Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are an agreement between you, whether personally or on behalf of an entity (“you” or “your”) and Measurement, Inc. (“Measurement,” “we,” “us” or “our”), concerning your access to and use of the website located at https://mitutor.net, the MI Tutor writing assessment platform (“MI Tutor platform”), and any other online products or services that we operate and that include a link to this Terms of Service (collectively, the “Services”). “You” or “your” means a visitor or a user (whether signed in or not) of the Services, and “Personal Information” means information that identifies or that could be used to identify a natural person.

Please read these Terms carefully before you start to use the Services.

These Terms set forth the legally binding agreement that governs your use of the Services. If you do not agree with all of the provisions of these Terms, do not access, browse, or use the Services. Measurement reserves the right to modify these Terms so long as it provides notice of these changes to you as described below. These Terms apply to all visitors, users, and others who access or otherwise use the Services (“you” or “Users”). If you open a Measurement account on behalf of a School, company, organization, or other entity, then “you” includes you and that entity.

The MI Tutor platform collects Student Data: The Services include an internet-based writing assessment and communication platform for use in educational settings by Schools, called the MI Tutor platform. Providers of educational services, such as schools, school districts, or teachers (collectively, “Schools”) may subscribe to the MI Tutor platform for educational purposes. When Measurement contracts with a School to provide the MI Tutor platform, we may collect or have access to Student Data (defined below) provided by the School or the student. We consider Student Data to be confidential, and limit our uses of Student Data to those purposes described in Section 4 below. If you have any questions about reviewing, modifying, or deleting Personal Information of a student, please contact your School directly.

2. Access to the Services; Beta Services

Subject to these Terms, Measurement grants you a personal, non-exclusive, non-transferable, revocable right to use the Services solely for your own personal, non-commercial purposes.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. Schools are solely responsible for all the acts and omissions of their users. You acknowledge and agree that, except as expressly set forth in these Terms, Measurement will have no obligation to provide you with any support or maintenance in connection with the Services. To use the Services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer or other access device.

We may offer certain Services as closed or open beta services (“Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Measurement will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

3. Accounts and Registration

In order to use certain features of the Services, you must register for an account and provide certain information about yourself in the account registration form. Each registration is for a single user only. By creating an account, you agree to, and shall (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the account on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. You may make any changes to your registration information by following the instructions on the Services. You may delete your account at any time, for any reason, by following the instructions on the Services. Measurement may suspend or terminate your account in accordance with Section 15, Term and Termination, below.

4. Eligibility and Authority

Measurement does not allow children to subscribe to the Services, but only adults who can subscribe or otherwise purchase the Services with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only at the direction of your School. You may be responsible for complying with additional policies from your School regarding use of the Services. If you subscribe to the Services or otherwise open a Measurement account for use by students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to these Terms, and that you agree to these Terms on the School’s behalf. If you contact Measurement to take any action with respect under an account, you represent and warrant that you have all necessary authority to request such actions from or on behalf of the School.

The U.S. Children's Online Privacy and Protection Act (“COPPA”) requires online service providers to obtain verifiable parental consent before collecting Personal Information from children under 13. If you are a School providing the Services to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents for Measurement to collect information from students under 13 before allowing such students to access the Services. Schools acknowledge that they should provide appropriate disclosures to students and parents regarding their use of service providers such as Measurement.

5. Student Data

Measurement may collect or have access to Student Data that is provided by the School or a student using the MI Tutor platform. “Student Data” is Personal Information that is directly related to an identifiable student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”). The School or the student, and not Measurement, owns and controls Student Data. The School represents and warrants that it has the valid and enforceable right to provide Measurement all Student Data and materials furnished hereunder for use in accordance with these Terms. Measurement’s collection and processing of Student Data may be as a School Official with a legitimate educational interest pursuant to FERPA. The parties each agree to uphold their respective obligations with respect to Student Data under FERPA and COPPA.

You authorize Measurement to access, collect, transmit, modify, display and store Student Data to provide the Services and as described in these Terms and our Privacy Policy, including without limitation to (i) provide the Services, (ii) improve and develop our Services, (iii) enforce our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent.

Measurement has implemented administrative, physical and technical safeguards designed to secure the Personal Information in Measurement’s possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to Student Data that we have collected or received through the Services under these Terms, we will promptly notify the School and reasonably cooperate with the School in its investigation of such event.

