VistaShare Portal User Terms of Use – 10/2023

Welcome to VistaShare – Outcome Tracker

Thanks for using our products and services (“Services”). The Services are provided by VistaShare, LLC (“VistaShare”) located at 1400 Technology Drive, Harrisonburg VA 22802.

By using our Services, you are agreeing to these terms. Please read them carefully. You must follow any policies made available to you within the Services.

Using our Services

Permitted Use of Services. You may use the Services, the information, images and/or other works that you see on the website (collectively, the “Content”) solely for your non-commercial, personal purposes in compliance with these Terms of Use.

Prohibited Use of the Services. By using the Services, you agree that you will not:

• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Services, or otherwise attempt to discover any source code, or allow any third party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way;
• Use the website in any manner that damages, disables, overburdens, or impairs any VistaShare website or interferes with any other party's use and enjoyment of the Services;
• Attempt to gain unauthorized access to the Services;
• Access the website by any means other than through the interface that is provided by VistaShare for use in accessing the Services;
• Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use.

Any unauthorized use of any Content or the Services may violate patent, copyright, trademark, and other laws.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. Also our Services may display Content that is not VistaShare’s; Content is the sole responsibility of the entity or organization that makes it available.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

Your VistaShare Account

You may need an Outcome Tracker Account in order to use some of our Services. You may create your own Outcome Tracker Account, or your Outcome Tracker Account may be assigned to you by an administrator, such as a nonprofit organization, an educational institution, a sponsor or a state. If you are using an Outcome Tracker Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Outcome Tracker Account, keep your password confidential. You are responsible for the activity that happens on or through your Outcome Tracker Account.

Your Content in our Services

Our Services may allow you to view, upload, submit or link your Content. You retain ownership of any intellectual property rights that you hold in such Content. In short, what belongs to you stays yours.

You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Contact you submitted is true and that you are authorized to submit it. Additionally you agree to not post Content or materials that contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or other material that would violate any applicable law or regulation.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VISTASHARE NOR ITS PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, VISTASHARE, AND VISTASHARE’S PROVIDERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VISTASHARE, AND ITS PROVIDERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

About these Terms

We may modify these terms or any additional terms that apply to Services, for example, reflect changes to the law or changes to our Services. If we modify the terms, we’ll post notice of modified additional terms in the applicable Services.

You can stop using our Services at any time. VistaShare may also stop providing Services to you, or add or create new limits within the Services at any time.

These terms control the relationship between you and VistaShare. They do not create any third party beneficiary rights.

Additional Terms

By accepting this Agreement, you consent to NYC Kids RISE and VistaShare sharing the fact of your registration on Outcome Tracker and the name you entered in the registration process, together with the name(s) and grade(s) of your participating child(ren), with the school(s) your participating child(ren) attend(s) and with the NYC Department of Education. Participation in the Save for College Program is in no way conditioned upon your consent.