Welcome to Education.com (the “Site”). This Site is owned and operated by Education.com, Inc. (“Education.com,” “we,” or “us”). Please feel free to browse this Site, read and print information, and participate in our community, subject to these terms and conditions.
1. Use of the Site and its Content
The contents of this Site, including the text, graphics, images, information, visitor chat, and other materials contained on this Site (“Content”) are for general informational purposes only. Such Content is provided on a blind-basis, without any knowledge as to your identity, jurisdiction, medical condition or specific circumstances.
Content provided by Education.com and various authors and publishers’ providing such information does not constitute the rendering of medical, health, legal or other professional advice or services. Always seek the advice of your physician or other qualified health provider with questions you may have regarding any medical conditions. The Content of this Site should not be relied upon or used as a substitute for consultation with physicians, qualified health professionals, lawyers or other professional advisors.
Reliance on any Content provided on this Site, whether by us, other authors or publishers, or visitors to this Site is solely at your own risk. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Site. There may be delays, omissions, or inaccuracies in Content contained in this Site.
We may alter, suspend, or discontinue this Site, or any content in it, at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. We may also elect, at any time upon notice, to begin to impose fees or charges for access or use of this Site.
2. Registration and Privacy
The Site is directed solely to individuals residing in the United States. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
3. Education.com’s Proprietary Rights
The Site and its Content are the property of Education.com and its licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. For example, and without limitation, “Education.com” and the Education.com logo, and other related marks are trademarks and/or service marks of Education.com, Inc. All other trademarks, service marks, and logos used on our Sites are the trademarks, service marks, or logos of their respective owners.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view and print one copy per child or person of any Content that is available on this Site (such as articles or papers), subject to the following conditions:
- Such Content may be used solely for noncommercial, informational purposes. Educational use in classrooms, tutoring groups, etc. is permitted.
- Such Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information or documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Education.com or such third party that may own the trademark or copyright of material displayed on this Site. If you are interested in reprinting, republishing or distributing content from Education.com, please contact us at webmaster AT education DOT com.
4. User Conduct
You may not republish, upload, post, transmit or distribute Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and may subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
- Post, disseminate, or transmit any Content that is or which we consider, in our sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar, obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise objectionable;
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful or illegal purpose or in violation of any of the rules herein;
- Display material that exploits children under 18 years of age;
- Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent.
- Post, disseminate, or transmit any Content that infringes or violates the copyright, trademark, trade secret, patent, or other proprietary right of any other third party, or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
- Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
- Promote, solicit or participate in multi-level marketing or pyramid schemes;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
- Electronically stalk or otherwise harass another user;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
5. User Content and Correspondence
You acknowledge that Education.com does not generally prescreen Content, but that Education.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Site. Education.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Education.com and its designees will have the right to remove any Content that violates the Agreement or that Education.com considers, in its sole discretion, objectionable, whether for legal or for other reasons.
By posting Content to the Site or by transmitting Content using the Site, you (a) represent and warrant to Education.com that you have all necessary permission to post or transmit Content; and (b) grant to Education.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further agree to waive, to the extent legally permissible, any moral rights in any jurisdictions relating to such Content.
Bulletin boards and chat rooms contain the opinions and views of other users. Education.com is not responsible for the accuracy of any messages on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Education.com regarding the Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights. Education.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, Education.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Education.com, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
6. Printable Workbook Purchases
Additionally, Printable Workbook purchases are subject to the following legal conditions:
- Printable Workbook purchasers (including teachers, homeschooling families, parents and other caregivers) may print or copy as many copies of each purchased Printable Workbook as needed for their students/children.
- All sales of Education.com Printable Workbooks are final and refunds of purchase price will not be given. Purchased Printable Workbooks will be available to logged in Education.com members for at least 30 days after purchase.
- All content within Education.com Printable Workbooks is copyrighted. No portion of a Printable Workbook may be:
- Displayed in whole or in part within a frame on another website.
- Included or distributed in a print publication (paid or free).
- Added to any other server.
- Resold in any manner.
- Education.com Printable Workbook titles and descriptions only may be displayed on other websites. Links referring to Education.com Printable Workbooks must direct users to Education.com. Under no circumstance can a user of another website download an Education.com Printable Workbook from that website.
- Prices for Printable Workbooks and related subscriptions may change at any time. Education.com will not provide price protection or refunds in the event of a price reduction or promotional offering.
- Any questions or issues involving the purchase or download of Education.com Printable Workbooks should be directed to: support AT education DOT com.
7. Features and Links to Other Sites
Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our Sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.