The School agrees that it is solely responsible for obtaining any consents required from parents or guardians of any users who are students, and for providing appropriate notices and disclosures to users and their parents or guardians regarding the use of the MI Tutor Platform and any related services, including as described in the Measurement Privacy Policy at: https://mitutor.net/privacy_policy. If any consent or other permission is revoked, the School shall immediately notify Measurement to discontinue that user’s access to the MI Tutor platform and any related services, and ensure that such user’s information is no longer accessible through the MI Tutor platform and any related services. Measurement shall have no liability under these Terms for the School’s failure to provide any notices or disclosures or to obtain any consents when required, notwithstanding anything to the contrary herein.

6. Ownership of the Services

You acknowledge that all text, graphics, and other works on the Services, the design and coding of the Services, all computer programs used and licensed in connection with the Services, the look and feel of the Services, and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets therein, are owned by Measurement or Measurement’s suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. Measurement and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.

Where Measurement has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Measurement may disclose IP addresses, Personal Information, and any contents of the Services where it is legally compelled to do so. Please read the Company Privacy Policy, available at https://mitutor.net/privacy_policy relating to our collection, use, storage and disclosure of your Personal Information.

8. Fees; Cancellation

As a School subscribing to the Services, you expressly agree that we are authorized to charge you the fee associated with the subscription term (e.g., monthly or yearly) that you chose during registration. Unless otherwise specified in the registration form, you shall pay all fees, as described on the registration form for the applicable Services, via credit card at the time of signup, in which case your credit card will be billed immediately. If the fees are recurring over designated time periods stated in the registration form, then payment is due prior to the start of each subscription period, and to the extent you pay automatically by credit card, the credit card on file will be charged at the start of each pay period. You shall make all payments hereunder in US dollars to the account designated by Measurement. If you fail to make any payment when due then, pursuant to Section 15, Term and Termination, Measurement may terminate your access to the Services and without liability or notice to you. Please note that prices and charges are subject to change with notice.

Auto-Renewal. To the extent you pay with a credit card, your credit card will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL, (B) MEASUREMENT (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR MEASUREMENT SUSPENDS OR STOPS PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. To cancel your subscription, you can follow the directions at the following location: https://measurementinc.com/trialsRefunds.

All fees and other amounts payable by you hereunder are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use and excise taxes and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Measurement’s income.

9. User Content

User Content” means any and all information and content that a user submits, uploads, displays, posts, or otherwise transmits to or through the Services. We claim no ownership rights over User Content created by you. The User Content you create remains yours. You are solely responsible for your User Content. You must have the legal right to the User Content you submit to the Services. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate the provisions of Section 10 below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Measurement. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the provisions of Section 10 below. You agree that Measurement will not be responsible for any loss or damage incurred as the result of any interactions involving User Content. If there is a dispute between you and any Services user, we are under no obligation to become involved.

Subject to these Terms, you hereby grant to Measurement, and you represent and warrant that you have the right to grant to Measurement, a non-exclusive, royalty-free, fully paid, worldwide license, to reproduce, distribute, publicly display, store, archive, prepare derivative works of, and otherwise use and disclose your User Content, and to grant sublicenses of the foregoing rights, as necessary from time to time to provide the Services, and as set forth in Measurement’s Privacy Policy at https://mitutor.net/privacy_policy. For clarity, the foregoing license includes any logos, trademarks, trade names and other similar identifying material that you provide through the Services. Such license will survive termination of these Terms.

You agree that User Content will not contain any financial account identifiers (e.g. credit card numbers or bank account numbers), government issued identifiers (e.g. social security or driver’s license numbers) or other types of sensitive data that is subject to specific or elevated data protection requirements such as the Gramm-Leach-Bliley Act or HIPAA, and we shall have no liability under these Terms for such data. The foregoing does not prohibit the submission of payment card information to designated areas of the Services for payment of fees pursuant to Section 8.

10. Prohibited Uses

You agree not to use the Services to collect, upload, transmit, display, or distribute any content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, defamatory, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; or (c) that is harmful to minors in any way; (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) transmit to the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services; or (viii) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

We reserve the right (but have no obligation) to review any content, information or materials that you provide to or through the Services, and to investigate and take appropriate action against you in our sole discretion for any violation of this Section 10 or any other provision of these Terms or if you otherwise create liability for us or any other person. Such action may include removing or modifying such content, materials or information, or terminating your account in accordance with Section 15, Term and Termination, below, and reporting you to law enforcement authorities.

