Curriculum Warehouse Terms of Service

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1.1 Definitions

For purposes of these Terms of Service:

"Client" means a school district, school, educational institution, or other organization that purchases, pilots, or is otherwise authorized to use Curriculum Warehouse.

"Authorized User" refers to an individual designated by a Client to access the Platform. 

"Client Content" includes curriculum materials, documents, resources, configurations, and other content created, submitted, or uploaded by or on behalf of a Client. 

"Platform" denotes the private Curriculum Warehouse web-based curriculum management application and related administrative, curriculum, reporting, public-display, lesson-planning, standards, audit, and instructional tools. 

"Services" encompass access to the Platform and any implementation, migration, training, support, professional services, optional enhancements, or other services that are purchased or otherwise provided to a Client. 

"Order Form" consists of any signed proposal, Statement of Work ("SOW"), Pilot Agreement, renewal agreement, purchase document, or other written document identifying the Services provided to a specific Client. 

"Terms & Policies" means these Terms together with the Curriculum Warehouse Privacy Policy, Terms of Use, Security & Data Protection Policy, Service Level Agreement, AI Use Policy, Subprocessors notice, Student Data Scope, Cookies policy, and other policies expressly incorporated into an applicable agreement.

1.2 Relationship Between Documents

These Terms of Service form part of the agreement between NJ Data Diva LLC and each Client using Curriculum Warehouse.

The Client's complete agreement may include:

an Order Form or Statement of Work;

these Terms of Service;

appropriate policies within the Curriculum Warehouse Terms & Policies center; and

any mutually executed addendum or amendment.

1.3 Order of Precedence

In the event of a conflict between documents, the following order will generally control:

a mutually signed amendment, negotiated addendum, or Pilot Agreement that expressly modifies another provision;

the Client's signed Order Form or Statement of Work;

these Terms of Service; and

the remaining incorporated Curriculum Warehouse policies.

A Client-specific written agreement may expressly establish a different order of precedence.

Notwithstanding the foregoing, any sales proposal, estimate, or commercial quote attached to or referenced in a Statement of Work is included solely for the purpose of specifying fees, deliverables, scope, and technical details, and shall not override or modify the legal, liability, warranty, or indemnification provisions set forth in an applicable Master Services Agreement or these Terms of Service.

2. Services

2.1 Curriculum Warehouse Platform

Curriculum Warehouse provides a cloud-based system designed to support curriculum organization, governance, standards alignment, curriculum auditing, instructional planning, curriculum accessibility, reporting, public curriculum display, and related educational workflows.

The private Curriculum Warehouse application is hosted through Firebase Hosting and related Google Cloud/Firebase infrastructure.

The public marketing and legal Website at curriculumwarehouse.com is separate from the private Platform and is hosted through GoDaddy.

Client curriculum information and private Platform data are maintained within the Google Cloud/Firebase environment rather than the public GoDaddy-hosted Website environment.

Available Platform functionality may vary based upon the Client's subscription, configuration, selected enhancements, implementation stage, and Platform development.

2.2 Authorized Professional Use

The Platform is primarily intended for authorized educational professionals and administrators. Clients determine which individuals within their organization are authorized to access the Platform and which roles and permissions those individuals receive.

Students are not intended to be Authorized Users of the private Platform.

2.3 Feature Availability and Optional Services

Feature availability may vary by Client configuration, subscription package, implementation stage, purchased enhancements, or other terms identified in the applicable Order Form.

Certain functionality may be:

included within a Client's standard subscription;

separately enabled;

available only for selected Clients or subscription configurations;

offered as an optional enhancement;

provided during a Pilot or early-access period; or

subject to an additional fee.

Examples of functionality or services whose availability or pricing may vary include:

custom or white-glove data migration;

custom standards libraries;

advanced curriculum analytics and reporting functionality;

public pacing or curriculum-display functionality;

lesson-planning functionality;

AI-assisted functionality;

professional development;

specialized consulting; and

other Platform enhancements or services.

The existence of functionality within the Platform does not, by itself, establish whether that functionality is included in a particular Client's subscription.

Applicable features, fees, and included Services will be identified in the Client's Order Form, proposal, pricing statement, or other written agreement.

2.4 Platform Development and Evolution

Curriculum Warehouse may improve, modify, replace, enhance, or update Platform functionality from time to time.

Updates may include changes to:

interfaces;

workflows;

features;

infrastructure;

authentication methods;

security controls;

reporting capabilities; or

technical architecture.

Curriculum Warehouse will not intentionally make a material reduction to the core functionality purchased by a Client during an active paid term without a commercially reasonable reason, replacement capability, Client agreement, or legal or security necessity.

Beta, preview, pilot, or early-access functionality may change more frequently and may be modified or discontinued as the Platform evolves.

2.1 Curriculum Warehouse Platform

Curriculum Warehouse provides a cloud-based system designed to support curriculum organization, governance, standards alignment, instructional planning, curriculum accessibility, reporting, public curriculum display, and related educational workflows.

The private Curriculum Warehouse application is hosted through Firebase Hosting and related Google Cloud/Firebase infrastructure. Our terms of service outline the expectations for using the Platform.

The public marketing and legal website at curriculumwarehouse.com is separate from the private Platform and is hosted through GoDaddy, where our website cookies policy is also detailed for users.

