Organization-Specific Appendix

The terms of the Organization-Specific Supplement (“Organization-Specific Appendix”) below supplement and amend Organization’s Contract (as defined in our Organization Terms of Service) if Organization falls into the corresponding category of Organization. If there is any conflict between the Organization-Specific Supplement and the Contract, the applicable terms in the Organization-Specific Supplement will prevail. Nothing in this Organization-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.

I. U.S. Government Organizations

If Organization is a U.S. government or U.S. public entity (or use of the Service is for the U.S. Government), the terms of the Organization-Specific Supplement in this Section I apply.

• A. Use By or For the U.S. Government. The Service is a “commercial item,” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related Documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
• B. Indemnification, Auto-Renewal, Venue, Legal Fees: The sections in the Contract titled “Governing Law,” “Auto-renewal,” “Venue; Waiver of Jury Trial; Fees,” and “Organization’s Indemnification of Us” are hereby waived to the extent they are inconsistent with federal law.
• C. No Endorsement: We agree that Organization’s seals, trademarks, logos, service marks, trade names, and the fact that Organization has a presence on one of our Sites and uses our Service, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by Organization or by any other element of the U.S. Government, or are considered by Organization or the U.S. Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Organization, or for links to or promotion of such pages, we agree not to display any Organization or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by the Organization or by other relevant federal government authority. We may list Organization’s name in a publicly available customer list on a Site or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name.

II. State/Provincial or Local Government Organizations

This Section II applies to Organization if Organization is a state or local government, but only to the extent the Service is being used in an Authorized User’s official capacity as a state or local government official. The sections in the Contract titled “Governing Law,” “Venue; Waiver of Jury Trial; Fees,” and “Organization’s Indemnification of Us” will not apply to Organization only to the extent Organization’s jurisdiction’s laws prohibit Organization from accepting the requirements in those sections.

III. Healthcare Organizations

This Section III applies to any Covered Entity as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), unless Organization has entered into a written agreement with us to the contrary. Organization acknowledges that we are not a Business Associate or subcontractor (as defined in HIPAA) and that the Service is not HIPAA compliant. Organization must not submit, collect or use any “personal health information” as defined in 45 CFR §160.103 (“PHI”), with or to the Service. The Organization agrees that we have no liability for PHI received from Organization, notwithstanding anything to the contrary herein.

IV. Education Professional Organizations

If Organization is a school or educator in the United States and wants its students, who are over the age of 13, to use the Service, Organization is responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means Organization must notify those students’ parents/guardians of the personally identifiable information that it will collect and share with us and obtain parental/guardian consent before its students register or use the Service. When obtaining such consent, Organization should provide parents/guardians with a copy of our Privacy Policy. Organization must keep all consents on file and provide them to us if we request them. If Organization is located outside of the United States, we will rely upon the Organization to obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to Organization’s and its students’ use of the Service, Organization will comply with such laws.

Contacting Chalk & Wire Learning Assessment Inc. – The owners and developers of THE SERVICE (MYMANTL)

Please also feel free to contact us if you have any questions about MyMantl’s Organization-Specific Supplement. You may contact us at [email protected] or at our mailing address below:

Chalk & Wire Learning Assessment Inc.
1565 Point Abino Road South
Ridgeway, Ontario, Canada
L0S 1N0