges that any and all intellectual property rights existing in or used in connection with the VocoVision Platform and VocoVision toolkit, including, updates, upgrades, enhancements, new developments and improvements shall remain the sole property of VocoVision. User shall not, during or at any time after the contracted assignment ends, in any way question or dispute the ownership by VocoVision thereof.
User acknowledges that VocoVision owns all VocoVision branded materials and retain the ownership of their materials. Downloading, copying, distributing, and/or selling VocoVision copyrighted materials without the specific written permission of VocoVision is prohibited.
User acknowledges that third party test publishing companies shall retain their intellectual property, such as copyrighted test items and scoring manuals.
User acknowledges that third party links to assessment and therapy materials shall retain their copyrighted intellectual property.
User shall not use any materials from the platform outside of their capacity as an Independent Contractor for VocoVision.
User shall not remove any copyright, trademark, or other proprietary rights notices contained in or on our service.
VI. UPDATES TO PLATFORM
User acknowledges that from time to time, VocoVision will provide enhancements or improvements to the platform. Updates will be reported to User as soon as feasibly possible. However, updates may not be communicated until after their completion.
VII. THIRD PARTY SERVICES
User acknowledges that the VocoVision platform and VocoVision Toolkit may include features or functionality that operate with online services provided by third parties, such as links to other websites. VocoVision is not responsible for information on those websites.
User acknowledges that access to Zoom is provided through the VocoVision toolkit. From time to time, Zoom provides updates which may require action on the part of the User. User is responsible for completing all updates in order to ensure that Zoom is functioning at its full capacity.
User acknowledges that all third‐party assessment materials provided within the VocoVision Toolkit should be used at the discretion of the User. User should always follow the guidelines of assessment material publishers regarding copyrighted materials. At no time should assessment materials on the VocoVision toolkit be downloaded, copied, photographed (including screen shots), or otherwise violated. Copyright violation will constitute revocation of permission to use the materials in the VocoVision Toolkit.
User acknowledges that all third‐party intervention materials provided within the VocoVision Toolkit should be used at the discretion of the User. User should always follow the guidelines of intervention material publishers regarding copyrighted materials. At no time should intervention materials on the VocoVision toolkit be downloaded, copied, photographed (including screen shots), or otherwise violated. Copyright violation will constitute revocation of permission to use the materials in the VocoVision Toolkit.User
User acknowledges that when links are provided to third‐party website, User will comply with any and all third‐party guidance regarding the use of their materials.
VIII. PRIVACY POLICY
User acknowledges that they will review VocoVision’s Privacy Policy: https://www.vocovision.com/privacy/.
IX. TERMS AND TERMINATION
User acknowledges that access to the Toolkit is dependent upon their contracted assignment. Upon completion or termination of a contracted assignment, User shall cease all use of the VocoVision Toolkit and delete any copies of downloaded material that you have.
X. LIABILITY
User User acknowledges that VocoVision endeavors to ensure that the VocoVision Toolkit and Platform is normally available for 24 hours a day. However, VocoVision shall not be liable for any reason if the platform becomes unavailable for any period. The VocoVision Toolkit mUay not be available due to system failure maintenance or repair for reasons beyond our control. Such incidents shall not constitute a breach in the agreement.
User User acknowledges that the VocoVision Toolkit includes numerous links to other websites. VocoVision does not guarantee that the links are active and virus‐free. The User is responsible for virus scanning on the User’s computer.
User agrees to notify VocoVision if there is an error within the Toolkit or a third‐party website.
XI. DISPUTE RESOLUTION
In the unlikely event we end up in a legal dispute, it will take place in Florida courts, applying Delaware law. You agree that the laws of the State of Delaware, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the services. We both agree that all of these claims can only be litigated in the federal or state courts of Florida, and we each agree to personal jurisdiction in those courts.