Client curriculum information and private Platform data are maintained within the Google Cloud/Firebase environment rather than the public GoDaddy-hosted website environment.

Available Platform functionality may vary based upon the Client's subscription, configuration, selected enhancements, implementation stage, and Platform development.

2.2 Authorized Professional Use

The Platform is primarily intended for authorized educational professionals and administrators. Clients determine which individuals within their organization are authorized to access the Platform and what roles and permissions those individuals receive.

Students are not intended to be Authorized Users of the private Platform.

2.3 Feature Availability and Optional Services

Feature availability may vary by Client configuration, subscription package, implementation stage, purchased enhancements, or other terms identified in the applicable Order Form.

Certain functionality may be:

- included within a Client's standard subscription;

- separately enabled;

- available only for selected Clients or subscription configurations;

- offered as an optional enhancement;

- provided during a Pilot or early-access period; or

- subject to an additional fee.

Examples of functionality or services whose availability or pricing may vary include:

- custom or white-glove data migration;

- custom standards libraries;

- curriculum auditing functionality;

- public pacing or curriculum-display functionality;

- lesson-planning functionality;

- AI-assisted functionality;

- professional development;

- specialized consulting; and

- other Platform enhancements or services.

The existence of functionality within the Platform does not, by itself, establish whether that functionality is included in a particular Client's subscription. Applicable features, fees, and included services will be identified in the Client's Order Form, proposal, pricing statement, or other written agreement, which is governed by our user agreements.

2.4 Platform Development and Evolution

Curriculum Warehouse may improve, modify, replace, enhance, or update Platform functionality from time to time. Updates may include changes to:

- interfaces;

- workflows;

- features;

- infrastructure;

- authentication methods;

- security controls;

- reporting capabilities; or

- technical architecture.

Curriculum Warehouse will not intentionally make a material reduction to the core functionality purchased by a Client during an active paid term without a commercially reasonable reason, replacement capability, Client agreement, or legal or security necessity.

Beta, preview, pilot, or early-access functionality may change more frequently and may be modified or discontinued as the Platform evolves.

3.1 Annual Subscription Cycle

Unless otherwise stated in an Order Form, Curriculum Warehouse annual subscriptions adhere to the New Jersey school fiscal year, which runs from July 1 through June 30. These terms of service outline how subscriptions are managed within this timeframe.

Agreements that begin during the fiscal year may be prorated or adjusted per the details specified in the applicable Order Form.

3.2 Multi-Year Agreements

Clients have the option to enter into multi-year agreements or price-lock arrangements explicitly stated in an applicable Order Form. This user agreement delineates the expectations and commitments associated with such multi-year pricing, which applies only to the Services and period identified in that agreement.

3.3 Renewal

A subscription does not automatically renew solely because a Client maintains an account. For renewal of paid Services, an applicable renewal agreement, purchase order, accepted proposal, written authorization, or another mutually recognized procurement action is needed for the next subscription term.

Additionally, both parties may choose not to continue Services once the current term concludes.

3.4 Continued Use During Procurement

Any temporary continuation of access while awaiting a renewal, purchase order, or other Client procurement process does not create a new annual subscription commitment unless confirmed in writing. This policy is consistent with our website cookies policy, which manages how user data is utilized during the procurement process.

4.1 Fees

Fees for subscription Services, implementation, enhancements, professional development, migration, consulting, or other Services will be identified in the applicable Order Form, proposal, pricing statement, or invoice as detailed in our terms of service.

4.2 Payment

Invoices are payable according to the payment terms stated on the applicable invoice, Order Form, or Client purchasing documentation, in accordance with our user agreements.

4.3 Grace Period

Unless otherwise agreed in writing, the Client will have a forty-five (45) day grace period following an unpaid invoice due date before Platform access may be restricted for nonpayment, as outlined in the website cookies policy.

Curriculum Warehouse will make commercially reasonable efforts to provide written notice before restricting access for nonpayment.

4.4 Suspension for Nonpayment

After the applicable grace period, Curriculum Warehouse may restrict or suspend Services associated with an undisputed unpaid invoice until the account is brought current, as specified in the terms of service. 

Suspension for nonpayment does not transfer ownership of Client Content to Curriculum Warehouse.

4.5 Taxes

Fees do not include taxes imposed on the transaction where applicable. A tax-exempt Client should provide appropriate exemption documentation when reasonably requested. Each party remains responsible for taxes imposed upon its own income, property, or operations.

4.6 Price Changes

Subscription pricing will not be increased during a Client's existing committed term unless expressly permitted by the applicable Order Form or mutually agreed in writing. Changes to standard pricing may apply to future renewal terms.

5.1 Client Administration and Access Roles

Clients are responsible for identifying Authorized Users and determining appropriate access, departments, courses, administrative privileges, and Platform roles within their organization in accordance with the user agreements laid out in the terms of service.

Current Client-level Platform access roles include:

Admin;

Supervisor;

Editor; and

Viewer.

An account may also be placed in an Inactive state that prevents ordinary Platform access.

A separate Corporate Admin role is reserved for authorized NJ Data Diva LLC personnel who require Provider-level access for legitimate Platform administration, configuration, support, security, maintenance, recovery, or related operational purposes.

