Education.com Brainzy Terms of Use

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;
• Read and agree to Education.com’s general Terms of Use (www.education.com/terms-of-use) if you have not already done so
• Complete your contact information and Education.com user profile; and
• Purchase your Membership as instructed on the Education.com website.

• 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.

• 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.

• 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.

• Benefits of Education.com Brainzy Membership

  The following benefits and restrictions apply:

  1. You may create up to three (3) player accounts.
  2. Each player will have unlimited access to the Brainzy program for the duration of the membership.
  3. 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.
  4. 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.
  5. 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.

• Additional Terms and Privacy Policy

  By purchasing a Membership and using the Site, you also expressly accept the Site’s general terms of use and privacy policy. A complete statement of the Company Site’s current terms of use and privacy policy can be found at www.education.com/terms-of-use/ and www.education.com/privacy/, respectively. The Site terms of use and privacy policy are expressly incorporated into this Agreement by this reference.

• 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:

  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.

  1. 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.
  2. 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• Indemnity

  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.

• Term and Termination

  Memberships may be purchased by you as either a one (1) month subscription or twelve (12) month subscription (the "Initial Term"). The Initial Term shall begin on the earliest date that you have both agreed to be bound by the terms hereof by clicking on the check box labeled “I accept the Education.com Brainzy Terms of Use” on the Education.com Brainzy checkout page and paid Company for your Membership (the “Effective Date”) and shall continue for the duration of your elected one (1) month or twelve (12) month subscription or until otherwise terminated as provided herein. This Agreement shall be automatically renewed at the end of the Initial Term and at the end of each subsequent term unless and until you cancel or Company terminates your Membership. Each successive term will be for the same duration as the Initial Term. At the time of any renewal, Company will automatically charge you for the next term of services at Education.com’s then-current fees for the applicable Membership. You may cancel your Membership at any time per this Agreement.

  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.

• Modifications

  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.

• 16. Miscellaneous

  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.

• 17. ACKNOWLEDGMENT

  BY PURCHASING YOUR EDUCATION.COM BRAINZY MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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  The Terms of Use was last updated on September 3, 2013.