The Site may contain links to other Internet Sites or resources. We neither control nor endorse such other Sites, nor have we reviewed or approved any content that appears on such other Sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, EDUCATION.COM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDUCATION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF EDUCATION.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our Sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at webmaster AT education DOT com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
9. Limitation of Liability
NEITHER EDUCATION.COM, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH EDUCATION.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO EDUCATION.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that Education.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties.
12. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Education.com, Inc. or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our Sites should be sent to ATTN: COPYRIGHT, Education.com, 2317 Broadway St, Suite 240, Redwood City, CA 94063, and emailed to: webmaster AT education DOT com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
This Agreement, together with all Education.com policies referred to herein, constitutes the entire agreement between you and Education.com relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. This Agreement and the relationship between you and Education.com are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You and Education.com agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Mateo County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
14. SchoolFinder Review Guidelines
- Please be thorough and specific when reviewing a school and try to describe several aspects of the school, rather than focusing on just one. Reviews should be between 10 and 150 words.
- When it comes to using a teacher or administrator’s real name, “If you can’t say anything nice, don’t say anything at all.” Reviews containing negative comments or accusations about named individuals or individuals identified by title, such as “the principal”, will not be posted.
- Any review that includes an accusation that someone has committed a crime, including abuse of a child, will not be accepted. We recommend reviewers notify appropriate authorities about these situations and events.
- If you have complaints or unresolved issues, please contact the school directly. Don’t think of this as an opportunity to “vent” and do not state data or facts unless you are sure they are accurate. Do not use offensive language or content —inappropriate reviews will not be accepted. Write clearly with accurate grammar, spelling, and punctuation. Do not write in all capital letters.
- Parents and teachers, please write only one review per school. Please limit reviews to schools with which you have had personal experience in the last six years.
- Students must be 13 years of age or older in order to write reviews.
- Student’s names will never be displayed for privacy reasons. Parents should not include a child’s name in a review.
15. Education.com PLUS
Education.com, Inc. (“Company”) appreciates your interest in purchasing a membership to our online learning program, Brainzy (“Membership”). To complete your purchase you must do the following:
- Read the agreement set forth below;
- Complete your contact information and Education.com user profile; and
- Purchase your Membership as instructed on the Education.com website.
1. Binding Effect
This is a binding agreement. By purchasing an Education.com Brainzy Membership, you agree to abide by these Terms of Service (“Terms of Service” or “Agreement”), as they may be amended by Company from time to time in its sole discretion. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately cease all use of the Membership. BY PURCHASING THE EDUCATION.COM BRAINZY MEMBERSHIP YOU AGREE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. Purchase Price of Education.com Brainzy Membership
You agree to purchase the Education.com Brainzy Membership for the prices as listed on the Education.com website (“Site”) at the time of such purchase (including at the time of any automatic Membership renewals). Any questions or issues involving the purchase or use of the Education.com Brainzy Membership should be directed by email to: support AT education DOT com.
3. Risk-Free Start Terms
Your Membership comes with a seven (7) day risk-free start. You may cancel your subscription any time within 7 days of purchase to receive a complete refund of your purchase price. To exercise this satisfaction guarantee refund, simply send an email to support AT education DOT com. On the 8th day following your purchase of the Education.com Brainzy Membership, the purchase becomes final and nonrefundable. You may cancel your Membership at any time but no portion of the membership price will be refunded. Prices for the Membership and related subscriptions may change at any time. Company will not provide price protection or refunds in the event of a price reduction or promotional offering. The amount of your refund will be limited to the purchase price you paid to Education.com on the day of your purchase.
4. Benefits of Education.com Brainzy Membership
The following benefits and restrictions apply:
- You may create up to three (3) player accounts.
- Each player will have unlimited access to the Brainzy program for the duration of the membership.
- At its sole discretion, Education.com may elect to provide additional membership benefits – including but not limited to exclusive printable content. You will not be required to pay additional fees for these added benefits.
- You may elect to subscribe to and receive a monthly premium newsletter from Company (the “Newsletter”). The Newsletter may provide exclusive content, to be determined at Company’s sole discretion, that would be available only to Education.com Brainzy Members who subscribe to the Newsletter.
- You may also choose to purchase individual Printable Workbooks or a PLUS membership from Company on a case-by-case basis, subject to separate terms and conditions that must be agreed to. Such other terms and conditions may allow for unlimited access to those purchased materials but will not change the terms of this Agreement.
