User Agreement
Last updated: October 18th, 2021.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By visiting, accessing, and/or using the Site or Services, you agree to be bound by this UA, whether you are a visitor, Student, Parent, Legal Guardian, Mental Health Professional, Educator, or other School Staff. Closegap's Privacy Policy is a part of this Agreement. By accepting the terms of this UA, you agree to abide by the terms of our Privacy Policy found at: https://www.closegap.org/privacypolicy.
Closegap, a website available at www.closegap.org (“the Site”), along with a web-based and mobile application (“Applications”) make up a suite of services (collectively, “the Services”) owned and operated by Closegap Inc. (“Closegap”, “the Company”, “we”, “us” or “our”). Closegap requires that all visitors (“you”) to its Site or Services agree to all of the terms and conditions in this User Agreement (“UA”). By visiting, accessing, and using the Services, you indicate your acknowledgment and acceptance of this UA. The Services are made available to you for your non-commercial use only.
WHAT IS CLOSEGAP?
Closegap is a 501(c)(3) not-for-profit organization that focuses on improving the mental health and emotional wellbeing of K-12 students. Closegap Services are utilized by teachers, administrators, school counselors, social workers, and parents to support the emotional wellbeing of their students throughout the school day. Through a student facing emotional health check-in, students share their emotions and needs. Educators access this data and use it to respond in real-time. Parents use this data to follow up at home. The Services provide you with access to an online collection of information, materials, and tools related to Closegap and its work, including text, pictures, photographs, audio and video, graphics, logos, marks, and images (collectively, "Content"), as well as software used in accessing the Services, displaying the Content, and utilizing the functionality offered through the Services ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Services and all revisions, modifications, and enhancements to the Services, the Content, or the Software will be covered by this UA effective upon the date of each such addition. The Content regarding an individual child is an Education Record for purposes of the Family Educational Rights and Privacy Act (“FERPA").
If you do not opt-out of allowing your child access to the services, you agree to allow your minor child access to the Content.
ELIGIBILITY REQUIREMENTS
By using the Services, you represent and warrant that:
1. All information you submit is truthful and accurate; and
2. You are an Educator and/or Administrator and you:
(a) are utilizing the School Official exception to FERPA, or
(b) have received parental consent for each of your students. If in the United States, you have received parental consent for students under the age of 13 per Children's Online Privacy Protection Act ("COPPA"); if outside of the United States, you’ve received parental consent for students under the age of 18, or have received parental consent from parents in alignment with your country’s child data privacy and protection laws and regulations; or
3. You are a Mental Health Professional (as defined under federal law) and have received parental consent to utilize the Services with your clients under the age of 13; or.
4. You are a Parent/Guardian and have created an account for your child, and therefore consent to your child’s use of the Services; or
5. You are under 13 years of age and have received School/Educator or Parental consent and supervision when using the Services.
6. By accessing and using Closegap services, you consent to our Privacy Policy found at: https://www.closegap.org/privacypolicy
7. Your use of the Services does not violate any applicable law or regulation. Your use of the Services may be terminated without warning if we believe you are in violation of any of these conditions. Use of the Services is void where prohibited.
8. Closegap reserves the right to exclude any Students, Parents, Educators, or any other user types from use of the Services, in Closegap's sole discretion.
STUDENT REQUIREMENTS
At this time, students are not permitted to create accounts on their own. If you are a student and would like to use Closegap, please ask your parent/guardian or teacher (or other school staff member) to create an account for you. Once they’ve completed the registration process, you can log into your account using your own login credentials.
CONTENT & USE OF THE SERVICES
You may use the Services, Content, and Software solely as and for the purposes stated and described in this UA. All Site Content and functionality, and all Software underlying the Services, may be changed or updated by us from time to time, without notice. Although Closegap cannot monitor the conduct of users of the Services, it is a violation of this UA to use the Services or any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Services.
If you give Closegap feedback, comments, or suggestions concerning the Services, platform, software, documentation, or aggregated data, (collectively, “Feedback”), you hereby assign to Closegap all right, title, and interest in and to the Feedback, and Closegap is free to use the Feedback without payment, attribution, or restriction.
DISCLAIMERS
We make reasonable efforts to provide a Site and Services that are safe and accurate, but can make no warranties. Closegap retains the right to restrict use of the Services, in any manner it deems appropriate.
Any and all communications and interactions between you and third parties, including Educators, and all consequences resulting from the above, are strictly between you and such third party. We are not liable for it. Other than facilitating the interaction for Educators, we are not actively involved in your communications, interactions, dealings, engagements and transactions. Closegap disclaims any constructive or implied knowledge regarding the Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOSEGAP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOSEGAP MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLOSEGAP, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SERVICES, OR INABILITY TO USE THE SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE CLOSEGAP AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT CLOSEGAP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT CLOSEGAP AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SERVICES, EVEN IF AN AUTHORIZED CLOSEGAP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THERE IS UNLESS GROSS NEGLIGENCE WAS COMMITTED BY CLOSEGAP.
TERMINATION
You may terminate this UA by destroying all materials obtained from the Services, deleting your account, and stopping all use of the Services. Closegap may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Services and stop all use of the Services.
This User Agreement and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws. The competent courts located in New York, New York will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of this User Agreement.
If any provision of the User Agreement is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the User Agreement shall continue to remain in full force and effect.
CONTACT CLOSEGAP
If you have any questions about the Services or this UA, you may contact us at info@closegap.org.