5.2 Single Sign-On and Authentication

Curriculum Warehouse may support authentication through:

Google Workspace;

Microsoft 365;

Firebase Authentication; and

other supported identity providers.

Clients are responsible for providing accurate information necessary to configure authorized access and for maintaining appropriate controls within their own identity-management environment, including compliance with the website cookies policy.

5.3 User Eligibility

Clients are responsible for ensuring that only individuals authorized by the Client are permitted to access the Client's private Platform environment. Students are not intended Authorized Users of the private Platform.

5.4 Credentials and Account Security

Authorized Users must protect their credentials and may not share individual login credentials with unauthorized persons. Clients must notify Curriculum Warehouse promptly if they reasonably suspect:

compromised credentials;

authorized account access;

inappropriate administrative access; or

a security incident affecting the Client's use of Curriculum Warehouse.

5.5 Client Systems

Clients remain responsible for the security, availability, configuration, and operation of their own:

networks;

devices;

browsers;

internet connectivity;

identity-provider systems;

email systems;

local technology environment; and

Client-controlled access configurations.

Clients and Authorized Users must use Curriculum Warehouse lawfully and in accordance with the Curriculum Warehouse Terms of Service and the user agreements outlined therein.

Users may not, among other prohibited activities:

- attempt to gain unauthorized access to another Client's environment;

- circumvent Platform permissions or security controls;

- share credentials with unauthorized persons;

- introduce malicious code or destructive software;

- use the Platform to violate applicable law or third-party rights;

- reverse engineer or improperly attempt to reproduce proprietary Platform functionality;

- conduct unauthorized vulnerability scanning or security testing;

- use unauthorized bots, scripts, screen scrapers, crawlers, or automated extraction tools;

- interfere with Platform availability or security; or

- use the Platform for purposes materially outside its intended educational and administrative functions.

Curriculum Warehouse may also review its website cookies policy and take reasonable action to investigate or stop any activity that threatens Platform security, integrity, availability, proprietary technology, or the rights of another Client.

7.1 Platform Purpose

Curriculum Warehouse is designed as a curriculum management platform for authorized educational professionals and administrators. This platform is governed by user agreements and terms of service that outline acceptable use and responsibilities.

It is important to note that Curriculum Warehouse is not designed to collect, solicit, maintain, or store Student Identifiable Information (“SII”) or student education records.

Students are not intended to be Authorized Users of the private Curriculum Warehouse Platform.

7.2 Prohibited Student Information

Clients and Authorized Users must not upload, create, maintain, or store Student Identifiable Information within Curriculum Warehouse. This includes, but is not limited to:

student grades;  

Individualized Education Programs (IEPs);  

student identification numbers;  

student health or medical records;  

identifiable student assessment records;  

disciplinary or counseling records;  

student rosters;  

identifiable student work; or  

other confidential student information or education records.

Prohibited student information must not be placed within ordinary curriculum, lesson, resource, attachment, administrative, public-display, or other Platform content fields, as specified in our terms of service.

7.3 Unintended Student Authentication

Curriculum Warehouse may support Single Sign-On (“SSO”) through Client-managed identity providers such as Google Workspace or Microsoft 365. In limited circumstances, a student account may attempt to authenticate because of:

Client identity-provider configuration;  

shared staff and student email domains;  

access-approval settings; or  

another Client-controlled configuration.

If this occurs, Curriculum Warehouse may receive limited authentication information supplied by the identity provider, such as:

name;  

email address;  

account identifier;  

authentication provider;  

date and time of the authentication attempt; and  

related technical or security information.

An unintended student authentication attempt does not authorize the student to use Curriculum Warehouse and does not convert the Platform into a student-facing service, in accordance with our user agreements.

7.4 Client Responsibility

Clients are responsible for managing their authentication and access settings so that only authorized professional users receive Platform access. Clients should quickly address and notify Curriculum Warehouse if:

a student unintentionally authenticates to or accesses the Platform;  

Student Identifiable Information is inadvertently uploaded; or  

another unauthorized student-access concern is identified.

Curriculum Warehouse may take reasonable steps to restrict unauthorized access, remove prohibited information, review relevant authentication or audit records, and assist the Client with appropriate remediation. This is part of our commitment to maintaining a secure environment, as highlighted in our website cookies policy.

Additional requirements are provided in the Curriculum Warehouse Student Data Scope.

8.1 Client Ownership

The Client retains ownership of Client Content created or uploaded by or on behalf of the Client, including:

- curriculum maps;

- courses;

- unit plans;

- pacing guides;

- lesson frameworks;

- instructional resources;

- uploaded documents; and

- district-created curriculum materials.

NJ Data Diva LLC does not claim ownership of Client curriculum materials merely because they are stored within Curriculum Warehouse. This retention and ownership are outlined in our terms of service, ensuring clarity regarding user agreements.

8.2 Limited License to Operate the Platform

The Client grants NJ Data Diva LLC a limited, non-exclusive license to host, copy, process, display, transmit, back up, and otherwise use Client Content only as reasonably necessary to:

- provide the Services;

- perform requested implementation or migration;

- maintain backups;

- provide support;

- fulfill Client-directed publication;

- secure and operate the Platform; and

- comply with applicable legal obligations, including adherence to our website cookies policy.

This license ends when the applicable content is deleted from active and backup systems in accordance with applicable retention practices, except where continued retention is legally required or otherwise authorized.