6. User Account
Prior to purchasing an Education.com Brainzy Membership, you are required to open an Education.com account to use and access the Site (your “Education.com Profile”) by completing a registration process and providing complete and accurate information on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You may not authorize any other person or organization to access your account. You agree to notify Company immediately about any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
7. Use of Education.com Brainzy Membership
Any data, downloads, or other materials provided to you as part of your Membership (collectively, “Content”) is deemed to be licensed to you by Company as follows: a) If you are purchasing a Membership as an individual for home use, homeschooling, or caregiving, the Content is licensed to you for your personal, noncommercial, use only. b) If you are purchasing a Membership in your capacity as a teacher or on behalf of a school, the Content is licensed to you for use by you and students enrolled in your classroom only. No Content may be shared in any manner except as stated above. Only you may log in to your account and access your Profile. Company does not transfer either the title or the intellectual property rights to Content, and Company, its affiliates, or its licensors retain full and complete title to Content as well as all intellectual property rights therein. Except as expressly provided in this Section of this Agreement, you may not sell, redistribute, or reproduce the Content, or any modifications, portions of, or derivatives of the Content. Under no circumstances may Content be displayed on other websites or in printed publications. YOU MAY NOT SHARE WITH OR PROVIDE CONTENT TO OTHER TEACHERS OR THEIR STUDENTS WITHIN YOUR SCHOOL. EACH MEMBERSHIP IS FOR USE BY ONE TEACHER ONLY.
8. Compliance with Intellectual Property Laws
When accessing the Content or Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Content and Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you download or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. Copyright Infringement
All Content is copyrighted. No portion of a Brainzy game or other Brainzy activity may be: (a) displayed in whole or in part within a frame on another website; (b) included or distributed in a print publication (paid or free); (c) added to any other server; or (d) resold in any manner. Company will take legal action against any entity taking any of the above actions without express written permission from Company.
10. Alleged Violations
Company reserves the right to terminate your Membership, use of Content, and/or use of the Site. You agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Membership, Content, or Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your Membership and your access to the Content or Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Membership, Content, or Site by others.
11. NO WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE MEMBERSHIP, CONTENT, AND SITE AVAILABLE “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE CONTENT, MEMBERSHIP, OR SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MEMBERSHIP, CONTENT, AND SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (i) THE INFORMATION IN THE CONTENT OR ON THE SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE CONTENT, SITE, AND THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
12. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH COMPANY, INCLUDING THE MEMBERSHIP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP, CONTENT OR SITE IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Membership, Content, or Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your Membership, of any intellectual property or other right of any third party.
14. Term and Termination
You understand and agree that Company may, under certain circumstances and without prior notice to you, terminate your access to and use of the Membership, Content, or Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties. Company may terminate this Agreement at any time with or without cause in Company’s sole discretion on notice to you.
Company may, in its sole discretion and without prior notice, revise these Terms of Service or modify the Site and its related services. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Membership or Site following notice of any revision, you shall abide by any such revision.
This Agreement, together with all Company’s policies referred to herein, constitutes the entire agreement between you and Company relating to your use of the Membership, Content, and Site and supersedes any and all prior or contemporaneous written or oral agreements on that subject. This Agreement and the relationship between you and Company are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You may not assign this Agreement or its rights or obligations to any third party. You and Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Mateo County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
BY PURCHASING YOUR EDUCATION.COM BRAINZY MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
2. Information and Data Collection
THROUGH THE SITE: You can generally visit the Site without revealing any personally identifiable information about yourself. However, in certain sections of the Site, Intuary may invite you to contact Intuary with questions or comments or to request information from Intuary, and due to the nature of these activities, Intuary may collect personally identifiable information such as your email address and any other personally identifiable information that you may provide to Intuary when you contact Intuary. In addition, Intuary may track the total number of visitors to the Site, the number of visitors to each page of the Site, browser type, IP addresses and External Web Sites (defined below) linked to, and Intuary may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information.
THROUGH THE PRODUCT: Intuary transparently and anonymously tracks and collects information about your use of the Product, including the type of operating system on which you use the Product, the version of the Product you are using, the types of activity for which you use the Product, the number of times you use the Product, the duration of use of the Product, the specific stories read using the Product, the types of buttons that you tap when using the Product and the types of technical problems that you may incur during use of the Product. The information extracted from this data is maintained, used and disclosed in aggregate form only and will not contain any personally identifiable information.
4. Links to Third Party Sites
5. Children’s Privacy
Intuary recognizes the privacy interests of children and Intuary encourages parents and guardians to take an active role in their children's online activities and interests. The Site is not intended for children under the age of 13. Intuary does not knowingly collect personally identifiable information from children under the age of 13.
