Terms of Use

The Tevera services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Services”) are owned, operated, and distributed by Tevera,LLC (referred to in these terms as “Tevera” or “we” and through similar words such as “us,” “our,” etc.), subjectto the terms and conditions of these Terms of Use (“Terms of Use”).

These Terms of Use apply to all Users, including Users who are simply viewing content available via the Services, Users utilizing free Services, and Users who have engaged in paid Services. These terms shall apply to any individual that has been granted access to the Services through their academic or professional institution or place of work (“Institution”), such as students, leadership, field staff, faculty, field site supervisors, or alumni accessing the Services as an individual (collectively, “Users,” “you” and through similar words such as “your,” etc.). Not all terms shall apply to all types of Users where specified in the Terms of Use. If you or the Institution through which you are granted access to Tevera have engaged Tevera for specific Services through a separate agreement, that agreement may control and supersede these Terms of Use, in whole or in part.

By accessing any part of the Services, you are agreeing to the below Terms of Use AND THE TERMS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use the Services. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CONTINUE TO ACCESS OR USE THE SERVICES AND DO NOT REGISTER FOR AN ACCOUNT.

We reserve the right to refuse a User’s access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Services. We will not be liable for any decision to suspend, terminate, or refuse service under any circumstances.

The Services are controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms and the Privacy Notice, we make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

1. Compliance. To ensure you remain in compliance with these Terms of Use, Tevera recommends reviewing the current Terms of Use each time you access or use the Services. All access to and use of the Services, accounts and the materials, content, information, and data contained on or provided through the Services and accounts are subject to compliance with these Terms of Use and all applicable laws, rules, and regulations. If you have any questions or comments regarding these Terms of Use or the Services, please contact Tevera at the contact information listed below.

2. General Use. The Services are made available, subject to these Terms of Use, to allow you to (i) obtain information about the Services, (ii) register for an account, and (iii) engage with the various interactive properties available on the Services. Subject to these Terms of Use, Tevera grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for the applicable purposes described in these Terms of Use and for your personal, non-commercial benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Services, and no ther rights shall be implied.

3. Visitors to the Services and account Creation. You can visit the public sections of the Services without identifying yourself or providing personal information. In order to access some features of the Services, you will have to create an account. You may not have more than one (1) account without Tevera’s permission, and you must access the Services and non-public portions of the website through your account. The security and confidentiality of your account username and password are your sole responsibility. You shall ensure that no unauthorized person shall have access to your account, username, or password and shall immediately notify Tevera of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your account as well as all fees and/or charges incurred from the use of your account, whether authorized or unauthorized. You may update your account by changing the account settings.

4. Registration Data. All of your information and data provided to Tevera in connection with registering for your account (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current, and complete. Notwithstanding anything to the contrary, you hereby authorize Tevera and its affiliates, contractors and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Tevera’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Tevera’s Privacy Notice. You are solely responsible for obtaining any necessary rights, authorizations, and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to Tevera and its affiliates, contractors, and suppliers. If you provide Tevera your email address, you hereby consent to and authorize Tevera to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages, you may opt out by contacting Tevera. Opting out of receiving Other Messages may prevent you from receiving email messages regarding updates, changes to the Services or offers.

5. Fees. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you any applicable federal, state, local, sales, use, or other applicable tax as applicable or required by your Institution in addition to the fees charged, as applicable to the Services or any order placed through the Services, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties, or similar charges, only excluding taxes based on our income. If you have been granted access to the Services through your Institution, this provision may not apply to you.

6. Institution Agreement. Some Users are granted access to Tevera through their Institution, and such access may be obtained by a separate agreement, including but not limited to a Master Services Agreement, to which the User and/or Institution may be a party (“Institution Agreement”). In the event of a conflict or inconsistency between the provisions of these Terms of Use and the Institution Agreement, the Institution Agreement may control. In particular, where a User is an employee or agent of Institution and/or any provisions of these Terms of Use violate applicable law with regard to a particular User or Institution, the Institution Agreement shall control. Where the Institution Agreement does not expressly control the relationship between Tevera and a User who is enrolled as a student with Institution (as opposed to employed by Institution), these Terms of Use shall control.

