Agreeing to our Terms
Thank you for your interest in RubricKing LLC (“RubricKing”), which owns and operates the services offered on RubricKing.com (“RubricKing Website”) and all associated mobile applications (“RubricKing Apps”) and products and services which RubricKing now provides or may provide in the future (collectively, the “Service”).
If you are under the age of eighteen (18), your parent or guardian must read and consent to the Agreement before you can use the Service. Only after you have received their permission and they have consented to the terms and conditions of our Agreement, can you lawfully use the Service. You cannot continue to use or access the Service until such time.
If you are entering into this Agreement on behalf of a business entity, you must represent that you have the legal authority to duly bind that business to this Agreement; in which case the terms “you”, “your” or “Member” shall refer to that business entity. If you do not have such authority, or if you do not agree with the terms and conditions of our Agreement, then you cannot use the Service.
You retain all ownership rights that you have in any User Submitted Data. RubricKing does not claim any ownership rights in the User Submitted Data.
RubricKing’s right to use your information will terminate when you (1) delete any User Submitted Data; (2) you or your Institution (as defined below) delete(s) an Education Record; (3) you delete any personal information; or (4) you delete your account, unless your content has been shared with others, and they have not deleted it. When you delete records from your Institution (“Education Records”), or personal information, it is deleted in a manner similar to emptying a computer’s recycle/trash bin. However, any removed User Submitted Data may persist in backup copies for a reasonable period of time, but will not be available to others. You are responsible for making sure that you have all rights in the User Submitted Data, including the rights necessary for you to grant us permission to User Submitted Data.
We appreciate your feedback and suggestions about RubricKing, but are not obligated to compensate you for providing it to us.
a) Teachers and school administrator: if you are a teacher, administrator, aide, or similar personnel (“School Official”) accessing the Service on behalf of a school, school district, or similar educational institution ("Institution"), the following terms apply to you:
(i) You agree that you are acting on behalf of and have permission from your Institution to enter into this Agreement and to use the Service as part of your curriculum.
(ii) Only School Officials who are current employees of the Institution may use the Service on the Institution’s behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify RubricKing immediately.
Certain information that may be provided to RubricKing by School Officials that is directly related to a student and maintained by an Institution may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to RubricKing by School Officials about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student’s Education Records to a third party without written consent of the student’s parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).
As a teacher, you agree that the following is true:
A. As School Officials or an Institution providing Directory Information or any Education Record to RubricKing, you represent, warrant and covenant to RubricKing, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by RubricKing; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Education Records with RubricKing, in each case, solely to enable RubricKing’s operation of the Service.
Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents.
RubricKing Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the RubricKing Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any RubricKing Technology. “RubricKing Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of RubricKing.
Using our Service does not give you any right of ownership to any intellectual property rights in our Service or the RubricKing Technology. These terms do not grant you the right to use any RubricKing Marks. Nor are you allowed to remove, obscure, or alter any copyright or other legal notices displayed in or along with our Service.
RubricKing may now, or in the future, incorporate certain functions that will allow you to interact with the Service through your accounts on certain supported third-party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you are allowing RubricKing permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to any applicable third-party terms.
Modification to the Agreement
We may modify this Agreement to reflect changes in the law or changes with regard to our Service. You should examine the Agreement on a regular basis to see whether it has been modified. We will post notices of modifications to this Agreement on this page. Changes will become effective when (a) you use the Service after you become aware about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons are effective immediately. Your continued use of the Service, following notice of the changes to the Agreement, constitutes your acceptance of our amended terms and/or policies. If you do not agree to the modified Agreement, you must discontinue your use of the Service.
RubricKing will not change how Education Records are used or shared under this Agreement without advance notice and consent from a School Official or Institution.
Your representations of Lawful User of our Service
You represent and agree that you will not use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render RubricKing in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent and warrant that you (i) possess all rights necessary to provide your User Submissions and grant RubricKing the rights above and (ii) you are solely responsible for compliance with the applicable provisions of COPPA as set forth herein.