8.3 Authorized User Portability

Content created by an Authorized User within a Client's Platform environment remains associated with that Client environment according to the Client's ownership and employment policies. 

An individual's Curriculum Warehouse account or Client Content does not automatically transfer to another Client if that individual changes employers. 

Available export tools may be used before departure where authorized by the Client.

8.4 Client Responsibility for Content

The Client represents that it has the right to submit or use Client Content within the Platform. Clients should not upload content that unlawfully infringes another person's intellectual property, privacy, confidentiality, or other legal rights. These responsibilities are an integral part of our user agreements.

9.1 Provider Ownership

NJ Data Diva LLC retains all right, title, and interest in Curriculum Warehouse and its proprietary technology, which includes:

- Platform software;

- source code;

- database architecture;

- interfaces;

- workflows;

- proprietary converter logic;

- diagnostic tools;

- templates created by Provider;

- branding;

- documentation; and

- other proprietary Platform functionality.

No ownership rights in Curriculum Warehouse technology are transferred to a Client through use of the Services, as outlined in our terms of service.

9.2 Feedback

Clients and Authorized Users may provide suggestions, ideas, feature requests, workflow recommendations, or other feedback related to the Curriculum Warehouse. NJ Data Diva LLC may use such feedback to improve Curriculum Warehouse without compensation or obligation, ensuring that such use does not transfer ownership of the Client's proprietary curriculum content.

9.3 Demonstration and Sandbox Environments

Curriculum Warehouse may maintain demonstration or sandbox environments for training, testing, implementation, and product demonstrations. General demonstration or sandbox environments may utilize Provider-created, licensed, synthetic, or sample curriculum content. NJ Data Diva LLC will not use a Client’s non-public curriculum content in a general sales, marketing, or demonstration environment without the Client’s prior written authorization. 

Moreover, nothing in this section prevents Curriculum Warehouse from utilizing a Client-specific environment or Client Content when reasonably necessary to provide authorized implementation, migration, training, support, troubleshooting, testing, or other Services directly to that Client, as detailed in our user agreements. Curriculum Warehouse will not intentionally disclose confidential Client information through a demonstration or sandbox environment.

Additionally, users are advised to review our website cookies policy to understand how we use cookies and similar technologies.

Certain platform features allow Clients to publish selected curriculum information to a public-facing curriculum site or display, in accordance with the terms of service. The Client maintains control over the Client Content it chooses to make public. It is the Client’s responsibility to review information before publication, ensuring that the published details comply with user agreements and are suitable for public access. Furthermore, the published content must not contain Student Identifiable Information, confidential or restricted information, unintended personal information, and must be authorized for publication by the Client. While Curriculum Warehouse provides the technical publishing functionality, it does not independently determine what curriculum information a Client is legally required or permitted to publish, including any implications related to the website cookies policy.

11.1 Privacy Policy

Information processed through Curriculum Warehouse is governed by the Curriculum Warehouse Privacy Policy, along with our terms of service, which outline user agreements related to data management.

11.2 Activity, Audit, and Active-Session Records

The Platform may generate system and audit records associated with Authorized User activity.

Depending upon Platform functionality, such records may include: 

- authentication events;  

- login and session information;  

- active session duration;  

- administrative actions;  

- curriculum changes;  

- publishing or approval activity;  

- exports or downloads; and  

- other Platform interactions.

Curriculum Warehouse may track active session duration for purposes such as: 

- session management;  

- operational visibility;  

- usage analysis;  

- troubleshooting;  

- Platform security; and  

- Platform improvement. 

Certain audit and usage information may be available to authorized Client administrators based upon their assigned roles and permissions. This is detailed in our website cookies policy and user agreements which clarify how we handle such data.

Curriculum Warehouse does not monitor a user's browsing, communications, device activity, or online activity outside the Curriculum Warehouse Platform.

Platform activity and active-session information are not designed as payroll, attendance, or employee timekeeping records and should not be relied upon as the sole measure of an individual's attendance, hours worked, productivity, compensation eligibility, or job performance.

Additional information regarding the collection, access, use, and retention of Platform activity information is provided in the Curriculum Warehouse Privacy Policy.

12.1 Security Program

Curriculum Warehouse will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Client information, as outlined in our terms of service.

The private Platform is hosted through Google Cloud/Firebase infrastructure and is separate from the public GoDaddy-hosted marketing and legal website. This separation is critical for ensuring security as part of our user agreements.

Additional information about Platform architecture and security practices is provided in the Curriculum Warehouse Security & Data Protection policy, which also encompasses our website cookies policy.

12.2 Client Security Incident

If a Client becomes aware of compromised credentials, unauthorized Platform access, or a local security incident that may affect Curriculum Warehouse, the Client should notify the Provider promptly.

Curriculum Warehouse may temporarily restrict affected accounts or access when reasonably necessary to protect the Client, other Clients, or the Platform.

12.3 Provider Security Incident

If NJ Data Diva LLC discovers or confirms unauthorized access to Client data, Curriculum Warehouse will notify the affected Client without unreasonable delay and in accordance with applicable law.

Where applicable law requires notification immediately following discovery or establishes another notification deadline, that requirement will control. Nothing in these Terms is intended to extend a shorter notification period required by applicable law.

