Last Updated on May 1, 2023
The following Professional Learning Terms of Service (“TOS”) apply to Curriculum Associates’ provision of professional‐learning services (“PL 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 PL 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 PL 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 PL Services from Curriculum Associates ("CA”). All authorized users within your organization are expected to comply with these TOS.
If you license i‐Ready® and/or Teacher Toolbox, the i‐Ready Terms of Use, available at http://www.i-ready.com/support, apply to your access to and use of those digital products and services.
You acknowledge that the fees for the PL Services are paid by you to secure the availability of Curriculum Associates personnel to provide the PL Services. Accordingly, PL Services which are not scheduled or utilized within the periods described below cannot be banked, accumulated, or saved.
You must schedule professional learning sessions (“PL Session(s)”) with CA within two (2) years of the date of your purchase, as identified by the date of your purchase order. PL Sessions that are never scheduled during that timeframe cannot be rescheduled or reimbursed.
You acknowledge that scheduled PL Sessions require the commitment of CA resources and personnel, regardless of whether you attend the PL Session. Accordingly, scheduled PL Sessions which you do not attend cannot be rescheduled or reimbursed if the session is not cancelled by you in advance. For in‐ person PL Sessions, the PL Sessions must be cancelled prior to CA’s professional learning specialist arriving at the agreed‐upon training location. For virtual PL Sessions, the PL Sessions must be cancelled prior to CA’s professional learning specialist launching the virtual training session.
PL 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 PL Services. For both on‐site and virtual PL Sessions, you agree that you will make your staff available to receive the PL Services for scheduled PL Sessions. You are responsible for providing Curriculum Associates’ professional‐learning personnel (“PL Personnel”) with any necessary physical and systems access, or any other assistance as reasonably required, to allow them to provide PL Sessions. Where PL Sessions will be provided on site, you are also responsible for providing PL Personnel with a safe working environment in which to provide the PL Sessions. It is our expectation that PL 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 PL Personnel will not be able to provide PL Sessions safely on site, CA reserves the right to provide the PL Sessions virtually. Furthermore, should any PL Personnel be subjected to harassment or inappropriate, discriminatory, or unlawful behavior in the course of providing PL Services, CA reserves the right to discontinue providing PL Services to you and refund you for any prepaid but unused PL Sessions.
Payment terms for the PL Services are as set forth in the Agreement. Unless otherwise expressly stated in the Agreement, all fees for PL 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 PL 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 PL 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 PL SERVICES ARE PROVIDED “AS IS” AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CURRICULUM ASSOCIATES HEREBY DISCLAIMS ALL WARRANTIES RELATED TO SUCH PL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‐INFRINGEMENT.
