95 Percent Group Terms of Use

95 Percent Group LLC

Terms of Use Agreement

Version 8953567.4

Effective Date: 05/18/2023

Last Updated Date: 05/18/2023

Welcome to the One95 platform! Please take a moment to read these legal terms (“Terms”) carefully. 

This is a contract between us (the “95 Percent Group LLC”) and you. By accessing or using our platform and services, in any way, by clicking on the “I Accept” button, and/or completing the registration process, you represent that you (1) have read, understand, and agree to be bound by these Terms and (2) are of legal age and have authority to accept them. 

Please be aware that we may from time-to-time change these Terms. The updates will be available on our website or through the services. We will send you an e-mail when there are material changes. Any published changes will be effective after thirty (30) days. If you do not agree to the changes, please stop using the Services.  

We have worked hard to create our platform and services. We are granting you  a non-exclusive, non-transferrable and non-sublicensable right to access and use the services individually. We own all other rights, title, and interest in and to the services, and all related intellectual property rights. We reserve the right to terminate these Terms or to wholly or partly suspend your access to the services in our sole discretion. 

Please don’t share your account with anyone else and please protect your login information.

We also ask that you: (a) have approval or permission to anything you upload to the platform; (b) comply with these Terms and any laws that apply to you; (c) be responsible for your actions on the platform; (d) let us know of anyone else using the platform that shouldn’t be; (e) do anything that is harmful or illegal or would limit the functions of the services or related software or hardware; (f) sublicense, resell, or similarly exploit our platform or services; (g) reverse engineer, modify, or otherwise try to gain unauthorized access to any part of services; or (h) access the Services to build a competitive product or service.

Our platform, anything on or in it, and these Terms are our confidential information. You promise to: (a) protect our confidential information with at least reasonable care; (b) not use any confidential information for any purpose outside the scope of these Terms; and (c) except as required by law or when we tell you it is okay, limit access to confidential information to third parties who need access for purposes of these Terms and who are under the same or similar confidentiality obligations. Please let us know of any unauthorized use or disclosure of the confidential information.

Please keep in mind that, while we strive to provide evidence-based outcomes research for our products, individual experiences vary greatly in the context of fidelity of implementation and different school district use circumstances. We do not promise any particular result with the use of our platform and services. We provide them to you on an “as is” basis without any kind of warranty. We disclaim any and all other express or implied warranties. We absolutely don’t warrant that the services will be uninterrupted or error-free.

If you cause us or our platform or services harm, you agree to defend and hold us harmless from third-party causes of action related to your use or misuse of the platform and services.

Neither of us will be liable to the other or to any third party for more than one-hundred dollars ($100.00) and neither of us will be liable to the other or to any other third party, for any indirect, special, incidental, consequential, or punitive damages (unless such limits are not permitted under applicable law).

We will not be liable for any reason for failing or delaying to perform our obligations due to events beyond our reasonable control. 

Delaware law applies these Terms, the services, and any related disputes, except for Delaware’s conflicts of laws rules. YOU MUST RESOLVE ANY CAUSE OF ACTION RELATED TO THE SERVICES INDIVIDUALLY AND BY A CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN DELAWARE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. YOU UNDERSTAND AND AGREE YOU WAIVE THE RIGHT TO ANY TYPE OF TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. You and I are independent contractors. There are no third-party beneficiaries to these Terms. If we fail to enforce any portion of these Terms, it will not be considered a waiver. Any waiver by us must be in writing and signed. If any portion of these Terms is held to be unenforceable, the unenforceable portion will be modified to the minimum extent necessary to make it enforceable and accomplish the original objectives. The rest of these Terms remains fully enforceable.