Last Updated: July 23, 2022
Description of Service
GC Rubric by Alice Keeler is an application (specifically a Google Apps Add-on) that uses only the Google Sheets™ spreadsheet you are currently using to provide a template for a Google Classroom™ rubric. While the spreadsheet will be used in Classroom™ this has nothing to do with Google Classroom™. The Service is offered and provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.
The Service requires a Google account that will be used to access the Service configuration console. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the data source and their content. All fees associated with the foregoing shall be paid by You.
To these Terms: GC Rubric by Alice Keeler reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on this website. You may terminate your use of the Service immediately on notice to GC Rubric by Alice Keeler if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://docs.google.com/document/d/e/2PACX-1vTiZ9zuiupVQb469-m7MCyboIBIUR_lqJYoh8uVKkm1QjAefHhPUpwEihJl7rp7edi1JFp9wiN4HsNV/pub
To the Service: GC Rubric by Alice Keeler may make changes to the Service from time to time. GC Rubric by Alice Keeler will NOT notify you of any material changes or modifications. GC Rubric by Alice Keeler does not collect identifiable personal information and thus is unable to notify users of changes. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.
Use of the Service
Access to Service: Access to the Service is only available to the Customer. Customer is solely responsible for uninstalling the Service when Customer ceases use of the Service in order to revoke its access to and permissions on the Customer’s data and account respectively.
License to Customer: Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, GC Rubric by Alice Keeler hereby grants Customer a world-wide, revocable, non-transferable non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify GC Rubric by Alice Keeler for all claims and losses related to any such acts and/or omissions, except to the extent such acts and/or omissions are within the ordinary intended use of the Service for which GC Rubric by Alice Keeler has granted Customer the foregoing license.
GC Rubric by Alice Keeler reserves the right to terminate unpaid accounts. In the event of any termination, Customer shall be responsible for uninstalling the Service in order to revoke its access to and permissions on the Customer’s data and account respectively. GC Rubric by Alice Keeler will NOT provide Customer with prior notice of such termination by email.
Restrictions on Use
Restrictions on Use of the Service: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
- copy, modify, adapt, translate or otherwise create derivative works of the Service;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
- rent, lease, sell, assign or otherwise transfer rights in or to the Service;
- remove any proprietary notices or labels from the Service;
- use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
- use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
- otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
- process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
This list of prohibitions provides examples and is not complete or exclusive.
GC Rubric by Alice Keeler reserves the right to suspend or terminate your access to Service upon ninety (90) days notice without cause, or upon thirty (30) days notice with cause, for any action that GC Rubric by Alice Keeler determines is inappropriate or disruptive to the Service or to any other user of this Service. Additionally, if GC Rubric by Alice Keeler suspends or terminates your access for inappropriate use or disruptions to the Service or any other user of the Service, Google may also suspend your G Suite account if: (a) your use of G Suite is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) G Suite; (ii) other users’ use of G Suite; or (iii) the Google network or servers used to provide G Suite services; or (b) there is unauthorized third party access to G Suite.
GC Rubric by Alice Keeler may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, GC Rubric by Alice Keeler will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold GC Rubric by Alice Keeler and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) GC Rubric by Alice Keeler or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Termination and Suspension
GC Rubric by Alice Keeler reserves the right to suspend or terminate Customer’s access to the Service if GC Rubric by Alice Keeler reasonably determines that:
(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service,GC Rubric by Alice Keeler, Customer, or any user of the Service;
(b) Customer’s or its Users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm GC Rubric by Alice Keeler systems, or may subject GC Rubric by Alice Keeler or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
(e) Customer or any User is using the Service or other GC Rubric by Alice Keeler property in breach of this Agreement;
or (f) Customer is in default of its payment obligations hereunder (collectively, “Service Suspensions”).
GC Rubric by Alice Keeler will provide written notice of any Service Suspension to Customer and provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, GC Rubric by Alice Keeler (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.
Ownership & Privacy
As between You and GC Rubric by Alice Keeler, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, “Your Content“). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant GC Rubric by Alice Keeler the limited rights to use Your Content set forth in these Terms. GC Rubric by Alice Keeler represents and warrants that it has all rights, permissions and consents necessary (a) to provide the subscription Service to You and (b) to grant You the limited rights to use the Service set forth in these Terms.
Your Content is not collected nor accessible in any way to AliceKeeler LLC as a result of utilizing GC Rubric by Alice Keeler.
Content Privacy & Data security
Upon installation on a Google Doc, GC Rubric by Alice Keeler requires you grant it authorization to perform certain actions, all of which are listed together on an authorization page during the installation process. This follows the security rules required by Google. This includes, but is not limited to, access to your Google account information, the ability to perform certain tasks on your behalf such as modifying the current Google Sheets spreadsheet. By installing our Add-on, you acknowledge that you have authorized GC Rubric by Alice Keeler to perform all of these actions and those listed on the authorization page. You also acknowledge that this comes with inherent risks including, but not limited to, damage, loss or breach of data stored in, or associated with, your Google account.
Note that data in your Google Drive accessed by GC Rubric by Alice Keeler is never transferred out of Drive to an external database, and do not pass through our servers.
All personally identifiable data that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any 3rd party database or file repository.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GC Rubric by Alice Keeler MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL GC Rubric by Alice Keeler BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ALICEKEELER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALICEKEELER LLC RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL ALICEKEELER LLC ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Kansas. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of Kansas.
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