Initial notice may be based on the information reasonably available to Curriculum Warehouse at the time of notification. Curriculum Warehouse may provide additional information as its investigation develops.

Curriculum Warehouse will make commercially reasonable efforts to:

- investigate the incident;

- contain and mitigate further unauthorized access or harm;

- remediate identified issues where reasonably appropriate;

- preserve relevant information as appropriate; and

- cooperate with the affected Client regarding reasonable incident-response needs.

Curriculum Warehouse may offer optional AI-assisted features, which are subject to the Curriculum Warehouse AI Use Policy and outlined within our terms of service. Unless otherwise expressly disclosed in user agreements: AI-generated content is provided as a draft resource requiring human review; the Client remains responsible for determining whether AI-assisted content is appropriate for official use; Client personnel must comply with local Board policies and AI governance requirements; Student Identifiable Information must not be submitted to AI-assisted functionality; and NJ Data Diva LLC does not use Client-specific curriculum data to train external AI models. Additionally, AI functionality may entail additional usage-based fees, subscription requirements, access limitations, or other conditions where disclosed in advance. Please note, where production AI functionality employs a third-party provider to process Client information, the applicable provider will be identified through the Curriculum Warehouse Subprocessors page. This also aligns with our website cookies policy.

14.1 Subprocessors

Curriculum Warehouse relies on certain third-party infrastructure and technology providers to deliver the Platform and related services, as detailed in our terms of service.

The private Platform is hosted through Google Cloud/Firebase infrastructure.

The public Curriculum Warehouse marketing and legal website at curriculumwarehouse.com is hosted through GoDaddy.

Curriculum Warehouse also uses Brevo for applicable email delivery and communication services. Our website cookies policy explains how we handle cookies and user data with respect to these providers.

Relevant providers that process Platform or business information are identified on the Curriculum Warehouse Subprocessors page.

14.2 Contractors and Professional Services

NJ Data Diva LLC may use qualified independent contractors, professional service providers, or specialized vendors to deliver:

- implementation;

- migration;

- training;

- professional development;

- technical support;

- consulting; or

- other Services.

Where such individuals may access confidential information, the Provider will require appropriate confidentiality and data-protection obligations, in line with our user agreements.

NJ Data Diva LLC remains responsible for Services provided to the Client under its agreement.

14.3 Third-Party Products

Curriculum Warehouse is not responsible for the independent availability, policies, security, functionality, or operation of third-party products or services that a Client elects to use outside of what Curriculum Warehouse provides.

Curriculum Warehouse will use commercially reasonable efforts to provide the availability and support commitments outlined in the Curriculum Warehouse Service Level Agreement, which is part of our user agreements and included in the terms of service.

The Service Level Agreement addresses key matters such as:

- Platform uptime targets;

- Planned and emergency maintenance;

- Support availability;

- Response times; and

- Exclusions for circumstances outside the Provider's reasonable control.

Additionally, please note that our website cookies policy is also relevant to the overall usage of our services.

16.1 Data Portability

Curriculum Warehouse supports Client data portability and does not condition Client ownership of curriculum materials upon continued subscription, as outlined in our terms of service.

Basic self-service export functionality within the Platform is available without an additional export fee, ensuring a seamless user experience in accordance with our user agreements.

16.2 Structured and Bulk Exports

Structured administrative exports, bulk exports, media archives, custom migration assistance, or other specialized offboarding services may incur an administrative fee, which will be disclosed in advance.

16.3 End of Access

Upon expiration or termination of Services, normal Client Platform access may end according to the applicable agreement. We recommend Clients complete desired self-service exports before the end of the applicable term to avoid any potential issues with access.

16.4 Post-Termination Retention

Unless a Client-specific agreement provides otherwise, Curriculum Warehouse may maintain Client data for up to sixty (60) days following termination or expiration to accommodate for reasonable offboarding, export, or transition needs, as stated in our website cookies policy. 

During this retention period, ordinary Platform access is not guaranteed.

Following the retention period, Curriculum Warehouse may securely delete Client-specific information from active systems through authorized administrative procedures, subject to:

- applicable backup rotation;

- technical limitations;

- legal retention obligations; and 

- information Curriculum Warehouse is otherwise legally permitted to retain.

Deletion following the retention period may require an authorized administrative process and is not represented as an automatic deletion event occurring at a particular minute or hour.

17.1 Nonrenewal

Either party may elect not to enter into a subsequent subscription term as outlined in the terms of service.

When advance notice is reasonably necessary for orderly offboarding, the parties are encouraged to provide at least thirty (30) days written notice before the end of the current term.

17.2 Termination for Material Breach

Either party may terminate a user agreement for a material breach that remains uncured for thirty (30) days following written notice describing the breach.

17.3 Immediate Protective Suspension

Curriculum Warehouse may immediately suspend an individual account or affected portion of the Services when reasonably necessary to:

- address a credible security threat;

- prevent unauthorized access;

- stop malicious activity;

- protect another Client;

- respond to unlawful use; or

- prevent material harm to Platform integrity.

Provider will make commercially reasonable efforts to limit a suspension to the scope and duration reasonably necessary under the circumstances.

