Terms of Service

This Terms of Service (ToS) applies to Licensee and User engagement (User) with the Feedback Loop platform, getfeedbackloop.com and any other websites (collectively the “Site”) operated by Feedback Loop Corporation, (Feedback Loop) as well as all services provided by Feedback Loop (the “Services”). If you do not agree to this ToS, please discontinue using the Site and Services.

This ToS may change over time. If we make minor changes without materially changing your rights, we will update this Terms of Service page. We will notify Users by email or by presenting users with a new Terms of Service to accept if we make a modification that materially changes user rights. When using the Site or Services after a modification is posted, users are confirming that they accept the modified terms.

If Users have a written agreement with Feedback Loop that states that i supersedes this Terms of Service, then to the extent there is any conflict between the documents, the provisions in the agreement apply.

Feedback Loop prioritizes User privacy and does not permit third parties to bulk collect student data or other information from the Site through the use of automated scripts or similar methodologies. For more information, refer to our Privacy Policy.

The Feedback Loop Site is accessible to students of all ages (“Students”) and Users included in a Feedback Loop license. However, children under the age of 18 are required to have parental or guardian consent to access or use the Feedback Loop Site and its Services. A parent or guardian must further acknowledge both on the User’s behalf and individually that they are not using the Site or the Services, nor permitting the child’s use of the Site or Services, in any manner that would violate the rules of User Conduct, (discussed below) and the provisions of these Terms of Service, or the Privacy Policy.

Services

Feedback Loop offers a web-based tool used by Universities to send and manage “360” peer feedback among student teams. The results of these peer feedback surveys can be shared, in an anonymized format, with students to help them understand their performance in their teamwork-based learning engagement. These Services include the Feedback Loop Site and may also be located on third-party websites and portals as Feedback Loop may be integrated with a school’s Learning Management System (LMS). Feedback Loop is not legally responsible for, and does not warrant, represent or guarantee these third-party websites and portals. Should Users have a dispute with a third party, Feedback Loop is in no way legally responsible for any claims in law, equity, demands or actual, consequential, incidental, nominal, special or punitive damages or any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.

Content and User Conduct

Ownership of the content contained on the Feedback Loop Site is governed by the Privacy Policy. Feedback Loop does not own the content generated (“Content”) in or submitted to Feedback Loop unless specifically stated otherwise. Users license the Content to Feedback Loop as set forth below for the purposes of displaying and distributing to a licensee’s Users. By submitting Content in connection with using the Services or Site, (and unless otherwise agreed to in a subsequent agreement) Users automatically grant, or warrant that the owner of the Content has expressly granted, to Feedback Loop the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distrivute, perform and display that Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technolgy now known or later developed. Feedback Loop generally does not screen Content, but has the right to remove any Content vioalating these Terms and conditions or is otherwise objectionable.

Users, and not Feedback Loop, shall be entirely responsible for the content that they upload or otherwise transmit using the site or Services. Users may not use the Site or Services to do any of the following:

1. Upload or otherwise transmit any Content, that, under the circumstances, in Feedback Loop’s good faith judgement is, or is likely to be perceived by an intended recipient or target as unlawful, harmful, threatening, abusive, harassing, “stalking,” tortious, defamatory, vulager, obscene, libelous, or invasive of another’s privacy;
2. Upload or otherwise transmit any content that Users do not have a right to transmit under any law or contractual relationship, or that infringes on any intellectual property or propriatary rights of any other person or entity;
3. Impersonate any person or entity a User does not have a right to, or falsely state or otherwise misrepresent a User’s affiliation with any of the aforementioned;
4. Upload or otherwise transmit any Content deemed harmful to minors in any way;
5. Upload or otherwise transmit unsolcited or unauthorized advertising, promotional materials, “junk mail,” or any other form of solicitation to any person, Student or entity;
6. Transmit any material containing software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
7. Interfere with or disrupt use of the Site or any Services or servers or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of those networks;
8. Circumvent or modify (or assist any other person or entity to do the same) any security or use restrictions of the Site or Services; or
9. Otherwise access or use the Site or Services in any manner inconsintent with or ocntrary to any applicable laws, rules or regulations.

Violating any of these restrictions may result in User’s Content being deleted, and/or suspension or termination  from using the Services or Site, and the User’s indemnifying Feedback Loop for any damages as set forth in INDEMNIFICATION BELOW.

Copyright, License and Information

All materials on this Site, including, but not limited to, the design, text, search results, graphics, pictures, sound files and any other files, any software used to operate the Site, and the selection, arrangement and compilation of information (collectively, the “Materials” are copyrighted by and are proprietary to Feedback Loop and/or its licensors, ALL RIGHTS RESERVED. By accessing or using the Site or Services, Users are hereby granted a limited, non-assignable, and non-exclusive license to access and use this Site and Services herein and to print the Materials for your personal, informational and non-commercial use only. Users may not reproduce or republish the Materials in any way without our express written permission. We expressly reserve the right, without notice and at our sole discretion, to terminate a User’s license to access or use the Materials and/or prevent or block the User from future use or access.

