As a ICP or an Authorizer, the Services that NWEA provides to you are subject to the following Data Sharing Terms (Terms). By accessing the Services you agree to be bound by these Terms.   NWEA reserves the right to update the Terms at any time without notice to you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms, which are available to you at: https://legal.nwea.org/icp-api-terms.html. If you do not agree to the new terms, please stop using the Services.

DEFINITIONS APPLICABLE TO REQUESTORS AND AUTHORIZERS

ICP is an Instructional Connections Partner that the Authorizer uses the Services to re-disclose its Data to.

Authorizer is a NWEA user that uses the Services to approve the re-disclosure of Data to an ICP.  

Services means the NWEA MAP Data Sharing Authorizing feature that allows an Authorizer to re-disclose Data to an ICP.

 Data means the data selected under the Services by a ICP to request authorization for NWEA to disclose Authorizer Data to the ICP, which may or may not include personally identifiable student information as further described in the Services.

NWEA means NWEA is an educational 501(c)(3) not-for-profit corporation that provides assessment tools and test development services to educational institutions and engages in ongoing, supportive relationships with partnering school districts and education agencies throughout the United States. located at 121 NW Everett Street, Portland, OR 97209.

REQUESTOR TERMS

1. As part of the evaluation of the Project, to further legitimate educational interest, ICP requires Data for the district and/or schools set forth in the group members section of the Services.
2. In the event the Authorizer authorizes NWEA to re-disclose the Data to the ICP in the Services, ICP shall: (a)  use this Data solely for the Project; (b)  ensure the Project is conducted in a manner that limits sharing of personal identification of parents and students to those individuals within the ICP that need to know it in order to complete the Project; (c) take steps to maintain the confidentiality of all personally identifiable information at all stages of the study by using appropriate disclosure avoidance techniques; (d)  comply with any additional conditions or terms set forth in any Authorizer authorization to NWEA and/or the ICP; and (e) destroy all personally identifiable information provided under the Services consistent with the destruction date set forth in the Services.
3. ICP is solely responsible for obtaining Authorizer authorization for NWEA to redisclose Data to ICP. NWEA will not redisclose any Authorizer Data to ICP if a Authorizer: (a) declines to share Data with ICP in the Services; or (b) does not respond to ICP.  ICP understands and agrees that once it contacts NWEA to redisclose the Authorizer’s Data, NWEA will only redisclose the Data authorized by Authorizer in the Services. 
4. As applicable, ICP will protect and maintain the Data received from NWEA in accordance with the requirements of the Public Law 93-380--Privacy Rights of Parents and Students, commonly known as the Buckley Amendment, the Federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g and 34 CFR Part 99, all applicable state and local laws, and adhere to the duties of confidentiality, privacy, and nondisclosure and re-disclosure therein.
5. Subject to applicable law, ICP will indemnify, defend and hold NWEA, its officers and employees and Board of Directors harmless from and against any and all claims, losses, liabilities and damages (including reasonable attorneys’ fees and costs) arising from or in connection with any claims made against NWEA, from performing the Services or related to these Terms.  
6. In no event shall NWEA be liable for any indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) or any other damages not arising from NWEA’s gross negligence or willful misconduct however caused and on any theory of liability whether in contract, strict liability, or tort (including NWEA’s own negligence or otherwise) arising in any way out of NWEA’s actions taken pursuant to this Agreement or the use of the Data, even if advised of the possibility of such damage.  NWEA is providing the Data on an as is and as available basis and any express or implied warranties, including, but not limited to, the implied warranties of merchantability, non-infringement and fitness for a particular purpose are disclaimed. 
7. These shall be interpreted in accordance with the laws of the State of Oregon, without regard to that State’s conflict of laws provisions.
8. ICP by using the Services represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver these Terms for their respective party.
9. These Terms shall commence on the date hereof and shall continue in effect until it is superseded by other Terms or until it is terminated by mutual agreement of the parties. In any event, Sections 2(e), 5, 6, 7, 8 and 10 shall survive termination of these Terms.

AUTHORIZER TERMS

1. As part of the evaluation of the Project, to further legitimate educational interest, ICP requires Data for the district and/or schools set forth in the group members section of the Services. As a Authorizer you understand and agree that you have the right and ability to approve or reject ICP request in the Services for NWEA to redisclose your Data to the ICP.  If you reject the ICP’s request for NWEA to redisclose your Data to ICP the terms below are not applicable.
2. If Authorizer approves ICP’s request in the Services, Authorizer authorizes NWEA to redisclose Authorizer Data to the ICP consistent with: (a) the ICP Terms under paragraph 2 above; and (b) the scope and conditions set forth in the Services.  
3. In compliance with Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, the ICP is requesting authorization from Authorizer to utilize personally identifiable educational records that NWEA will provide pursuant to the exception in 20 U.S.C. Section 1232g (b)(1)(F).  Pursuant to 34 CFR 99.33(b), a Authorizer may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the Authorizer if the disclosures meet the requirements of Section 99.31 (legitimate educational interests of school officials—now includes contractors) and the Authorizer have complied with Section 99.32(b) which requires a record of the disclosure, including the names of the additional parties to which the receiving party may disclose and the legitimate interests which each of the additional parties has in requesting or obtaining the information.  
4. Authorizer represents and warrants to NWEA that we have obtained any and all required consents to collect and release the Data described in ICP’s Services request and that such release is in accordance with all applicable local, state and federal laws, including the Family and Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. Section 6501-6506 (COPPA), and Authorizer understands that the release of individually identifiable information of students to persons or agencies not authorized to receive such information is a violation of United States federal law. 
5. Subject to applicable law, Authorizer will indemnify, defend and hold NWEA, its officers and employees and Board of Directors harmless from and against any and all claims, losses, liabilities and damages (including reasonable attorneys’ fees and costs) arising from or in connection with any claims made against NWEA, from performing the Services or related to these Terms.
6. Authorizer understands that in no event will NWEA be liable for any indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) or any other damages not arising from NWEA’s gross negligence or willful misconduct however caused and on any theory of liability whether in contract, strict liability, or tort (including NWEA’s own negligence or otherwise) arising in any way out of NWEA’s actions taken pursuant to this permission or the use of the information released under this permission, even if advised of the possibility of such damage.
7. Controlling Law and Venue: As agreed to between Authorizer and NWEA in an applicable license agreement or Master Subscription Agreement.
8. Authorizer by using the Services represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver these Terms for their respective party and that Authorizer will record this redisclosure and include in its annual notification to parents.
9. These Terms shall commence on the date hereof and shall continue in effect until it is superseded by a formal contract or until it is terminated by mutual agreement of the parties. In any event, Sections 3, 4, 5, 6, 7, 8 and 9 shall survive termination of these Terms.