By accessing and using our service, you are agreeing to your acceptance, without limitation or qualification, these TOU. If you do not agree with these TOU, you may not access or use IOTA Solutions.
The IOTA Solutions Service
IOTA Solutions (the "Service") is an online student feedback and course evaluation service available to instructors through paid subscription for specified time durations. The purpose of the Service is to provide instructors with an easy to use and accessible platform in which to accurately and efficiently gather student feedback. The Service can also be used to conduct course evaluations for faculty development or administrative purposes. We may offer other features in the future, or change or eliminate current features at any time. All of the features of the Service are subject to these TOU.
Use of Account
To use the Service, you will need an educational email address (i.e., ending in .edu), institution, and password. Your username will be the email address you provide. The initial password is provided by the instructor. You should change your password before starting to use the Service to prevent unauthorized access to your results and reports. To facilitate communication and for retrieval of a new password, we use email addresses with the .edu suffix. Email addresses that can be easily obtained (e.g., Yahoo, Hotmail) are not acceptable due to the confidential nature of your survey results.
You are solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are responsible for all activities, charges, and liabilities associated with your account. You must immediately notify IOTA Solutions of any unauthorized use of your account. This service is not targeted to users less than eighteen years of age. If you are under 18, please do not attempt to sign up for the Service.
Any content that you upload or otherwise make available in the Service remains your sole property or the property of your licensors. If you mark any of your content public domain (Public Domain Content) in the Service, you automatically grant and/or warrant that the owner has granted IOTA Solutions, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Public Domain Content through the Service. You also permit any other user of the Service, subject to your restrictions, to access, view, store, and reproduce the Public Domain Content to the same extent permitted herein.
You acknowledge that the Service, any underlying technology used in connection with the Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Service are provided by IOTA Solutions and are protected by copyright. You may not store any significant portion of any Content owned by, or licensed to IOTA Solutions in any form, whether archival files, computer-readable files, or any other medium. You acknowledge that IOTA Solutions remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.
Some links on the Service lead to sites posted by independent site owners. Because IOTA Solutions has no control over these sites, IOTA Solutions is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, IOTA Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between IOTA Solutions and the linked sites. IOTA Solutions is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where IOTA Solutions would be responsible for the actions of their respective owners.
You may only access the Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not:
1. use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations;
2. upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
3. disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; or
4. interfere with or disrupt the service or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
IOTA SOLUTIONS IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN IOTA SOLUTIONS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN IOTA SOLUTIONS FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO IOTA SOLUTIONS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER IOTA SOLUTIONS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
IOTA SOLUTIONS AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL IOTA SOLUTIONS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IOTA SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS IOTA SOLUTIONS OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IOTA SOLUTIONS'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES IOTA SOLUTIONS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold IOTA Solutions, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, email, or otherwise transmit through IOTA Solutions, your use of the Service, your connection to the Service, or your breach of the TOU.
MyClassEvaluation® is a registered service mark of IOTA Solutions, LLC. “MyCourseEvaluation”, “MyInstructorEvaluation”, “Hands-free course evaluation for Higher Education”, and other trademarks, service marks, trade dress, and logos used in the Service are the trademarks, service marks, trade dress, and logos of IOTA Solutions, LLC.
IOTA Solutions controls and operates the Service from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Modifications to the Service
IOTA Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that IOTA Solutions will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You may discontinue your participation in and access to the Service at any time. The TOU will continue to apply to all past use of the Service by you, even if you are no longer using them. You acknowledge and agree that IOTA Solutions may terminate or block your use of all or part of the Service, without prior notice for any reason, including, without limitation, if IOTA Solutions believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service and may bar your access to and use of the Service.
By accessing the Service, you agree to the above stated TOU. This Agreement is entered into in the State of Virginia and shall be construed in accordance with the laws of Virginia, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Virginia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within the Service constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. If you have any questions about this Agreement, you may contact: IOTA Solutions LLC, 3951 Westerre Parkway, Suite 254, Richmond, VA 23233.