Industry Specific Terms
Effective Date: February 19, 2024
The terms of this Industry-Specific Supplement (“Industry-Specific Terms”) supplement and amend the Customer Terms for Customers that fall into the corresponding category of industry. If there is any conflict between the Industry-Specific Terms and the Customer Terms, the applicable terms in the Industry-Specific Terms will prevail. Nothing in this Industry-Specific Supplement makes Knowledge Transfer LLC a government contractor for any federal, state, local, or foreign government.
1. U.S. Government Customers
If you are a U.S. government or U.S. public entity (or the use of RadiansERP is for or in support of the U.S. government), the terms of the Industry-Specific Supplement in this Section 1 will apply.
a. Use by or for the U.S. Government. RadiansERP are a “commercial product,” “commercial service,” and “commercially off-the-shelf (COTS) item” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related Documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
b. Indemnification; Auto-renewal; Venue; Legal Fees. The sections in the Customer Terms titled “Renewals,” “Customer Indemnification,” “Dispute Resolution; Class Action Waiver,” and “Governing Law; Venue” are hereby waived to the extent they are inconsistent with federal law.
c. No endorsement. Knowledge Transfer LLC agrees that your seals, trademarks, logos, service marks, trade names, and the fact that you have a presence on the Website and use RadiansERP, will not be used by Knowledge Transfer LLC in such a manner as to state or imply that RadiansERP are endorsed, sponsored or recommended by you or by any other element of the U.S. government, or are considered by you or the U.S. government to be superior to any other products or services. Except for pages whose design and content is under your control, or for links to or promotion of such pages, Knowledge Transfer LLC agrees not to display any of your government seals, trademarks, logos, service marks, and trade names on our Websites or elsewhere on one of the Knowledge Transfer LLC hosted sites unless permission to do so has been granted by you or by other relevant federal government authority.
2. State or Local Government Customers
If you are a state or local government entity, the terms of the Industry-Specific Supplement in this Section 2 will apply. If you are an individual utilizing RadiansERP but not as an Authorized User in your official capacity as a state or local government official, these terms shall not apply.
a. The Sections in the Customer Terms entitled “Renewals,” “Customer Indemnification,” “Dispute Resolution; Class Action Waiver,” and “Governing Law; Venue” will not apply to you only to the extent your jurisdiction’s law prohibits you from accepting the requirements of those Sections.
3. Education Professional Customers
a. Age Restrictions. RadiansERP is not intended for and may not be used by individuals under 18 years of age except as provided by, and subject to, this Section 3. Children under the age of 18 shall only use RadiansERP under the supervision of their parent/guardian or school/educator and are specifically prohibited from the use of RadiansERP otherwise.
b. Federal Law. If you are a school or educator in the United States and want your students to use RadiansERP, you are and shall be responsible for complying with the U.S. Family Educational Rights and Privacy Act ("FERPA"), state and local educational privacy laws in your locale, and the Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”). To the extent that Knowledge Transfer LLC has access to “education records,” as defined by FERPA and its implementing regulations, it is deemed and shall function as a “school official” with “legitimate educational interests” when fulfilling its responsibilities under this TOS, and both parties agree that you have “direct control” over the use of “education records” as these terms are defined under FERPA. Knowledge Transfer LLC agrees to comply with its obligations under FERPA, including but not limited to the limitations on re-disclosure of personally identifiable information from education records set forth in FERPA and with the terms set forth below. This means you shall notify those students' parents/guardians of the personally identifiable information that you will collect and share with us and obtain parental/guardian consent before its students use RadiansERP. When obtaining such consent, you shall provide parents/guardians with a copy of our Privacy Policies. Additionally, you shall be responsible for verifying the student-parent relationship and shall be responsible for compliance with the right of a parent to review personal information provided by the child. You shall comply with such requirements by requesting and providing Knowledge Transfer LLC with an educational record request or request for the personal information of a student processed by Knowledge Transfer LLC if you are unable to respond to such request without assistance, or any changes to such data requested by the parent and providing the data to the parent after verification of the student-parent relationship. If you are located outside of the United States, Knowledge Transfer LLC shall rely upon you and you shall obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to your and your students' use of RadiansERP, you shall comply with such laws.
4. Financial Services Customers.
Knowledge Transfer LLC’s security program follows FINRA and GLBAguidelines. However, you acknowledge that sensitive financial information such as financial account numbers, social security numbers, and similarly sensitive information are not necessary to use RadiansERP. You agree that you shall not (nor permit your Authorized Users to) provide such sensitive financial information to Knowledge Transfer LLC in connection with your use of RadiansERP.