17.4 Effect of Termination

Termination does not affect rights or obligations that by their nature should survive, including provisions relating to:

- ownership;

- confidentiality;

- payment obligations already incurred;

- data portability and retention;

- limitation of liability;

- indemnification;

- intellectual property; and

- dispute resolution. Additionally, any policies regarding website cookies will remain in effect even after termination.

18.1 Confidential Information

Each party may receive non-public information belonging to the other party as outlined in the terms of service. Confidential Information may include:

- non-public curriculum materials;

- internal district information;

- security information;

- product roadmaps;

- unpublished Platform functionality;

- technical architecture;

- pricing or commercial information identified as confidential; and

- other information that a reasonable person would understand to be confidential under the circumstances.

18.2 Confidentiality Obligations

Each party agrees to:

- use the other party's Confidential Information only for purposes related to the applicable relationship;

- protect it using reasonable care;

- limit access to individuals who reasonably need the information; and

- not disclose it to unauthorized third parties.

Additionally, these obligations align with the user agreements in effect.

18.3 Exclusions

Confidential Information does not include information that the receiving party can demonstrate:

- was lawfully known without confidentiality restriction before disclosure;

- becomes public through no breach of these Terms;

- is lawfully received from another source without confidentiality restriction; or

- is independently developed without use of the other party's Confidential Information.

18.4 Required Disclosure

A party may disclose Confidential Information where required by applicable law, subpoena, court order, public-records obligation, or other lawful process. Where legally permitted and reasonably practical, the receiving party should provide notice before making a compelled disclosure so the other party may seek appropriate protection. This practice is consistent with ensuring transparency in our website cookies policy.

19.1 Limited Brand License By entering into a written user agreement with NJ Data Diva LLC, and unless the Client expressly prohibits or limits such use in writing, the Client grants NJ Data Diva LLC a non-exclusive, royalty-free, revocable license to use the Client's official name and logo solely to identify the Client as a Curriculum Warehouse customer, user, or pilot participant. Approved uses under this limited license may include: the Curriculum Warehouse Website; customer or partner listings; proposals; professional presentations; conference materials; and social media. 19.2 Restrictions NJ Data Diva LLC will use Client branding professionally and will not materially alter an official Client logo or use Client branding in a manner that states or implies endorsement of unrelated products, services, political positions, third parties, or other matters unrelated to the Client's use of Curriculum Warehouse. This permission does not authorize NJ Data Diva LLC to disclose confidential Client Content, Student Identifiable Information, private administrative information, or other restricted Client information as outlined in the terms of service. 19.3 Written Restriction or Revocation A Client may prohibit, limit, or revoke future use of its name, logo, or branding at any time by providing written notice to NJ Data Diva LLC. Curriculum Warehouse will discontinue future promotional use within a commercially reasonable period following receipt of that notice. 19.4 Testimonials and Case Studies Testimonials, named case studies, quotations, success stories, detailed performance claims, and similar promotional content require separate written Client approval before publication. Clients should also refer to our website cookies policy for more information on data usage.

20.1 Commercially Reasonable Services

Curriculum Warehouse will provide the Services with commercially reasonable care and efforts that align with the applicable user agreements and the Service Level Agreement, as well as our website cookies policy.

20.2 No Error-Free Guarantee

Technology services may encounter temporary errors, interruptions, maintenance periods, or situations beyond the Provider's reasonable control.

Except for commitments explicitly outlined in the written user agreements or the Service Level Agreement, Curriculum Warehouse does not guarantee that the Platform will be uninterrupted, completely error-free, or satisfy every Client-specific requirement.

20.3 Implied Warranties

To the fullest extent allowed by applicable law, any warranties not expressly stated in the user agreements, including implied warranties of merchantability, fitness for a particular purpose, or noninfringement, are disclaimed.

Nothing in these Terms of Service excludes a warranty or legal obligation that cannot be lawfully excluded.

21.1 Aggregate Liability Cap

To the fullest extent permitted by applicable law, NJ Data Diva LLC’s total cumulative liability arising out of or relating to the Services, the Platform, these Terms of Service, or the applicable Client agreement will not exceed the total fees paid by the applicable Client to NJ Data Diva LLC during the twelve (12) months immediately preceding the event giving rise to the claim.

Unless a Client-specific written agreement expressly provides otherwise, this aggregate liability cap applies collectively to all claims arising out of or relating to the Services, user agreements, or applicable agreement, regardless of the legal theory asserted, including claims involving:

- breach of contract;

- breach of warranty;

- negligence;

- confidentiality obligations;

- privacy or security incidents;

- unauthorized access;

- data loss, corruption, or restoration;

- Platform availability or service interruptions;

- implementation, migration, or support services;

- AI-assisted functionality;

- third-party services or subprocessors;

- Client Content;

- contractual indemnification obligations; and

- other obligations arising under the applicable agreement.

Multiple claims, incidents, events, or affected users arising from the same or related circumstances will not increase the aggregate liability cap.

21.2 Exclusion of Certain Damages

To the fullest extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the Services, user agreements, or applicable agreement.

This exclusion includes, to the extent permitted by law, damages for:

- lost revenue;

- lost profits;

- loss of anticipated savings;

- loss of business opportunity;

- interruption of operations;

- reputational harm; or

- other consequential economic loss,

even if the party was advised that such damages might occur.

