Supportable Solutions Terms of Service 

Last Updated July 20, 2021. 

Welcome to the website, provided and maintained by Supportable Solutions, LLC ("Supportable Solutions").  Supportable Solutions provides a variety of training products and services (“Products”) available to individuals, schools, and school districts through its website ("Site"). Any purchase from the Site requires you to agree and comply with these Terms of Service together with our Supportable Solutions Privacy Policy.  These Terms of Service together with our Privacy Policy constitute the agreement between you and Supportable Solutions regarding the purchase of products or services (“Agreement”). If you are purchasing any Products on behalf of a school or district you represent (“District”), the District shall also be bound by these Terms of Service and our Privacy Policy. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR PURCHASING ANYTHING FROM THE SITE. BY COMPLETING YOUR PURCHASE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR REFERENCE.  IF THE TERMS BELOW ARE NOT ACCEPTABLE, PLEASE DO NOT COMPLETE YOUR PURCHASE.    

Privacy Policy 

Your acceptance of this Agreement for any purpose, including any purchase from the Site, constitutes your consent to data monitoring and data collection as set forth in our Privacy Policy available at the following URL: www.supportablesolutions.com/privacy

Electronic Communications 

 

When you place an order from the Site, you understand that you are engaging in electronic commerce.  You consent to receive electronic communications from Supportable Solutions with respect to the order.   You agree that all agreements, terms, notices, disclosures and other communications provided to it electronically satisfy any legal requirement that such communication be in writing. 

 

Support and Availability

 

Supportable Solutions is available to answer support or availability questions related to the Products at support@supportablesolutions.com.

Registration and Processing Your Order 

Once an order is received and payment successfully processed, the contact person specified in the order will receive an email with a link, if applicable, to complete the registration and activate the account.

Price and Taxes 

 

Prices remain valid while they are listed and offered on the Site. Supportable Solutions reserves the right, without liability, to revise or cease to make the Products available with prior notice.  The price of the Products ordered will be the price posted on the Order Page as of the date of the order. You are responsible for any and all sales, use, excise, and other taxes, import duties and charges levied as a result of its order.  

 

Order Payments 

 

All orders must be paid for with either a credit or debit card.

 

All credit card purchases are processed by Supportable Solutions’ third-party payment processor.     

 

If the credit card information that you submit is incorrect or invalid, your order may not be processed. Payment is subject to the approval of the financial institution issuing the card. Supportable Solutions assumes no responsibility or liability if the financial institution refuses to accept or honor your card for any reason. 

   

Refunds and Cancellations 

 

You may cancel an order any time before completing purchase. You may request a refund via email at support@supportablesolutions.com. Supportable Solutions may, in its sole discretion, grant you a refund.  

 

Copyright and Trademark Ownership  

 

Any unauthorized use of the trademarks or copyrighted material or trade dress or any other intellectual property of Supportable Solutions is strictly prohibited and may be prosecuted to the fullest extent that the law provides.   

Warranty Disclaimer 

Supportable Solutions does not make any warranty with respect to the Products, the Site or any other content or digital materials available for purchase or download via the Site, all of which are made available "AS IS" and "WITH ALL FAULTS."  Your sole and exclusive remedy in the event it is dissatisfied with any purchase from the Site is to cease use of the product and request a refund as set forth above.   

 

THE FOREGOING WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY PROVIDED BY SUPPORTABLE SOLUTIONS REGARDING ANY CONTENT OR MATERIALS AVAILABLE VIA THE SITE AND THE AGREEMENT AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER.  SUPPORTABLE SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR THIS AGREEMENT, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUPPORTABLE SOLUTIONS, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, AND NO SUCH PERSONS HAVE AUTHORITY TO MODIFY ANY ASPECT OF ANY WARRANTY OR CREATE ANY OTHER WARRANTIES.   

WHILE SUPPORTABLE SOLUTIONS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, SUPPORTABLE SOLUTIONS CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE.  SUPPORTABLE SOLUTIONS AND ITS VENDORS USE INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER SUPPORTABLE SOLUTIONS' CONTROL; HOWEVER, SUPPORTABLE SOLUTIONS DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR. THE ABOVE WARRANTY APPLIES TO THE EXTENT ALLOWED BY APPLICABLE LAW.  

Limitation of Liability 

IN NO EVENT WILL SUPPORTABLE SOLUTIONS OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, YOUR OR THE DISTRICT’S USE OF THE PRODUCTS OR THE SITE, INCLUDING UNAUTHORIZED USERS USING  THE PRODUCTS OR SITE THROUGH YOUR OR THE DISTRICT’S ACCOUNT, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SUPPORTABLE SOLUTIONS IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR USE OF THE PRODUCTS.  NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF SUPPORTABLE SOLUTIONS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. ADDITIONAL REMEDIES AGAINST PROVIDERS MAY BE AVAILABLE UNDER PROVIDERS’ TERMS OF SERVICE.

Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SUPPORTABLE SOLUTIONS AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT EACH OR ANY OF THEM MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR OR THE DISTRICT’S INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF SUPPORTABLE SOLUTIONS, OR ANY OTHER PERSON OR ENTITY, (II) YOUR OR THE DISTRICT’S VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION OR (III) YOUR OR THE DISTRICT’S VIOLATION OF THIS AGREEMENT.  NOTWITHSTANDING THE FOREGOING, SUPPORTABLE SOLUTIONS RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

 

Disputes and Interpretation 

This Agreement is governed by and interpreted under the laws of the State of Wisconsin and the federal laws of the United States, without regard to conflicts of laws principles.  This Agreement and access to the Products will be deemed to have been performed and occurred in the State of Wisconsin and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement.  You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Wisconsin, the County of Dane and the Western District of Wisconsin, as applicable, and waives any objections as to personal jurisdiction, venue and forum nonconveniens. 

 

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  Any cause of action or claim with respect to this Agreement, the Site or use of the Products must be commenced within one (1) year after the action or claim arises.  Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition. 

This Agreement, along with the Supportable Solutions Privacy Policy are the sole terms governing rights to the Products.  Any waiver of any portion of this Agreement will be effective only if in writing and signed by Supportable Solutions. Use of and access to the Products is subject to additional terms and conditions from the Providers. 

Contact Us 

If you have any questions or would like to exercise any rights permitted by law, please contact us at: 

2623 Dublin Way

Waunakee, WI 53597 

Email: support@supportablesolutions.com 

 

Caregiver Letter 

 

Dear Parent or Guardian:

We are Supportable Solutions LLC, a Wisconsin Limited Liability Company. You are receiving this letter in regard to The Why Toolkit, our assessment and documentation tool your child’s school or organization (“Organization”) has purchased to address behavioral health at the Organization. This means your child’s personal data could be collected and stored with The Why Toolkit. By reading this letter, you will hopefully better understand the Why Toolkit, the data The Why Toolkit collects, how the data will be stored, and what rights and control you and your child may have over the data.

 

WHAT IS THE WHY TOOLKIT?

The Why Toolkit is a behavioral health assessment and documentation tool we developed and maintain. The Organization has contracted with Supportable Solutions in order to use the Why Toolkit to assess and document behavioral health and develop plans on how to support the learning of students with behavioral health issues (“Support Plans”). If the Organization performs a behavioral health assessment on your child, then data will be collected on your child through the Why Toolkit.

 

WHAT DATA IS COLLECTED?

As part of the Organization’s use of the Why Toolkit, Organization staff that the Organization’s administration designate will collect the following data (“Data”):

1. Demographic information, such as name, date of birth, gender, and grade in school.
2. Summary of Organization records, such as academic records, discipline records, and assessment records.
3. Behavioral health information, such as health history, social history, and sleep patterns.
4. Observational data from Organization staff.
5. Suggested behavioral health interventions for Support Plans.

 

HOW IS DATA COLLECTED?

The Organization’s administration will designate Organization staff to enter all Data collected in the Why Toolkit. Supportable Solutions will not collect any Data the Organization staff doesn’t enter into the Why Toolkit.

 

HOW WILL DATA BE USED?

Data will be used strictly for assessing behavioral health and developing Support Plans. Unless stated otherwise in this letter or required by law or court order, Data will not be used for any other purpose.

 

HOW IS DATA SUBJECT DATA STORED?

Once Organization staff enter Data into the Why Toolkit, Data is stored on an internet-based database on Amazon Web Services servers. Access to the database is password protected, and the data is also encrypted. Additionally, only a few users within Supportable Solutions have credentials to access the servers. Finally, the servers are physically located within the United States in a secured facility with controlled access to the servers and the facility.

 

HOW LONG IS DATA SUBJECT DATA STORED?

In general, Data Subject Data is stored on the Why Toolkit servers at least as long as the Organization needs it, after which Supportable Solutions will delete the data. Unless otherwise specified by the Organization, Supportable Solutions will continue to store Data Subject Data as long as the Organization continues to contract with Supportable Solutions. Once the Organization ceases to contract with Supportable Solutions, Supportable Solutions will continue to store the data for one year. Supportable Solutions may also delete Data Subject Data sooner if the Organization so requests.

 

WHAT CAN YOU AND YOUR CHILD DO ABOUT THE DATA?

You and your child may have certain rights and privileges as it relates to Data, such as the right to review, request correction, and request deletion of Data related to your child. In order to exercise these rights and privileges, you should contact the Organization to make a request to review, correct, or delete Data. The Organization will forward the request to us. We will not unreasonably withhold approval of the request.

 

WHAT SHOULD I DO IF MY CHILD OR I HAVE QUESTIONS?

Please direct all questions to the Organization. The Organization will forward your questions to us, and Supportable Solutions will provide a timely answer.

 

Sincerely,
Supportable Solutions LLC