Last Updated on May 1, 2023
The following Professional Learning Terms of Service (“TOS”) apply to Curriculum Associates’ provision of professional‐learning 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 Curriculum Associates 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 learning 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 timeframe 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 in‐ person PD Sessions, the PD Sessions must be cancelled prior to CA’s professional learning specialist arriving at the agreed‐upon training location. For virtual PD Sessions, the PD Sessions must be cancelled prior to CA’s professional learning specialist launching the virtual training session.
PD Services will be performed in person unless otherwise agreed upon by you and CA. Curriculum Associates will control the method and manner of performing the PD Services. For both on‐site and virtual PD Sessions, you agree that you will make your staff available to receive the PD Services for scheduled PD Sessions. You are responsible for providing Curriculum Associates’ professional‐learning personnel (“PD Personnel”) with any necessary physical and systems access, or any other assistance as reasonably required, to allow them to provide PD Sessions. Where PD Sessions will be provided on site, you are also responsible for providing PD Personnel with a safe working environment in which to provide the PD Sessions. It is our expectation that PD Personnel will be treated respectfully and not harassed or subjected to inappropriate, discriminatory, or unlawful behavior. Should CA determine, in its sole discretion, that its PD Personnel will not be able to provide PD Sessions safely on site, CA reserves the right to provide the PD Sessions virtually. Furthermore, should any PD Personnel be subjected to harassment or inappropriate, discriminatory, or unlawful behavior in the course of providing PD Services, CA reserves the right to discontinue providing PD Services to you and refund you for any prepaid but unused 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, Curriculum Associates 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 Curriculum Associates, 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 Curriculum Associates 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, CURRICULUM ASSOCIATES 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 NON‐INFRINGEMENT.