easyCBM Suite User Agreement & Privacy Policy

Introduction

easyCBM is the base software created by University of Oregon’s (“UO”) Behavioral Research and Teaching (“BRT”) researchers and programmers in 2006. Since its original application, the software was divided into a free edition (Lite) and a subscription edition (Deluxe). In 2017, easyCBM was expanded to include writing/problem solving software, WriteRightNow, again with both a free and Deluxe edition. In 2019, easyCBM was again expanded to include mastery-monitoring reading and mathematics software that complements the general outcome measures, (https://cbmskills.com). This most recent addition is currently free with a Deluxe Edition under development. In this User Agreement & Privacy Policy, the following information applies to easyCBM Suite, which includes all versions of easyCBM (Lite and Deluxe Editions), WriteRightNow (Lite and Teacher Deluxe Editions), and CBMSkills (the “easyCBM Suite”).

Right to Use easyCBM Suite

Use of the easyCBM Suite and all associated websites (owned by the UO), is limited to individual users (parents, teachers, or researchers) and precludes district adoption or linking to or use of any UO names, identifiers, or marks in advertising with other products. You acknowledge and agree that you will be using easyCBM Suite with students for whom you are directly responsible for teaching; it is not designed for building or district use across multiple teachers.  easyCBM Suite refers to research-based instruments that may change, based on research or feedback provided by users, and therefore, is to be used 'AS IS'. easyCBM Suite provides web-based services that permit you solely to enter student data and administrative data (collectively "Data") to generate automated reports. Finally, you understand that information from easyCBM Suite needs to be supplemented with other information and professional judgments in making educational decisions that enhance student access to resources and the opportunity to learn.

Data and Privacy Policy

To create an account, each product in the easyCBM Suite requires that all users create a username and password, which is stored on the site, that may include information such as name, email, school, district, state, or other information if necessary, depending on the specific measures in easyCBM Suite. UO maintains the Data that you provide on secure servers. Access to your account's Data is password protected and restricted by UO to those individuals identified by you or as necessary to (a) determine that the products work or (b) improve the products. UO does not release the Data in personally identifiable form to a third party without your written permission, except as required by law, regulation, subpoena, administrative process or as authorized for research purposes below. It is your responsibility to maintain security for the usernames and passwords within your account. UO also does not sell, rent, or trade personal information with third parties. However, we may share de-identified and/or aggregated Data for research purposes or for improvement of the software or educational practices.

You grant UO the right to use any Data in de-identified and/or aggregated form for any purpose. You also grant UO, and its designees, the right to use Data for the improvement and maintenance of the software, and for research provided such research use of Data is approved by an institutional review board regulated by the Office for Human Research Protections within the United States Department of Health and Human Subjects.

No data transmission over the Internet can be guaranteed to be 100% secure and "hacker-proof" and easyCBM Suite cannot ensure or warrant the security of any information managed by the site, whether transmitted to easyCBM Suite by you, your school, or teachers. UO shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, easyCBM Suite, your school, your teacher, or an unauthorized third party.

Your Responsibility Regarding Use of easyCBM Suite

It is your responsibility not to disclose your activation code, username, and password to anyone. It is your responsibility to use easyCBM Suite only for the purpose for which they were intended. Any use of easyCBM Suite not in accordance with the intended purpose is prohibited.

UO does not provide a service to send your Data to you when you decide to end your use of easyCBM Suite or when UO ceases to provide easyCBM Suite. However, UO ensures that your Data are available for sixty (60) days after you close your account or UO announces that it will no longer provide access to easyCBM Suite, so that an orderly transition can be made.

Risk

Nothing contained in this Agreement confers any right to use in advertising, publicity, or other promotional activities any name, trade name, trademark, or other designation of UO or BRT without the express written permission of UO. You agree not to deep-link to the easyCBM Suite website for any purpose unless specifically authorized by UO and BRT to do so. easyCBM Suite measures were developed using Standards for Educational and Psychological Testing and through a program of research on student risk indicators. However, UO makes no representations or warranty on the accuracy, validity, completeness, or availability of information or results obtained from easyCBM Suite. UO reserves the right to conduct further research on easyCBM Suite to inform and make modifications or improvements at any time without notice. You agree that, if you participate in research or provide feedback to UO and BRT, the UO and BRT are permitted to use this information in making changes to easyCBM Suite.

You acknowledge that easyCBM Suite measures are solely an education information resource and is made available 'AS IS,' without obligation by UO to provide accompanying services or support. You acknowledge and agree as a condition of using easyCBM Suite, that the information obtained is intended as a supplement to, and not a substitute for, your knowledge, expertise, skill, and professional judgment in making decisions to adjust and enhance the opportunity to learn.

UO AND BRT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING EASYCBM SUITE WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES PERTAINING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UO AND BRT WILL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Note: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.