21.3 Application of Limitations

The limitations in this Section apply:

- regardless of whether a claim is based in contract, tort, negligence, statute, indemnification, or another legal theory;

- even if a remedy provided under the agreement fails of its essential purpose; and

- collectively across all claims arising during the applicable period rather than separately to each claim, user, event, or incident.

21.4 Exceptions Required by Law

Nothing in this Section limits or excludes liability to the extent that applicable law prohibits that liability from being limited or excluded. A court’s determination that a particular limitation cannot be enforced will not prevent the remaining limitations in this Section from applying to the fullest extent permitted by law.

21.5 Client-Specific Agreements and No-Cost Engagements

A mutually signed Client-specific agreement may establish a different liability limitation where expressly stated. For a no-cost Pilot, beta engagement, or other arrangement in which the Client has paid no fees during the applicable twelve-month period, the liability limitation will be governed by the applicable Pilot Agreement or other Client-specific written agreement, in accordance with our website cookies policy.

22.1 Provider Indemnification

Subject to the limitations and procedures set forth in these Terms of Service, NJ Data Diva LLC will defend and indemnify the Client against third-party claims arising from:

NJ Data Diva LLC's gross negligence or willful misconduct in providing the Services; or

a claim that the Client's authorized use of the Curriculum Warehouse Platform, as provided by NJ Data Diva LLC and used in accordance with the applicable user agreements, infringes or misappropriates a third party's intellectual-property rights.

Provider's obligations under this Section do not apply to the extent a claim results from:

Client Content;

modifications to the Platform not made or authorized by NJ Data Diva LLC;

use of the Platform in combination with products, services, data, or technology not provided or required by NJ Data Diva LLC, where the claim would not otherwise have arisen;

use of the Platform outside the scope permitted by the applicable user agreements;

continued use of allegedly infringing functionality after NJ Data Diva LLC provides a commercially reasonable replacement, modification, or instruction to discontinue use; or

Client's violation of these Terms or applicable law.

If an intellectual-property claim covered by this Section is made or reasonably anticipated, NJ Data Diva LLC may, at its option and expense:

obtain the right for the Client to continue using the affected functionality;

modify or replace the affected functionality with substantially comparable functionality; or

if neither option is commercially reasonable, discontinue the affected functionality and provide any remedy expressly required by the applicable Client agreement.

22.2 Client Indemnification

To the extent permitted by applicable law, the Client will defend and indemnify NJ Data Diva LLC against third-party claims arising from:

Client's unlawful or unauthorized use of the Platform;

Client Content that infringes or misappropriates a third party's intellectual-property, privacy, confidentiality, or other legal rights;

Client's intentional circumvention of Platform security, authentication, Client-separation, or access controls;

Client's intentional submission or continued maintenance of information prohibited by these Terms after becoming aware of the violation;

Client's publication or disclosure of Client Content through public-facing Platform functionality where the Client was not authorized to publish or disclose that information; or

Client's use of Curriculum Warehouse in material violation of applicable law or these Terms.

Nothing in this Section requires the Client to indemnify NJ Data Diva LLC for a claim caused by NJ Data Diva LLC's own gross negligence, willful misconduct, or breach of its obligations under the applicable user agreements.

22.3 Governmental and Public-Entity Clients

Nothing in these Terms is intended to require a school district, governmental entity, public agency, or other public Client to provide indemnification, assume liability, waive immunity, or undertake another obligation where doing so is prohibited or restricted by applicable law.

Where applicable law prevents enforcement of all or part of the Client indemnification obligations in Section 22.2, those obligations will apply only to the maximum extent legally permitted. 

Nothing in these Terms is intended to waive any statutory, governmental, sovereign, or other immunity or defense available to a public entity under applicable law.

22.4 Indemnification Procedure

A party seeking indemnification under this Section (“Indemnified Party”) will:

provide the other party (“Indemnifying Party”) with reasonably prompt written notice of the applicable third-party claim;

provide reasonable information and cooperation necessary for the defense of the claim; and

permit the Indemnifying Party to control the defense and settlement of the covered claim, subject to the protections below.

Failure to provide prompt notice will relieve the Indemnifying Party of its obligations only to the extent the delay materially prejudices its ability to defend the claim.

The Indemnifying Party may select qualified counsel to conduct the defense. The Indemnified Party may participate in the defense using its own counsel at its own expense, unless otherwise agreed in writing.

The Indemnifying Party may not settle a claim without the Indemnified Party's prior written consent if the settlement:

requires the Indemnified Party to admit fault or wrongdoing;

requires the Indemnified Party to make a payment not covered by the Indemnifying Party;

imposes continuing or non-monetary obligations upon the Indemnified Party; or

does not provide an appropriate release of the Indemnified Party from the covered claim.

Consent to settlement will not be unreasonably withheld where the settlement fully resolves the covered claim without imposing an admission of wrongdoing, uncovered financial obligation, or material non-monetary obligation upon the Indemnified Party.

22.5 Relationship to Limitation of Liability

Unless a Client-specific written agreement expressly provides otherwise, indemnification obligations under this Section are subject to the applicable limitations of liability stated in Section 21, to the fullest extent permitted by applicable law.

Moreover, nothing in this Section expands liability beyond an amount or category of liability that is otherwise limited or excluded under Section 21, except to the extent applicable law prohibits such limitation or exclusion. Additionally, the website cookies policy applicable to the Platform also remains unaffected by these indemnification obligations.