Intuary may employ procedural and technological security measures that are reasonably designed to help protect against loss, unauthorized access, disclosure, alteration or destruction of information and data, such as password protection and secure socket layer.
7. Processing of Personal Information
1.ACCESS TO THE SERVICES
The www.splashmath.com website and domain name and all other websites and domain names affiliated with StudyPad, and any other linked pages, features, content, or application services (including "Splash Math" and other applications) offered from time to time by StudyPad in connection therewith (collectively, the "Website") are owned and operated by StudyPad. Subject to the terms and conditions of this Agreement, StudyPad may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website (together with the Website, "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service StudyPad performs for you and the Content (as defined below) offered by StudyPad on the Website. StudyPad may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. StudyPad may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. StudyPad reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You represent and warrant to StudyPad that:
- You are an individual (i.e., not a corporation) and you are of legal age to form a binding contract (or, if you are a minor, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
- All registration information you submit is accurate and truthful;
- You will maintain the accuracy of such information;
- If a child under the age of 13 will be using the Website or Services, you are the parent or legal guardian of that child. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. USE BY CHILDREN
3. ADDITIONAL TERMS
If you are under the age of thirteen and using the Website or Services, the following terms also apply to you:
- Remember, you must get your parent or guardian to read this Agreement before using the Website.
- You will only access the Services using the Website or Services through your parent or guardian's profile, not anyone else's. You may not use the Website or Services using anyone else's application or user profile.
If you are accessing the Services as a parent, the following terms also apply to you:
- You will only allow minor for whom you are legally responsible to use the Website and Application, and only through an account established and paid for by you. You agree not to allow the minor log into or use any chat room, feedback forum, or blog that may be present on the Website or through the Services.
- You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.
4. WEBSITE CONTENT
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
- Without the express prior written consent of the respective owners, and
- In any way that violates any third party right.
5. YOUR WARRANTY
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that
- Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
- Violates any law, statute, ordinance or regulation;
- Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
- Involves commercial activities and/or sales without StudyPad’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Impersonates any person or entity, including without limitation any employee or representative of StudyPad; or
- Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. StudyPad reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if StudyPad is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not StudyPad, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to StudyPad and to grant StudyPad the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any StudyPad user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
7. WARRANTY DISCLAIMER
StudyPad has no special relationship with or fiduciary duty to you. You acknowledge that StudyPad has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release StudyPad from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. StudyPad makes no representations concerning any content contained in or accessed through the Services, and StudyPad will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with StudyPad and select a password and user name ("StudyPad User ID"). You shall provide StudyPad with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not
- Select or use as a StudyPad User ID a name of another person with the intent to impersonate that person; or
- Use as a StudyPad User ID a name subject to any rights of a person other than you without appropriate authorization. StudyPad reserves the right to refuse registration of or cancel a StudyPad User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold StudyPad, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL STUDYPAD OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
- FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100;
- FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
- FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- FOR ANY MATTER BEYOND STUDYPAD’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. FEES AND PAYMENT
StudyPad reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. StudyPad reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
13. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by StudyPad, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its "Facebook Connect" functionality. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. StudyPad has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, StudyPad will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless StudyPad from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that StudyPad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that StudyPad is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release StudyPad, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. StudyPad may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. StudyPad may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. StudyPad shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond StudyPad’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with StudyPad’s prior written consent. StudyPad may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind StudyPad in any respect whatsoever.
16. COPYRIGHT DISPUTE POLICY
StudyPad has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of StudyPad’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is StudyPad’s policy to
- Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that StudyPad is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is StudyPad’s policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that StudyPad will terminate such content provider's, member's or user's access to the Services.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which StudyPad is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, StudyPad may send a copy of the counter-notice to the original complaining party informing that person that StudyPad may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at StudyPad’s discretion. Please contact StudyPad’s Designated Agent to Receive Notification of Claimed Infringement at the following address: Designated Agent to Receive Notification of Claimed Infringement: Joy Deep Nath e-mail: email@example.com
17. APPLE DEVICE AND APPLICATION TERMS
- In the event you are using the Services in connection with a device provided by Apple, Inc. ("Apple") or a StudyPad application obtained through the Apple App Store (collectively, such uses are henceforth the "Application"), the following shall apply:
- 17.1 You acknowledge and agree that this Agreement is concluded between you and the StudyPad only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- 17.2 The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
- 17.3 You will only use the Application in connection with an Apple device that you own or control;
- 17.4 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- 17.5 In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- 17.6 You acknowledge and agree that StudyPad, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- 17.7 You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, StudyPad, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- 17.8 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- 17.9 You acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
- 17.10 You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary thereof;
- CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org