11. Feedback

If you submit or otherwise provide us any communications, content or material, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to us an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such materials in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding materials, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory. You agree that you will not submit to Measurement any information or ideas that you consider to be confidential or proprietary.

12. Linked Websites and Third-Party Applications

We have not reviewed all of the websites linked to the Services, or third-party applications or ads accessible through the Services, and are not responsible for the content of any third-party websites or applications available through the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Measurement. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Measurement reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Measurement. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Measurement, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, and its and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from (i) your use of the Services, (ii) any content, information, or materials that you transmit to or through the Services, (iii) any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services, (iv) your violation of any applicable law or the rights of another person or entity, (v) your willful misconduct, or (vi) any other party’s access and use of the Services with your unique username, password, or other appropriate security code. You further agree that Measurement shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in an enforceable written agreement between you and Measurement.

14. United States Only

The Services are hosted in the United States and are provided for use only by persons located in the United States. All matters relating to the Services are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

15. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Services. Measurement reserves the right at any time to modify or temporarily discontinue the Services or any part thereof with or without notice, including for any use of the Services in violation of these Terms. You agree that Measurement shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services, Measurement’s liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.

Upon termination of your rights under these Terms, your account and right to access and use the Services will terminate immediately. You understand that any termination of your account may involve deletion of any content, information or materials associated with your account from our databases. Measurement may, at its sole discretion, permit continued, limited access for users of the account for a limited time after the conclusion of the term. If an accountholder or any of its users wishes to save or maintain any data, it is the accountholder and its user’s sole obligation to download such data before the conclusion of the term. Once the term of an account ends, Measurement may delete data relating to an account in accordance with these Terms and the Privacy Policy.

Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 8-11, 13, 15-27.

16. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MEASUREMENT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEASUREMENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEASUREMENT, ITS SUBSIDIARIES, AFFIILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL MEASUREMENT OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD-PARTY PARTNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Governing Law and Jurisdiction

Measurement operates the Services from North Carolina, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., including its statutes of limitation but without reference to conflict or choice of law provisions that would result in the application of the laws of any other jurisdiction. The exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts sitting in Wake County, North Carolina, U.S.A., or, if it has jurisdiction, the United States District Court for the Eastern District of North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Services, if any, and by any other means permitted by law.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Notice; Changes to Terms

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Measurement at the following contact:

Measurement, Inc.
404 Hunt Street
Durham, NC 27701
Attn: MITutor Customer Support

Any notices to you may be made via either e-mail or postal mail to the address in Measurement’s records or via posting on the Services. Please report any violations of these Terms to Measurement at the contact listed below.

Measurement may, in its sole discretion, modify or update these Terms from time to time, which will be reflected in the “Last Updated” line set forth below. If such changes are material, we will additionally notify you that material changes have been made to these Terms. Your continued use of the Services following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Services. Notwithstanding the foregoing, Measurement will provide notice to the School in advance of making any material change to these Terms that relate to the collection or use of Student Data.

21. Export

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Measurement, or any products utilizing such data, in violation of the United States export laws or regulations.

22. Electronic Communications

The communications between you and Measurement use electronic means, whether you use the Services or send us emails, or whether Measurement posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Measurement in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Measurement provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

23. Disclosures

Measurement is located at the address in Section 26. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services and supersedes any and all prior understandings and agreements between us respecting such subject matter, except that if you or your company have executed a separate written agreement with us governing your use of the Services, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Measurement’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Measurement may freely assign these Terms, and in such case, these Terms shall be binding upon assignees.

Copyright © 2022. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

26. Contact Information

Measurement, Inc.
404 Hunt Street
Durham, NC 27701
Attn: MITutor Customer Support

If you believe that any content or materials on the Services unlawfully infringes the copyrights in a work that you own or control and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our Designated Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our Services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

If you believe that your content should not have been removed for alleged copyright infringement, the following information in the form of a written notification must be provided to our Designated Agent.

  1. your physical or electronic signature;
  2. identification of the copyrighted material that was removed or disabled;
  3. sufficient information to permit us to locate such material;
  4. your address, telephone number, and e-mail address; and
  5. a statement from you under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Notification of copyright infringement should be sent by mail or email to:

Email: support@mitutor.net

Postal Mail:

Measurement, Inc.
Attention: Privacy
404 Hunt Street
Durham, NC 27701

 

Last Updated: June 1, 2022