Last Updated on November 1, 2022
The following Professional Development Terms of Service (“TOS”) apply to Curriculum Associates’ provision of professional development services (“PD Services”) to you, if you have purchased those services pursuant to one or more price quotes and/or an agreement, as applicable (collectively, the “Agreement”). Except as expressly stated in these TOS, the Agreement shall govern Curriculum Associates’ provision of PD Services. Except as otherwise provided herein, in the event of any conflict between these TOS and the Agreement, the terms of the Agreement shall prevail.
By scheduling and receiving PD Services, you agree, on behalf of your organization, to abide by these TOS. All references to “You” or “you” in these TOS refer to your organization, which has elected to procure PD Services from Curriculum Associates ("CA”). All authorized users within your organization are expected to comply with these TOS.
You acknowledge that the fees for the PD Services are paid by you to secure the availability of CA personnel to provide the PD Services. Accordingly, PD Services which are not scheduled or utilized within the periods described below cannot be banked, accumulated, or saved.
You must schedule professional development sessions (“PD Session(s)”) with CA within two (2) years of the date of your purchase, as identified by the date of your purchase order. PD Sessions that are never scheduled during that time frame cannot be rescheduled or reimbursed.
You acknowledge that scheduled PD Sessions require the commitment of CA resources and personnel, regardless of whether you attend the PD Session. Accordingly, scheduled PD Sessions which you do not attend cannot be rescheduled or reimbursed if the session is not cancelled by you in advance. For inperson PD Sessions, the PD Sessions must be cancelled prior to CA’s professional development specialist arriving at the agreed-upon training location. For virtual PD Sessions, the PD Sessions must be cancelled prior to CA’s professional development specialist launching the virtual training session.
Unless otherwise agreed by you and CA or specified in the applicable description, all services are performed in person. CA will control the method and manner of performing the PD Services. You are responsible for ensuring that you provide CA's professional development personnel with any necessary physical and systems access, or any other assistance as reasonably required, and you will make your staff available to receive the PD Services for scheduled PD Sessions.
Payment terms for the PD Services are as set forth in the Agreement. Unless otherwise expressly stated in the Agreement, all fees for PD Services are due and payable in advance. Such fees are non-cancellable and non-refundable unless otherwise agreed upon by the parties.
To provide services that meet your specific needs, CA may demonstrate use of our products and services with your specific implementation of our product offerings, such as i-Ready. The PD Services are intended for your internal use only, and you agree that those sessions will be attended by your employees only and not by anyone else. For the avoidance of doubt, third-party consultants and advisors and competitors of CA cannot attend PD Sessions.
Notwithstanding anything to the contrary in the Agreement, all right, title, and interest in any and all materials provided under the Agreement, including, without limitation, any print materials, digital materials, or online offerings, and all intellectual property rights therein, are and will remain with CA, and you have no right, license, or authorization except for the limited license right to use such materials in accordance with the usage terms for CA software and services, as further set forth in the Agreement.
ALL PD SERVICES ARE PROVIDED “AS IS” AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CA HEREBY DISCLAIMS ALL WARRANTIES RELATED TO SUCH PD SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.