Vista Learning, NFP
Terms of Use
Last Modified: 4/1/2026
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM VISTA LEARNING, NFP, INCLUDING VIA THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM VISTA LEARNING, NFP, INCLUDING VIA THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- ACCEPTANCE OF THE TERMS OF USE
These Terms of Use are entered into by and between You and Vista Learning, NFP ("Vista Learning," the "Company," "we," "us," or "our"), a not-for-profit corporation incorporated in the state of Illinois, United States, and is described as a public charity under section 501(c)(3) of the United States Internal Revenue Code. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use") govern your access to https://vistalearning.org including any content, functionality, and services offered on or through the “Vista Learning” website (https://vistalearning.org), the “EvaluWise” website (https://www.evaluwise.org), (collectively, “Websites”) and the EvaluWise - Teacher Evaluation mobile applications (“Apps”) (Websites and Apps collectively, “Platforms”) and includes your use of all the materials, programs, and branding from the Platforms, whether as a guest, Subscriber, or Authorized User (collectively “user”).
Please read the Terms of Use carefully before you start to use the Platforms. By using the Platforms or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://vistalearning.org/about-us/policies, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platforms.
- DEFINITIONS
2.1 Administrator
“Administrator” shall mean a Subscriber (as defined in Section 2.8) with authority to designate additional Authorized Users and, or Administrators and commit the Subscriber to additional services from Vista Learning.
2.2 Authorized User
“Authorized User” shall mean an individual Subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Services who have been added to the account as users.
2.3 Confidential Information
“Confidential Information” shall mean the Content (as defined in Section 2.4) and any information, technical data, or know-how considered proprietary or confidential by either party to these Terms of Use including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of these Terms of Use, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises.
2.4 Content
“Content” shall mean any information, including but not limited to evaluation rubrics, performance review notes, and performance review summaries, that you upload or post to the Services and any information provided by you to Vista Learning in connection with the Services, including, without limitation, information about your Authorized Users or Registered Clients.
2.5 Primary Subscriber
“Primary Subscriber” shall mean the Subscriber who initiated the Services offered by Vista Learning and is assumed by Vista Learning to have the sole authority to administer the subscription.
2.6 Services
“Services” means any software or services provided by Vista Learning, including but not limited to the Websites, EvaluWise and the EvaluWise – Teacher Evaluation mobile applications.
2.7 Subscriber
“Subscriber” shall refer to the purchaser of the Services provided by Vista Learning and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
2.8 Other Terms
Other terms defined herein have the meanings so given them.
- QUALIFICATIONS FOR USE
The Platforms are offered and available to users who are 18 years of age or older. By using the Platforms, you represent and warrant that you are of legal age to form a binding contract. If you do not meet all of these qualifications, you must not access or use the Platforms.
- CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platforms thereafter. However, any changes to the dispute resolution provisions set out in Section 26 herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites.
Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
- ACCESSING THE PLATFORMS AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platforms, or entire Platforms, to users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Platforms.
- Ensuring that all persons who access the Platforms through your internet connection are aware of these Terms of Use and comply with them.
To access the Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, and complete. You agree that all information you provide to register with the Platforms or otherwise, including, but not limited to, through the use of any interactive features on the Platforms, is governed by our Privacy Policy https://vistalearning.org/about-us/policies, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platforms or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
- LIMITED LICENSE AND USE OF THE SERVICES
Subscriber is granted a revocable, non-exclusive, non-transferable, limited license to access and use the Services.
Vista Learning does not review or pre-screen the Content and Vista Learning claims no intellectual property rights with respect to the Content.
Authorized Users who configure the Services to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content (“Public Content”). It is the responsibility of the Administrator to determine if the Services being shared are appropriate for each Authorized User. Vista Learning reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Content that violates the terms of these Terms of Service, including, but not limited to, removal of such Content.
Subscriber grants to Vista Learning a non-exclusive, royalty-free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing Vista Learning’s obligations under these Terms of Use. Such rights shall include permission for Vista Learning to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with Section 8.
- ACCESS TO THE PLATFORMS
Subscriber is only permitted to access and use the Services if he or she is an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Services.
The email address provided by each Authorized User shall be utilized as a unique identifier to access and use the Services (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
The initial Administrator shall be the Primary Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.
Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
As between Vista Learning and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber, provided that nothing in these Terms of Service represent ownership of any Content which is subject to a license or sub-license granted by a third-party.
All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services are strictly prohibited.
- CONFIDENTIALITY
Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under these Terms of Use.
Vista Learning and any third-party vendors and hosting partners it utilizes to provide the Services shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under these Terms of Use; (b) in compliance with Section 9 of these Terms of Use, or (c) as otherwise authorized by you in writing.
Vista Learning maintains that its primary duty is to protect the Content to the extent the law allows. Vista Learning reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
If Vista Learning is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by these Terms of Use, then Vista Learning will provide Subscriber with prompt written notice (to the extent permitted by law) prior to such disclosure so that the Subscriber may seek a protective order or other appropriate relief. Subject to the foregoing sentence, Vista Learning may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose
- VISTA LEARNING INTELLECTUAL PROPERTY RIGHTS
The Platforms and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Vista Learning Content”) are owned by Vista Learning, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platforms for your personal or organizational, non-commercial use only, or otherwise as subject to separate agreement with Vista Learning. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platforms, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal or organizational, non-commercial use, or otherwise as subject to separate agreement with Vista Learning, and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or organizational, non-commercial use, or otherwise as subject to separate agreement with Vista Learning, provided you agree to be bound by Vista Learning’s end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Platforms.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platforms or any Services or materials available through the Platforms, except as otherwise provided under separate agreement with Vista Learning.