Termination, Discontinuance and Modification

Under certain circumstances, Feedback Loop explicitly reserves the right to terminate User’s access to its Services and/or Site, in whole or in part, immediately and without notice. Reasons for such termination include, but are not limited to:

1. User’s breach of the Terms of Service or other agreements and/or guidelines incorporated herein by reference;
2. Engagement in conduct that is deemed by Feedback Loop, in its sole good faith judgement, to be fraudulent or constituting an illegal act;
3. A request made by a User (self-selected termination);
4. Termination, discontinuance or material modification of the Services or a portion thereof by Feedback Loop; or
5. Security or technical interference.

Any termination by Feedback Loop of a User’s account or access to Services may include, without limitation:

1. Removal of access to any and all offerings comprising the Services;
2. Deletion of a User’s account, including, but not limited to all historical transaction data and summaries; and
3. A prohibition against a User’s ability to use the Services at any time in the future.

Users expressly acknowledge and agree that any termination for cause is in Feedback Loop’s sole and exclusive discretion and that anytermination of a User’s license toa ccess or user the Materials and/or to prevent or block Users from future access or use of the Materials.

To maintain a User’s license, a User must not do any of the following (which is not an all-inclusive list):

1. Publish, display, or distribute to any third-party, any Materials, including reproduction on any computer network, broadcast or publications media;
2. Market, sell or make commercial use of the Site, Services or Materials;
3. Systematically collect or use any data spiders, or any other bulk-gathering or extraction methods;
4. Reverse engineer any portion of the source code of the Site
5. Make derivative uses of the Site, Services or Materials;
6. Participate in or undertake any actions or practices that are not aligned with the spirit of intent of these Terms of Service or do anything that may be deemed commercially unreasonable.

Excluding the rights set forth above, Users are not conveyed, granted or otherwise promised any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of Feedback Loop or any third-party. Unauthorized use of the Site or Services or the breach of any license granted under these Terms of Service will immediately terminate a User’s rights under the license. Any unauthorized use may be in violation of federal, state, or local law, regulations or guidelines. Any such violation is soley the User’s responsibility and they shall indemnify Feedback Loop for any claim in law or equity that may be brought against us as a result of  a User’s unauthorized use.

Feedback Loop may retain and use all of a User’s information in accordance with the Privacy Policy.

Trademarks and Service Marks

Feedback Loop and any and all of our logos related thereto are either trademarks or service marks of Feedback Loop. Any and all logos of third parties that may be on or available through the Site are the trademarks or services marks of the respective third parties. Any such trademarks or services marks (collectively, the “Marks”) shall not be copied, imitated, or used in whole or in part without the prior written consent of the party owning the Marks. You shall not use any Meta tags or any type of ‘hidden text’ utilizing any party’s Marks without the prior written consent of the owner of the Marks.  All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Feedback Loop or a third party and you shall not copy, imitate, or use the same in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Site does not constitute or imply an endorsement, sponsorship, recommendation, approval or otherwise by Feedback Loop.

Links to Other Websites

The Services available through the Site may include links to third-party websites. Such third-party websites are NOT under the control of Feedback Loop. Feedback Loop provides these links only as a convenience, and the inclusion or availability of any third-party website through the Site is in no way intended to be or to imply an endorsement, affiliation, or approval of by Feedback Loop. Feedback Loop is not responsible or liable for any content or otherwise of any third-party made available through the Site. It is solely the User’s responsibility to make the necessary investigations they deem reasonable or appropriate before proceeding with any transaction with any third party. Upon leaving the Site, these Terms of Service no longer govern the new website that User’s may be visiting. It is solely the User’s responsibility to locate and review all applicable terms and conditions and privacy policies of any third-party websites and Feedback Loop is not liable for your failure to do so.

Warranties and Discplaimers

THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, AND/OR THE SERVICES AND THE INFORMATION FOUND THEREON ARE AT THEIR OWN RISK. FEEDBACK LOOP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. FEEDBACK LOOP DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE ON THE SITE ARE ACCURATE, ERROR-FREE OR COMPLETE. FEEDBACK LOOP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE INFORMATION, TEXT OR OTHERWISE ON THE SITE.

FEEDBACK LOOP AND ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, AND EMPLOYEES ARE NOT RESPONSIBLE FOR, AND USERS ARE SOLELY AND EXCLUSIVE RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES, THE SITE, OR ANY OF THE MATERIALS ACCESSED VIA DOWNLOAD OR OTHERWISE, FROM THE SITE OR OTHERWISE FROM THE SERVICES.

ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED VIA DOWNLOAD OR OTHERWISE, THROUGH THE SITE OR SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.

