Thanks for using the Mastery Portfolio. The Mastery Portfolio is a service provided by Mastery Portfolio LLC. ("Mastery Portfolio", "we" or "us") These Terms of Service (“Terms”) apply to your access to, and use of, the web platform at masteryportfolio.com and other "Mastery" products and services (collectively, the “Services”). By using our Services, you are agreeing to these terms of service (“Terms”). Please read them carefully.
Thanks for using the Mastery Portfolio. The Mastery Portfolio is a service provided by Mastery Portfolio LLC. ("Mastery Portfolio", "we" or "us")
These Terms of Service (“Terms”) apply to your access to, and use of, the web platform at masteryportfolio.com and other "Mastery" products and services (collectively, the “Services”). By using our Services, you are agreeing to these terms of service (“Terms”). Please read them carefully.
You are responsible for your use of the Services and for any consequences thereof. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or any of its authorized users violate these Terms. You may use the Services only if: (i) you can form a binding contract with Mastery Portfolio; (ii) you are an educator, student under 13 years of age that has received direct consent from a parent or guardian to use the Services, student over 13 years of age or parent of a student; and (iii) you are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only access or use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Mastery Portfolio may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
In consideration of your use of the Services, you agree to (a) maintain and promptly update your general account information; (b) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (c) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Mastery Portfolio account. Mastery Portfolio cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Please be aware that Mastery Portfolio does not verify the accuracy any information available on the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Mastery Portfolio be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
All right, title, and interest in and to the Services and any content available on the Services, excluding Student Information, are and will remain the exclusive property of Mastery Portfolio and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Mastery Portfolio reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Mastery Portfolio, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mastery Portfolio’s computer systems, or the technical delivery systems of Mastery Portfolio providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mastery Portfolio (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Mastery Portfolio (NOTE: scraping the Services without the prior consent of Mastery Portfolio is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at:
3900 Key Tower
127 Public Square
Cleveland, Ohio 44114
Mastery Portfolio will send advance invoices in accordance with the billing cycle chosen during sign up or agreed upon during consultation with one of Mastery Portfolio’s agents. In order to begin receiving Services, a Mastery Portfolio order form must be signed by your authorized representative and accepted by Mastery Portfolio. Mastery Portfolio will send the first invoice thirty (30) days after Services begin, or on the date specified in the accepted order form. All invoices must be paid within sixty (60) days or your Services are subject to cancellation. If you cancel the Services for a competing service, you will be refunded for whole months unused in a billing cycle. No partial month refunds can be made. In order to treat everyone equally, no exceptions will be made.
The price structure in place at the time of sign up is guaranteed until the end of the current school year (July 1) regardless of the time you signed up to use the Services. After July 1, the subscription fees will adjust to Mastery Portfolio’ current rate if the annual fee for Services increased.
Mastery Portfolio will use commercially reasonable efforts to make the Mastery Portfolio platform available 99% of the time. In the event Mastery Portfolio does not meet the goal of 99% availability in a given year, you will be eligible to receive a Service Credit.
You are granted a limited, nonexclusive right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Mastery Portfolio or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use the Mastery logo or other proprietary graphic of Mastery Portfolio to link to the Services without the express written permission of Mastery Portfolio.
Mastery Portfolio makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of Mastery Portfolio, and Mastery Portfolio is not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. Mastery Portfolio provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Mastery Portfolio of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
The Services may include discussion forums, blogs, or other interactive features or areas in which you or other users may create, post, transmit, access or store content, including but not limited to text, files, folders, music, sound, photos, videos, graphics, code, items or materials (collectively, “User Content”). You understand that your User Content may be viewable by others, including, in some instances, by the public. You agree that you are solely responsible for your User Content and for your use of such interactive features or areas, and that you use them at your own risk.
You retain all ownership rights in the User Content you submit to Mastery Portfolio. By submitting or posting User Content through the Services, you grant Mastery Portfolio a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (a) in connection with the Services and (b) in an anonymized, de-identified or aggregated form for marketing, research and analytical purposes. By submitting or posting User Content through the Services, you represent and warrant that (i) such User Content is non-confidential; (ii) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (iii) the User Content is accurate and not misleading or harmful in any manner; and (iv) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, or regulation.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any of the following:
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
Mastery Portfolio is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Mastery Portfolio responsible or liable for any associated loss, damage, injury, or harm. Enforcement of these Terms is solely in Mastery Portfolio’s discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Mastery Portfolio’s right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Mastery Portfolio is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Mastery Portfolio has no obligation to screen, edit or monitor any User Content, Mastery Portfolio reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Mastery Portfolio and the Services to Mastery Portfolio (collectively, “Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Mastery Portfolio. Mastery Portfolio will own exclusive rights, including all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign all right, title, and interest in and to such Feedback to Mastery Portfolio.
Please read this section carefully since it limits the liability of Mastery Portfolio and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Mastery Portfolio Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE MASTERY PORTFOLIO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Mastery Portfolio Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Mastery Portfolio users or contributors, including without limitation, any use of data in violation of applicable law or a data subject’s rights; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Mastery Portfolio Entities or through the Services, will create any warranty not expressly made herein.
Mastery Portfolio reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Mastery Portfolio. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
B. Limitation of Liability
IN NO EVENT SHALL THE MASTERY PORTFOLIO ENTITIES BE LIABLE TO YOU FOR (A) ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE MASTERY PORTFOLIO ENTITIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MATERY PORTFOLIO’S RECORDS, PROGRAMS OR SERVICES, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING THE ACTIONS OF OTHER USERS OF THE SERVICES OR MASTERY PORTFOLIO’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MASTERY PORTFOLIO ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS PAID BY YOU TO MASTERY PORTFOLIO OR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Mastery Portfolio Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms or applicable law when using the Services, including without limitation, FERPA, COPPA or other applicable data privacy law; (2) your failure to obtain parental consent before allowing a child under 13 years of age to access the Services; (3) your interactions with any other Mastery Portfolio user; (4) any User Content, Student Information or other data you upload to the Services; and (5) any activity in which you engage on or through the Services
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Mastery Portfolio AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Mastery Portfolio.
You and Mastery Portfolio agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Mastery Portfolio are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Mastery Portfolio agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Mastery Portfolio shall be sent to email@example.com. You and Mastery Portfolio further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Columbus, Ohio; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts resident in Columbus, Ohio have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Ohio and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Mastery Portfolio WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
You may not use or otherwise export or re-export the Services, except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
The Terms may be terminated at any time, for any reason by mutual agreement of the parties. You may terminate the Services for convenience upon thirty (30) days’ prior written notice to Mastery Portfolio. Notwithstanding any of these Terms, Mastery Portfolio reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.