Neither party will be liable for a failure or delay in performance caused by circumstances beyond its reasonable control, including: natural disasters; widespread internet or telecommunications failures; governmental actions; labor disputes; utility failures; widespread cyber incidents; acts of war or terrorism; or failures of third-party infrastructure outside the party's reasonable control. This provision does not relieve Curriculum Warehouse of its obligation to maintain commercially reasonable security measures or comply with applicable breach-notification obligations as outlined in the terms of service and user agreements. Additionally, the website cookies policy remains in effect regardless of these circumstances.

24.1 Informal Resolution

Before initiating formal litigation related to these Terms of Service, the parties will make a good-faith effort to resolve the dispute through their designated representatives.

Either party may provide written notice describing the dispute, after which the representatives should attempt to resolve the matter during the following thirty (30) days.

This requirement does not prevent either party from seeking urgent injunctive or protective relief where reasonably necessary.

24.2 Governing Law

Unless a Client-specific written agreement requires otherwise, these Terms of Service are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

24.3 Venue

Unless otherwise required by applicable law or a Client-specific agreement, any legal action arising from these Terms of Service will be brought in a court of competent jurisdiction located in New Jersey. Additionally, this agreement may encompass aspects such as user agreements and the website cookies policy to ensure comprehensive compliance.

25.1 Updates

NJ Data Diva LLC may update these Terms of Service and related Curriculum Warehouse policies from time to time to reflect changes in:

- Platform functionality;

- business operations;

- technology;

- security practices;

- service providers;

- legal or regulatory requirements; or

- related Curriculum Warehouse practices and policies.

The current version of these Terms of Service and applicable policies will be published within the Curriculum Warehouse Terms & Policies center with an updated “Last Updated” date.

25.2 Version Applicable to a Client

For a Client entering into a written user agreement with NJ Data Diva LLC, the version of these Terms of Service and incorporated Curriculum Warehouse policies in effect on the Effective Date of the applicable Client agreement will govern that Client’s then-current committed term, unless otherwise expressly stated in the applicable agreement.

NJ Data Diva LLC may maintain or archive copies of prior policy versions for contractual, administrative, legal, or recordkeeping purposes.

25.3 Nonmaterial and Operational Updates

NJ Data Diva LLC may make nonmaterial updates during an active Client term that do not materially reduce the Client’s contractual rights or materially increase the Client’s obligations.

Such updates may include changes intended to:

- clarify existing language;

- correct errors;

- reflect nonmaterial Platform changes;

- update contact information;

- identify or update service providers;

- improve security or privacy practices;

- reflect technical or operational changes; or

- address changes that do not materially alter the Client’s commercial agreement.

25.4 Changes Required During an Active Term

A change may apply during an existing Client term where the change is:

- required by applicable law or regulation;

- reasonably necessary to address a security vulnerability, misuse, or material Platform risk;

- necessary to respond to a material change in an underlying technology or service provider;

- expressly permitted by the applicable Client agreement; or

- mutually agreed to in writing by the parties.

Where reasonably practicable, Curriculum Warehouse will provide appropriate notice of a material change that applies during an active Client term.

25.5 Material Contractual Changes

Except as provided in Section 25.4, an online policy update will not retroactively:

- increase a Client’s agreed fees;

- shorten an agreed subscription term;

- materially reduce purchased Services;

- materially expand a Client’s contractual obligations; or

- materially reduce contractual protections applicable to the Client during the then-current committed term.

Material contractual changes will generally become applicable beginning with a subsequent renewal term or upon mutual written agreement.

25.6 Client-Specific Agreements Control

Nothing in this Section permits NJ Data Diva LLC to modify a mutually signed Client-specific agreement solely by updating an online policy where the signed agreement requires mutual written consent for the applicable change.

If a Client-specific agreement establishes different amendment or version-control requirements, the Client-specific agreement will control. Additionally, any updates regarding the website cookies policy will be communicated as necessary.

26.1 Assignment

A Client may not assign its user agreements to another organization without NJ Data Diva LLC's prior written consent, except where otherwise required by law.

NJ Data Diva LLC may assign its agreement in connection with a merger, acquisition, reorganization, sale of substantially all relevant business assets, or similar business transaction, provided that the successor assumes the applicable contractual obligations.

26.2 Severability

If any provision of these Terms of Service is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

26.3 Waiver

Failure by either party to enforce a provision on one occasion does not waive that party's right to enforce the provision later.

26.4 No Third-Party Beneficiaries

Except where expressly stated otherwise, these Terms of Service do not create contractual rights for persons or entities that are not parties to the applicable agreement.

26.5 Notices

Formal contractual notices should be sent to the contact identified in the applicable Order Form or agreement.

Notices to NJ Data Diva LLC may also be sent to:

jackie@curriculumwarehouse.com

26.6 Entire Agreement

The applicable Order Form, these Terms of Service, incorporated policies, including the website cookies policy, and any mutually executed amendments or addenda constitute the agreement between the parties concerning the applicable Services and supersede prior discussions or representations concerning those Services.

If you have any questions regarding our Terms of Service, user agreements, or our website cookies policy, please reach out to: NJ Data Diva LLC Curriculum Warehouse Email: jackie@curriculumwarehouse.com Website: curriculumwarehouse.com