7. Limited Lifetime User Access. Where Users are initially granted access to Tevera via an Institution Agreement, some Users may be granted subsequent, lifetime access to certain, limited Tevera Services. While the Institution Agreement may define the initial scope of such User lifetime access, when a User’s relationship with an Institution terminates and/or Tevera’s relationship with Institution terminates, these Terms of Use shall exclusively govern the relationship between that User and Tevera where that User chooses to exercise the option to continue access to Tevera. These Terms of Use shall then remain in place indefinitely unless you choose to terminate your account.

8. User Content. The Services may contain User-generated or provided data, content, and materials (“User Content”). User Content may include any fieldwork tracking, hour logs, assessments, fieldwork placements, communications on community boards, coursework, User-uploaded videos, or similar content. User Content is the sole responsibility of the User that submitted that User Content. Tevera does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. Tevera does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy, or quality of any User Content. Tevera reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that Tevera is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content. You further agree that the User Content that you may generate or provide through the Services shall be truthful and not misleading. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access your Content). You hereby grant to Tevera and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, your submitted User Content and your name, voice and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Tevera’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Tevera’s Privacy Notice. You are solely responsible for obtaining any necessary rights, authorizations, and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to Tevera and its affiliates, contractors, and suppliers.

9. Releases. You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) Tevera does not control the acts, omissions, policies, or procedures of other Users of the Services. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content and materials made available through the Services, and acknowledge that you are using the Services and such other data, content, and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, Tevera is not liable for, and you hereby waive, release, relinquish and forever discharge Tevera, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “Tevera Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue Tevera and the other Tevera Parties or assist any other person or entity in any suit against Tevera and the other Tevera Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.

10. Ownership and Intellectual Property. Except for certain User Content as described herein, all material included on the Services, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You acknowledge and agree that as between you and Tevera, Tevera is and shall remain the exclusive owner of the Services, Tevera’s data, information, and Content (expressly excluding User Content as otherwise described in these Terms of Use), and all patent, copyright, trade secret, trademark, and other intellectual property rights therein. In addition, the compilation and presentation of the Content on the Services is subject to copyright owned exclusively by us. Content on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,   licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Services for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. You shall not challenge or assist any third party to dispute or challenge Tevera’s or its licensors’ ownership of such rights or the validity or enforceability of such rights. Tevera expressly reserves all rights not expressly set forth in these Terms of Use. If you find or suspect intellectual property infringement with respect to the Services or User Content, believe that the Services or any User Content otherwise violate these Terms of Use, or have questions, complaints or claims regarding the Services, please immediately notify Tevera using the contact information located below. Upon receiving such information, Tevera will investigate the matter, in its sole discretion.

11. Prohibited Uses. In addition to uses otherwise prohibited by Tevera, these Terms of Use or applicable law, you shall not, and you shall not allow any third party to, do any of the following:

● Download, access, use or register for the Services if you are under eighteen (18) years old.
● Change or delete any copyright or proprietary notices from the Services.
● Use the Services other than as permitted by these Terms of Use and that you will not use the Services in a manner inconsistent with the original intent of its design.
● Use the Services or features to upload medical records or protected health information, except in limited circumstances where specifically defined for video assessment services.
● To impersonate or attempt to impersonate Tevera, a Tevera employee, another authorized User, or any other person or entity.
● Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s account.
● Access or use the Services by artificial means or in a manner that, in Tevera’s sole discretion, would inflict an excessive load on Tevera’s or its suppliers’ hardware or software.
● Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Tevera or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Tevera or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or Tevera’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or Tevera’s or a third
party’s hardware or software.
● Use the Services for any benchmarking, monitoring, or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
● Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure, or organization), modify or create a derivative work of the Services by any means whatsoever.
● Distribute, disclose, or allow use of any portion of the Services or your account in any format through any time sharing device, service bureau, network or by any other means, to or by any third party.
● Use or access any data, content, or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
● Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state, or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and accept responsibility for compliance with laws of your jurisdiction.
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Tevera, may harm Tevera or Users of the Services or expose them to liability.

12. Accessibility and Updates. You are solely responsible for providing, maintaining, and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access, and use the Services. If you have been granted access to the Service through your Institution, please direct accessibility questions to the Institution.

13. Third Party Content and Products. The Services may contain links to third party content and other third-party websites that are not owned or controlled by Tevera. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Tevera. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information, or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 of or reliance on any Third-Party Content.

Access to the Services may include hardware, software, and other proprietary materials from Tevera’s third party suppliers that are subject to license rights, terms, and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Services are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If Tevera’s rights provided by a third-party supplier are limited, suspended, or terminated for any reason, your rights shall also be so limited, suspended or terminated. To the extent of any conflict between the terms of these Terms of Use and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.