Restrictions on Your Use Of Our Service
We do our best to keep RubricKing safe, but we cannot guarantee it. We need your help to keep RubricKing safe, which includes the following commitments by you when using our Service:
Experimental and Beta Features
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of RubricKing are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly (probably) without notice.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Service.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. RubricKing EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE RubricKing TECHNOLOGY, SERVICE, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RubricKing MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS WHICH MAY HARM OR DAMAGE YOUR COMPUTER, LAPTOP, NOTEBOOK OR SMARTPHONE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL RubricKing OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RubricKing HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICE, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL RubricKing OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO RubricKing FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
Registration and Security
As a condition to using our Service, you may be required to register with RubricKing and select a password and username or provide additional contact information ("RubricKing User ID"). You must provide RubricKing with accurate, complete, and updated RubricKing User ID information. You may not select or use as a RubricKing User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. RubricKing reserves the right to refuse registration of or cancel a RubricKing User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of RubricKing.
You represent, warrant and covenant all registration information you submit is truthful and accurate.
You will indemnify, defend, and hold RubricKing, its parents, partners, subsidiaries, affiliates, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions.
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by contacting us at privacy@RubricKing.com – parents, you can also terminate your child’s account the same way, although we will need to verify your identity. RubricKing may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
a) Generally: In the interest of resolving disputes between you and RubricKing, you hereby agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration with the American Arbitration Association (“AAA”). Your consent to arbitrate any dispute with RubricKing includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. You understand and agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in any class action law suit against RubricKing.
b) Arbitration: Any arbitration between you and RubricKing will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting RubricKing.
c) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). RubricKing's address for Notice is: RubricKing LLC, PO BOX 411862, Melbourne, FL, 32941 United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or RubricKing may commence an arbitration proceeding.
d) Any arbitration hearing will take place at a location to be agreed upon in Melbourne, Florida, Unites States of America. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. RubricKing LLC shall not be liable for any failure to perform its obligations where such failure results from any cause beyond RubricKing's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable by you. RubricKing may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws provisions thereof. Unless and solely to the extent that you or your Institution have a separate written agreement with RubricKing that governs your use of the Service (in which case such agreement will control), you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RubricKing in any respect whatsoever.
1. Company’s Obligations - RubricKing LLC shall provide Tester with a access to full Software and any necessary documentation and instruct Tester on how to use it and what test data is desired by RubricKing. Upon satisfactory completion of the testing, RubricKing LLC shall furnish Tester with one free year of the premium production version of Software, contingent upon RubricKing LLC’s decision to proceed with production of Software.
2. Tester’s Obligations - Tester shall test Software under normally expected operating conditions in Tester’s environment during the test period. Tester shall gather and report test data as agreed upon with RubricKing LLC. Tester shall allow RubricKing LLC access to Software during normal working hours for inspection, modifications, and maintenance.
3. Software a Trade Secret - The software is proprietary and a valuable trade secret of the Company. It is entrusted to Tester only for the purpose set forth in this Agreement. Tester shall maintain Software in the strictest confidence. Tester will not, without Company’s prior written consent:
4. Security Precautions - Tester shall take reasonable security precautions to prevent Software from being seen by unauthorized individuals whether stored on Tester’s hard drive or on physical copies such as CD-ROMS, diskettes or other media. Tester shall log out of Software when not in active use.
5. Term of Agreement - The test period shall last from August 1, 2021 until July 31, 2022. This Agreement shall terminate at the end of the test period or when Company asks Tester to return Software, whichever occurs first. The restrictions and obligations contained in Clauses 4, 7, 8 and 9 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
6. Disclaimer of Warranty - Software is a test product and its accuracy and reliability are not guaranteed. Tester shall not rely exclusively on Software for any reason. Tester waives any and all claims Tester may have against Company arising out of the performance or nonperformance of Software. SOFTWARE IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability - RubricKing LLC shall not be responsible for any loss or damage to Tester or any third parties caused by Software. RUBRICKING LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
8. No Rights Granted - This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Software or RubricKing LLC’s trade secrets to Tester. Tester may not sell or transfer any portion of Software to any third party or use Software in any manner to produce, market or support its own products. Tester shall not identify Software as coming from any source other than RubricKing LLC.
9. No Assignments - This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
11. General Provisions