Terms of Service

Last updated 10/19/2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://texasoncourse.org website, the https://www.middlegalaxy.org/ website, the Middle Galaxy mobile applications and/or the MapMyGrad tool (the "Services") operated by The University of Texas at Austin (UT Austin) on behalf of the Office of Strategy and Policy Texas OnCourse ("us", "we", or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services, and should send an e-mail to TexasOnCourseSupport@highered.texas.gov requesting cancellation of  your account.

Definition of Data

Data include all Personally  Identifiable Information (PII) and other non-­public information. Data include, but are not limited to, student data, metadata, and user content.

Marketing and Advertising

We will not use any data to advertise or market to students or their parents. Advertising or marketing may be directed to your school or district only if student information is properly de-identified.

Data Mining

We will not mine Data for the purpose of advertising or marketing to students or their parents.

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or Service.

All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us or UT Austin.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that 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 such content, goods or services available on or through any such web sites or services.

Data Collection and Data Sharing

The Services may collect data on users, such as frequency of use, duration of use, and engagement with specific components and functionality of the Services. Collecting and analyzing this data is necessary for us to understand how students and educators are using the resources, to improve their efficacy, and to develop training materials for educators implementing the resources.

We may also collect personally identifiable information (PII) on students, such as names and email addresses, that may allow us to track individual student’s engagement with the Services over time. We may link the student-level data generated through the instructional resources with other data sources, including, but not limited to, data from the Texas Education Research Center (TERC) at UT-Austin. TERC maintains Texas’ longitudinal student data system that connects K12, postsecondary, and workforce data. We may link data collected through the Services with TERC data by providing student-level data, including PII, to the Texas Education Agency (TEA) or the Texas Higher Education Coordinating Board (THECB). TEA or THECB will then replace students’ PII with a unique identification number that is common across TERC datasets and upload this data to TERC. HB18 authorized Texas OnCourse to access data maintained by TERC for purposes of this evaluation.

Texas OnCourse has created a Confidential Data Control Plan (CDCP) in compliance with UT Austin’s Information Security Office’s (ISO) policies for transferring, storing, and accessing confidential data. All student-level data collected through the instructional resources will be protected and secured in compliance with ISO policies in addition to student privacy and confidentiality regulations, including FERPA. A copy of the CDCP can be made available to District or Campus upon request.

If you have any questions or concerns about the evaluation or use of your data, please contact Texas OnCourse by e-mail at TexasOnCourseSupport@highered.texas.gov.

Ownership of Intellectual Property

UT Austin shall own all Intellectual Property Rights in or relating to the Services. Intellectual Property Rights means any rights or titles to inventions, discoveries, concepts, methods, processes, data, trade secrets, branding, trademarks, copyrights, computer programs and related documentation, works of authorship fixed in a medium of expression, or mask works, whether or not patentable, copyrightable, eligible for registration as a trademark, or subject to mask work rights or other similar statutory rights, as well as applications for any such rights which are created or reduced to deliver the Service.

Trademark Information

The names and marks “The University of Texas at Austin” and “UT Austin” and all associated logos and trademarks are the sole and exclusive property of The Board of Regents of the University of Texas System and may not be used by you except as permitted by applicable U.S. and international trademark law. There may be other protected and names and marks used on this website similarly protected by U.S. and international law.

Venue; Governing Law Travis County, Texas, will be the proper place of venue for suit on or in respect of the Agreement. The Agreement and all of the rights and obligations of the parties hereto, and all of the terms and conditions hereof will be construed, interpreted, and applied in accordance with, and governed by, and enforced under the laws of the State of Texas.

Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE UNIVERSITY OF TEXAS SYSTEM, THE UNIVERSITY OF TEXAS AT AUSTIN, ITS  REGENTS, OFFICERS, AGENTS, EMPLOYEES, AND LICENSORS (“UT PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS (LEGAL OR EQUITABLE), AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING CLAIMS), OF ANY KIND OR NATURE, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE AND THAT ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT, NEGLIGENT OMISSION OR WILLFUL MISCONDUCT OF YOU OR ANYONE FOR WHOSE ACTS YOU MAY BE LIABLE. THE PROVISIONS OF THIS SECTION WILL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH UT PARTIES HAVE BY LAW OR EQUITY. UT PARTIES WILL BE ENTITLED TO BE REPRESENTED BY COUNSEL THEY SELECT AT THEIR OWN EXPENSE. IN ADDITION, YOU WILL INDEMNIFY, HOLD HARMLESS AND DEFEND UT PARTIES FROM AND AGAINST ALL CLAIMS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT ARISING BY OR OUT OF YOUR USE OF THE SERVICE.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or inability to use, the materials on the site, even if we have been advised of the possibility of such damages. If your use of materials from the services results in the need for servicing, repair or correction of equipment or data, you assume any and all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Changes

We reserve to right to modify and/or correct this agreement at any time; your continued use of these Services implies agreement with the modified terms.

Contact Us

If you have any questions about these Terms, please contact us at TexasOnCourseSupport@highered.texas.gov.