The Behavior Observation Made Easy (Application) is licensed to You (End-User) by EdPsychLA for use only under the terms of the license agreement.
By downloading the application from the Apple App Store and Google Play Console and any update thereto (as permitted by this License Agreement) You indicate that You agree to be bound all the terms of conditions of this License Agreement and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to this Application such as warranty, liability, maintenance and support thereof. EdPsychLA, not Apple, not Google Play Console is solely responsible for the licensed application and the content thereof.
This License Agreement may not provide usage rules for the Application that are in conflict with the latest Apple Store Terms of Service or Play Console Terms of Service. EdPsychLA acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights expressly granted to You are reserved.
The application The Behavior Observation Made Easy app is a piece of software created to help users track data digitally and quickly analyze and display results and is customized for Apple and Android devices.
User License Permission is granted to download the Application. This is the grant of a right and license to access and use the Application, not a transfer of title, and under this license you may not (or allow any third part to):
Modify, copy, publish, license, or sell the materials for any commercial purposes
Attempt to decompile, reverse assemble, or reverse engineer any software or code contained in the Application;
Remove any copyright or other proprietary notations from the materials;
Sell, assign, sublicense, or transfer any rights in the Application.
By submitting suggestions or feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert ownerships over your data. You retain full ownership of all your data and any intellectual property rights or other proprietary rights associated with your data. We are not liable for any statements or representations in your contributions provided by you in any area in the Application. You are solely responsible for your data and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your data.
User Conduct You are solely responsible for taking measures to maintain confidentiality of the data you collect and safeguard the privacy of records.
There are passcode features (Numerical ID, Face ID, and/or Touch ID) associated with your device and the Application. You are responsible for restricting access to your device while logged into the Application. You are expected to take reasonable security measures to protect against unauthorized access to your device. We cannot, however, guarantee absolute security of your device, your content, or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Application or its contents. You agree to immediately notify us of breach of security, and to accept all risks of unauthorized access to the user data and any other information you provide to us.
You accept responsibility for all data collected, generated, and activities that occur while using and as a result of using the Application.
You are expected to adhere to professional practices that maintain the dignity of all individuals, to use the app within the boundaries of your competence, and to adhere to all legal and ethical obligations associated with your licensure and professional association.
All content including information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, available in connection with the Application are the sole responsibility of the person from whom such content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Application. EdPsychLA does not track, control, or monitor the content of the Application, and as such, does not guarantee the accuracy, integrity or quality of such content. EdPsychLA will not be liable in any way for any data, including, but not limited to, any errors or omissions, loss, or damage of any kind incurred as a result of the use of the app, any data posted, emailed, transmitted, or otherwise made available via the Application.
You agree to not use the Application to:
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Intentionally or unintentionally violate any applicable local, state, national or international law.
Impersonate any person or entity;
Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The software available in connection with the Application and any content available on the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
No Maintenance or Support EdPsychLA is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
EdPsychLA and the End-User acknowledge that Apple and Google Play Console has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
Warranty Licensor warrants the Application works as described in the user agreement. No warranty is provided for the Application. Please notify us if you discover issues with the application by the email provided at the bottom of this document. If we confirm the issues, we reserve a choice to remedy the situation.
Disclaimer The information provided by EdpsychLA, (“we”, “us” or “our”) on the behaviormadeeasy.com (“Website”) and Behavior Observation Made Easy application (“Application”) is for informational purposes only. All information is provided in good faith, however we make no representation or warranty of any kind, express or implied regarding accuracy, adequacy, validity, reliability, availability or completeness of any information.
Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site or application or reliance on any information. Your use of the site and application and reliance on any information is solely at your own risk.
You must evaluate, and bear all risks associated with the use of any data available in connection with the application, including reliance on the accuracy, completeness, or usefulness of such data.
Accuracy of materials The materials appearing in Application could include technical, typographical, or photographic errors. EdPsychLA does not warrant that any of the materials on the Application or website are accurate, complete or current. EdPsychLA may make changes to the materials contained in the Application at any time without notice. However EdPsychLA does not make any commitment to update the materials.
Limitations In no event shall EdPsychLA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Application, even if EdPsychLA or a EdPsychLA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Links EdPsychLA has not reviewed all of the sites linked to its Application or website and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by EdPsychLA of the site. Use of any such linked website is at the user's own risk.
Modifications EdPsychLA may revise these terms of service for its app at any time without notice. If updated, a new date will appear at the top of this document. By using the Application you are agreeing to be bound by the current version of these terms of service.
Applicable Law/Legal Compliance These terms and conditions are governed by and construed in accordance with the laws of California.
You represent and warrant that you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited parties or restricted parties.
Payment All payments and subscriptions are handled by the Apple app store and the Google Play Console. EdPsychLA does not manage any economic transaction between you and the app stores, and has no access to your credit card or billing information. Any issues should be handled directly with Apple and/or Google Play Console.
Purchase the forever version of the app via a one-time payment. In this model you pay a one-time fee to have unlimited access to all of the app’s functions, without additional subscriptions or in-app purchases.