Section 1General Disclaimer

Progress Desk is provided by Paper Giants Publishing, LLC (“Company”) on an “AS IS” and “AS AVAILABLE” basis. By accessing, installing, or using Progress Desk (“the Software”), you (“User”) acknowledge and agree that your use of the Software is at your sole risk.

The Company makes no representations or warranties of any kind, express or implied, regarding the Software, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement.

Section 2Limitation of Liability

To the fullest extent permitted by applicable law, Paper Giants Publishing, LLC, its officers, directors, employees, agents, contractors, and affiliates shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Software, including but not limited to:

  • Data Loss. Any loss, corruption, deletion, or unauthorized access of data entered into, stored within, generated by, or transmitted through the Software, whether caused by software malfunction, hardware failure, user error, network interruption, synchronization failure, or any other cause.
  • User Errors. Any errors, omissions, or mistakes made by the User in the entry, management, interpretation, or application of data within the Software, including but not limited to incorrect data entry, miscalculation, misapplication of compliance timelines, or failure to maintain accurate records.
  • Inaccuracies. Any inaccuracies, errors, or omissions in the content, output, calculations, reports, documents, templates, or recommendations generated or displayed by the Software, including but not limited to auto-populated fields, compliance date calculations, goal progress summaries, document templates, or any other generated content.
  • Decisions Based on Software Output. Any professional, educational, legal, or administrative decisions made by the User based on information, reports, documents, or data generated by or stored within the Software.

Section 3Student Data, Educational Records, and FERPA

Progress Desk is designed for use by special education professionals in managing Individualized Education Program (IEP) documentation, student case management, and related educational records. Users acknowledge the following:

  • User Responsibility for FERPA Compliance. The Software is a tool to assist Users in their professional workflows. The User, not the Company, is solely responsible for ensuring that any use of the Software complies with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations at 34 CFR Part 99, as well as any applicable state student privacy laws.
  • No Guarantee of Regulatory Compliance. While the Software is designed with educational data workflows in mind, the Company does not warrant, represent, or guarantee that the Software satisfies all requirements of FERPA, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, or any other federal, state, or local law, regulation, or policy governing student data, educational records, or special education documentation.
  • Student Personally Identifiable Information (PII). The User is solely responsible for the security, accuracy, and lawful handling of all student personally identifiable information entered into or managed through the Software. The Company shall not be liable for any unauthorized disclosure, breach, or misuse of student PII, whether resulting from User conduct, third-party action, or Software malfunction.
  • IEP Documentation. The Software may assist Users in drafting, organizing, or generating IEP-related documentation, including but not limited to Present Levels of Academic Achievement and Functional Performance (PLAAFP) statements, annual goals, progress reports, service delivery records, and accommodation plans. All such documentation remains the sole professional responsibility of the User. The Company does not guarantee the legal sufficiency, accuracy, or compliance of any document generated with the assistance of the Software.

Section 4No Professional or Legal Advice

Nothing in the Software, including templates, auto-generated content, compliance reminders, or workflow tools, constitutes legal advice, professional educational guidance, or a substitute for the independent professional judgment of the User. Users should consult qualified legal counsel, educational administrators, or other appropriate professionals regarding compliance obligations, student rights, and documentation standards.

Section 5User Responsibility

The User assumes full responsibility for:

  • Verifying the accuracy and completeness of all data entered into and generated by the Software.
  • Maintaining independent backup copies of all records, documents, and data.
  • Ensuring that the use of the Software complies with all applicable laws, regulations, district policies, and professional standards.
  • Reviewing and approving all documents and reports before relying upon them or submitting them in any official capacity.

Section 6Indemnification

The User agrees to indemnify, defend, and hold harmless Paper Giants Publishing, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the User's use of the Software, including but not limited to claims related to data loss, inaccurate records, FERPA violations, or noncompliance with applicable law.

Section 7Governing Law

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any disputes arising under this Disclaimer shall be subject to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio.

Section 8Severability

If any provision of this Disclaimer is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Section 9Modifications

Paper Giants Publishing, LLC reserves the right to modify this Disclaimer at any time. Continued use of the Software following any such modification constitutes acceptance of the revised terms.

Paper Giants Publishing, LLC
Columbus, Ohio

This disclaimer does not constitute legal advice. Users are encouraged to consult with a qualified attorney regarding their specific legal obligations and rights.