14. Warranties. You represent and warrant that (i) these Terms of Use constitute your legal, valid and binding obligation enforceable against you in accordance with their terms, subject to the principles of equity, bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, (ii) you have all requisite authority to enter into these Terms of Use, (iii) your agreement to these Terms of Use and performance or compliance with the terms of these Terms of Use will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you or your affiliates are bound or to which your properties are subject, (iv) you are the lawful owner of any submitted User Content and your Registration Data, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload and make available in submitted User Content and your Registration Data and license it as specified herein, and (v) your submitted User Content and your Registration Data will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property or other rights of a third party.

15. Termination and Duration. Access to the Services is provided at the discretion of Tevera. Tevera has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if Tevera believes that you are in violation of any of the provisions of these Terms of Use, your account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete. Tevera shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the User Content from the Services, in its sole discretion. In the event you desire to terminate your account you may do so through the Services or by contacting Tevera as set forth below. Upon termination of your account, all of the information associated with your account may be retained or deleted without notice, consistent with applicable law. Tevera shall have no liability for such deletion. Your account access may change based on enrollment or employment status with your Institution. For questions about the duration of access to the Services, please contact your Institution or employer.

For users with lifetime access following departure from an Institution, your access to the Services and the applicability of these Terms of Use shall remain in effect until you or Tevera terminates your access.

16. Indemnification. To the fullest extent permitted by law, you shall indemnify, defend and hold Tevera and the other Tevera Parties harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms of Use, (ii) your access to and use of the Services, and/or (iii) your Content and your Registration Data; provided, the foregoing provisions of this Section shall not apply to the extent such losses, costs and expenses arise out of the gross negligence or willful misconduct of Tevera. For the avoidance of doubt, this paragraph shall apply as between you and Tevera and does not impact the relationship  Tevera may have with your Institution.

17. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, TEVERA DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THE SERVICES, USER CONTENT OR ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE SERVICES AND USER CONTENT ARE PROVIDED ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER CONTENT, THESE TERMS OF USE, OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TEVERA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS.

18. Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By using the Website, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use the Website.

19. Force Majeure. Tevera shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, pandemics, epidemics, government regulations, fire, communication line failures, power failures, earthquakes, and other disasters.

20. Personal Information. Tevera may collect your personal and non-personal information when you download, register for, access and/or use the Services. You agree that Tevera may collect, process, transfer, use and disclose your information in accordance with Tevera’s Privacy Notice which is incorporated herein by reference and deemed a part hereof.

21. Feedback. If you submit any ideas, concepts, feedback or related information concerning the Services to Tevera through the Services or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to Tevera, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.

22. Assignment. You may not assign or transfer these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of Tevera, and any attempted assignment or transfer without Tevera’s prior written consent shall be null and void. Tevera may assign these Terms of Use to an affiliate or the surviving entity or its successor in the event of its merger or the sale of all or substantially all of its stocks or assets. All the terms and provisions of these Terms of Use shall be binding upon and shall ensure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

23. Governing Law. These Terms of Use shall be governed by, construed, and enforced according to the laws of the State of Wisconsin, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms of Use shall be brought only in the state or federal courts of St. Croix County, Wisconsin, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same.

24. Contact Information. Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail, in each case to the respective party as set forth below.

To Tevera:      Tevera, LLC
——————–Attn: Compliance
——————–2321 Jack Breault Drive, Suite 300
——————–Hudson, WI 54016
Email:             compliance@tevera.com

To you:           As specified in your account information.

25. Miscellaneous. Section headings are not to be considered part of these Terms of Use. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise set forth herein, if any provision of these Terms of Use is found void or unenforceable, this will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as stated herein, nothing in these Terms of Use is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms of Use. Any and all rights and obligations contained in these Terms of Use which by their nature and/or context are intended to survive termination of these Terms of Use shall so survive, including, but not limited to, perpetual license grants, indemnification, limitations of liability and disclaimers. No breach or right under these Terms of Use may be waived unless in writing signed by the waiving party.

26. Changes to Terms of Use. Tevera may modify these Terms of Use from time to time by posting an updated version of these Terms of Use and changing the “Date Last Modified” above. Such changes shall be effective immediately upon posting updated Terms of Use. If you continue to access or use the Services, you accept such modified terms. If you do not agree to such changes, do not continue to access or use the Services.