Terms and Conditions

Updated May 5th, 2021


Please also review Vision Applications, Inc.'s FERPA-Compliance Details and Privacy Policy.


Agreement between User and Vision Applications, Inc.

Vision Applications, Inc. is the developer, designer and operator of the School Wellness Screener.

Vision Applications, Inc. is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Vision Applications, Inc. constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Vision Applications, Inc. provides user health and wellness information directly to school administrators. For best optimal use of the application, we recommend that you download and use the latest version of the app. IF YOU ARE UNDER THE AGE OF 18 YOU MUST ASK YOUR PARENT/GUARDIAN FOR PERMISSION TO USE VISION APPLICATIONS, INC.

Privacy

Please review our Privacy Policy.

Children Under Thirteen

Vision Applications, Inc. collects personally identifiable information from children under the age of thirteen. Vision Applications, Inc. collects this information for the following reason(s): To allow for schools and extracurricular activities to gather wellness information.

If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.

Links to Third Party Applications/Third Party Services

Vision Applications, Inc. may contain links to other Applications ("Linked Applications"). The Linked Applications are not under the control of Vision Applications, Inc. and Vision Applications, Inc. is not responsible for the contents of any Linked Application, including without limitation any link contained in a Linked Application, or any changes or updates to a Linked Application. Vision Applications, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vision Applications, Inc. or any association with its operators.

Certain services made available via Vision Applications, Inc. are delivered by third party Applications and organizations. By using any product, service or functionality originating from the Vision Applications, Inc. domain, you hereby acknowledge and consent that Vision Applications, Inc. may share such information and data with any third party with whom Vision Applications, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of Vision Applications, Inc. users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Vision Applications, Inc. strictly in accordance with these terms of use. As a condition of your use of Vision Applications, Inc., you warrant to Vision Applications, Inc. that you will not use Vision Applications, Inc. for any purpose that is unlawful or prohibited by these Terms. You may not use Vision Applications, Inc. in any manner which could damage, disable, overburden, or impair Vision Applications, Inc. or interfere with any other party's use and enjoyment of Vision Applications, Inc. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Vision Applications, Inc.

All content included as part of the Service, such as text, graphics, logos, images, (not including the school name and logo) as well as the compilation thereof, and any software used on Vision Applications, Inc., is the property of Vision Applications, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Vision Applications, Inc. The content on Vision Applications, Inc. is not for resale. Your use of Vision Applications, Inc. does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vision Applications, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vision Applications, Inc. or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Vision Applications, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vision Applications, Inc. Content accessed through Vision Applications, Inc. in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Vision Applications, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use Vision Applications, Inc. or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vision Applications, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vision Applications, Inc. in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, located in the State of Illinois, City of Chicago. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH VISION APPLICATIONS, INC. MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VISION APPLICATIONS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN/TO VISION APPLICATIONS, INC. AT ANY TIME.

VISION APPLICATIONS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON VISION APPLICATIONS, INC. FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VISION APPLICATIONS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISION APPLICATIONS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF VISION APPLICATIONS, INC., WITH THE DELAY OR INABILITY TO USE VISION APPLICATIONS, INC. OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH VISION APPLICATIONS, INC., OR OTHERWISE ARISING OUT OF THE USE OF VISION APPLICATIONS, INC., WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VISION APPLICATIONS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VISION APPLICATIONS, INC., OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING VISION APPLICATIONS, INC.

Choice of Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of arbitration in Illinois in all disputes arising out of or relating to the use of Vision Applications, Inc. Use of Vision Applications, Inc. is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Termination/Access Restriction

Vision Applications, Inc. reserves the right, in its sole discretion, to terminate your access to Vision Applications, Inc. and the related services or any portion thereof at any time, without notice.

You also agree that no joint venture, partnership, employment, or agency relationship exists between you and Vision Applications, Inc. as a result of this agreement or use of Vision Applications, Inc. Vision Applications, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vision Applications, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Vision Applications, Inc. or information provided to or gathered by Vision Applications, Inc.. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vision Applications, Inc. with respect to Vision Applications, Inc. and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vision Applications, Inc. with respect to Vision Applications, Inc.. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Vision Applications, Inc. reserves the right, in its sole discretion, to change the Terms under which Vision Applications, Inc. is offered. The most current version of the Terms will supersede all previous versions. Vision Applications, Inc. encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

Vision Applications, Inc. welcomes your questions or comments regarding these Terms. If you believe that Vision Applications, Inc. has not adhered to this Statement, please contact Vision Applications, Inc. at: Support@SchoolWellnessScreener.com

Have a question?

We are here to answer any questions you may have about our Terms and Conditions.

Email us

Support@SchoolWellnessScreener.com