If you wish to make any use of material on the Platforms other than that set out in this Section 9, please address your request to our email address as set forth in Section 33 herein.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms of Use, your right to use the Platforms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platforms or any content on the Platforms is transferred to you, and all rights not expressly granted are reserved by Vista Learning. Any use of the Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
- TRADEMARKS
The Vista Learning name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of Vista Learning or its affiliates or licensors. You must not use such marks without the prior written permission of Vista Learning. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- PROHIBITED USES
You may use the Platforms only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platforms:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any Content, whether in audio, video, graphic, written, or any other medium, or to communicate verbally or visually in any way that does not comply with the Content standards, as set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Vista Learning, a Vista Learning employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platforms, or which, as determined by us, may harm Vista Learning or users of the Platforms, or expose them to liability.
Additionally, you agree not to:
• Use the Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platforms, including their ability to engage in real time activities through the Platforms.
• Use any robot, spider, or other automatic device, process, or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.
• Use any manual process to monitor or copy any of the material on the Platforms, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platforms.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms.
• Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platforms.
- USER CONTRIBUTIONS
The Platforms may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") Content on or through the Platforms. The Platforms may also contain artificial intelligence features named EVA™ EvaluWise Virtual Assistant™ (collectively, “Artificial Intelligence Features”) that use generative artificial intelligence to process, modify, enhance, evaluate, and generate draft summaries of Content on or through the Platforms. The Artificial Intelligence is designed solely as a supportive tool.
All Content must comply with the Content Standards set out in these Terms of Use in Section 12.
Any Content you post to the Platforms, or which may be utilized on the Company's Website, the Interactive Services, and in the Artificial Intelligence, will be considered non-confidential and non-proprietary. By providing any Content on the Company's Platforms, its Interactive Services, or Artificial Intelligence Features you grant to the Company and its affiliates, and each of their respective permitted sublicensees, successors, and assigns (each, a "Licensee") a royalty-free, nonexclusive, perpetual and irrevocable, freely transferable and sublicensable right and license throughout the world to use the Content in all formats and media, whether now known or existing or hereafter discovered or developed, for all or any purposes whatsoever, including, but not limited to, for purposes of publication, commerce, and trade and in connection with or as part of Licensee's trade name, or any goods, services, package, container, label, trademark, logo, trade dress, or advertising, promotional, marketing, or sales materials.
For purposes of clarity and without limiting the foregoing, You acknowledge and agree that the rights and license granted to Licensee under this Agreement include Licensee's rights: (a) to modify, edit, combine with other materials (including, but not limited to, in combination or conjunction with Licensor's name or any other name, or no name), translate, include in collective works, and create derivative works of the Content in whole or in part (collectively, "Adapt", "Adapted", and "Adaptation" have correlative meanings).
You represent and warrant that:
• You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your Content does and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Content you submit or contribute, including any Content that is processed, modified, enhanced, evaluated, or generated using Artificial Intelligence Features, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Content posted or processed, modified, enhanced, evaluated, or generated with the use of Artificial Intelligence Features by you or any other user of the Platforms. -
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
• Remove or refuse to post any Content for any or no reason in our sole discretion.
• Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platforms.
• Terminate or suspend your access to all or part of the Platforms for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- CONTENT STANDARDS
These content standards apply to any and all Content and use of the Services. Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Contain nudity, or otherwise promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://vistalearning.org/about-us/policies.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- COPYRIGHT INFRINGEMENT
15.1 Third-Party Copyrights
When uploading Content, you confirm and acknowledge that the uploaded Content does not infringe on any third-party copyright.
15.2 Personal Copyright Infringement
If you believe that any Content violates your copyright, please contact us for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
- RELIANCE ON INFORMATION POSTED
The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents.
The Platforms include content provided by third parties, including videos, hyperlinks to other websites not operated by the Company, comments, written materials, and other content related to Company-provided materials ("Third-Party Related Materials") provided by other students, organizations, companies, users, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in Third-Party Related Materials, including but not limited to content on third-party websites, all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of the Third-Party Related Materials.
- CHANGES TO THE PLATFORMS
We may update the content on the Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORMS
All information we collect on the Platforms is subject to our Privacy Policy https://vistalearning.org/about-us/policies. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- LINKING TO THE PLATFORMS AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Platforms may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- LINKS FROM THE PLATFORMS
If the Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- GEOGRAPHIC RESTRICTIONS
The owner of the Platforms is based in the United States. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with your national, regional, and local laws. We shall not be held liable for access of the Platforms that does not comply with applicable national, regional, and local laws.
- DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORMS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR PRODUCT OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms, including, but not limited to, your Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platforms.
- GOVERNING LAW AND JURISDICTION
All matters relating to the Platforms and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Plainfield and County of Will although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- ARBITRATION
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platforms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
- LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- FORCE MAJEURE
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in fulfilling or performing any term of these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, regulations, or prohibitions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemics, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of seven days, you shall be entitled to give notice in writing to us to terminate these Terms of Use.
- WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- NO THIRD-PARTY BENEFICIARIES
These Terms of Use is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
- ENTIRE AGREEMENT
The Terms of Use, our Privacy Policy, and Content Guidelines constitute the sole and entire agreement between you and Vista Learning, NFP regarding the Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platforms, unless their Terms of Use are incorporated by reference into separate agreement with Vista Learning. - NO ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 31 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
- YOUR COMMENTS AND CONCERNS
This website is operated by Vista Learning, NFP 7156 Caton Farm Rd., Plainfield, IL 60586
All notices of copyright infringement claims should be sent to the Company at the above address.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@evaluwise.org
Last Modified: 4/1/2026