FEEDBACK LOOP AND ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, AND EMPLOYEES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT:

1. THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS PROVIDED TO YOU THROUGH THE SERVICES ARE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR OTHER DEFICIENCIES OF ANY KIND;
2. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND
3. ANY ERRORS IN THE SERVICES, SITE OR THE SOFTWARE WILL BE CORRECTED.

NO INFORMATION, ADVICE, INSTRUCTION REGARDLESS OF THE FORM OF COMMUNICATION PROVIDED TO USERS FROM FEEDBACK LOOP, WHETHER THROUGH THE SERVICES OR FROM FEEDBACK LOOP’S OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, OR EMPLOYEES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.

Limitation of Liability

IN NO EVENT SHALL FEEDBACK LOOP, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, MANAGERS, AFFILIATES, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN LAW OR EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, SERVICES OR MATERIALS, OR INFORMATION PROVIDED BY THIRD PARTIES.

NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OR CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT BE APPLICABLE TO A USER, AS SOME JURISDICTIONS MAY NOT PERMIT IT. HOWEVER, IN SUCH JURISDICTIONS, TO THE EXTENT PERMITTED, FEEDBACK LOOP DISCLAIMS LIABILITY IN ACCORDANCE WITH THE FIRST PARAGRAPH OF THIS LIMITATION OF LIABILITY SECTION.

Indemnification

TO THE EXTENT NOT PROHIBITED BY LAW, USERS EXPRESSLY ACKNOWLEDGE AND AGREE, AS ADDITIONAL CONSIDERATION FOR YOUR ACCESS AND USE OF THE SITE, SERVICES AND MATERIALS, TO FULLY INDEMNIFY AND TO HOLD HARMLESS FEEDBACK LOOP AND ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, AND EMPLOYEES FROM AND AGAINST ANY DEMAND OR CLAIM, WHETHER IN LAW OR EQUITY, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE SERVICES, USER’S CONNECTION TO THE SERVICES, USERS VIOLATIONS OF THESE TERMS OF SERVICES, ANY CONTENT SUBMITTED BY A USER OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES, OR USER’S VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES TO BE FULLY RESPONSIBLE, AND TO PAY, FOR ANY ROYALTIES OR OTHER FEES DUE TO ANY PERSON, BUSINESS, INSTITUTION OR OTHER ENTITY, BY REASON OF ANY CONTENT THAT A USER UPLOADS OR OTHERWISE SUBMITS TO THE SITE.

Choice of Law, Mandatory Arbitration, Waiver, Claims

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO CONFLICTS OF LAW. Feedback Loop’s failure to exercise or enforce any right or provision under these Terms of Services shall not be deemed a waiver of any right to enforce such right or provision in the future. If any provision or right contained in these Terms of Services is found by a court of competent jurisdiction to be invalid, such provision or right shall be deemed severed from these Terms of Service and the remainder of these Terms of Service shall continue to be binding upon you to the maximum extent allowed by law.

ANY AND ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE SETTLED IN BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). ANY AND ALL CLAIMS OR CONTROVERSIES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND MUST NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY OTHER CLAIM OR CONTROVERSY OF ANY OTHER PARTY. SUCH ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN COLUMBUS, OHIO AND ANY JUDGMENT RENDERED MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR FEEDBACK LOOP MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN OHIO AS MAY BE NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR FEEDBACK LOOP.

WITH RESPECT TO ANY LITIGATION BASED ON, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS, THE PARTIES HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE OF OHIO, LOCATED IN FRANKLIN COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO (AND ANY COURTS OF APPEAL RESPECTIVELY THEREFROM). THE PARTIES HEREBY EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE, INCLUDING, WITHOUT LIMITATION, THAT ANY CLAIM OR LITIGATION ARISING THEREFROM HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

REGARDLESS OF ANY STATUTE, LAW, REGULATION OR OTHERWISE TO THE CONTRARY, ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THE ACCESS TO OR USE OF THE SERVICES, SITE OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CONTROVERSY AROSE. FAILURE TO FILE SUCH CLAIM WITHIN THE ALLOTTED ONE YEAR SHALL RESULT IN SUCH CLAIM OR CONTROVERSY BEING FOREVER BARRED.

Rights Cumulative

The rights and remedies provided in this Terms of Service and any agreements incorporated herein by reference and by applicable law are cumulative and are in addition to and not exclusive of any other rights and remedies provided by law.

Entire Agreement

These Terms of Service and the related Privacy Policy together constitute the entire agreement between the parties with respect to Feedback Loop.

Successors and Assigns

Users may not assign any of their rights or responsibilities hereunder without the prior written consent of such assignment from Feedback Loop, which may be withheld for any reason or no reason. Feedback Loop may assign these Terms of Service to any successor or to any purchase of all or subsantially all of Feedback Loop’s assets without notice.

Relationship of the Parties

Nothing in this Terms of Service is to be construed as creating an agency, partnership, joint venture or employment relationship between the parties.

Headings

The section headings contained herein are included for convenience and ease of reference only and shall not limit or otherwise affect the terms of this Terms of Service.