Circumventure Learning Corporation (“Circumventure,” “we,” “us,” “our”) provides its services

 

to you through its website located at www.circumventurelearning.com (the “Site”) and its mobile

 

applications and related services (collectively, such services, including any new features and

 

applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as

 

amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion,

 

to change or modify portions of these Terms of Service at any time without further notice. You

 

should visit this page regularly to review the current Terms of Service so you are aware of any

 

revision to which you are bound. If you do not agree to abide by these or any future Terms of

 

Service, please do not use or access (or continue to use or access) the Service. Your continued use

 

of the Site after any such changes constitutes your acceptance of any new Terms of Service.

 

Also, when using certain Services, you shall be subject to any additional terms applicable to such

 

Services that may be posted on the particular Service from time to time, including, without

 

limitation, the Privacy Policy located at http://www.circumventurelearning.com/privacy-

 

policy.html. All such terms are hereby incorporated by reference into these Terms of Service.

 

ACCESS AND USE OF SERVICES

 

Services: Circumventure Services are designed to find effective ways to help kids learn the

 

knowledge and skills they will need on their own initiative and on their own time. SkyMath is a

 

mobile application designed to determine where users are in math through a quick adaptive

 

assessment, recommend curated apps and videos for the next math skills each user is then ready

 

for, and help with a variety of motivational mechanisms on a mobile device.

 

Registration: You may be required to register with Circumventure in order to access and use

 

certain features of the Service. If you choose to register for the Service, you agree to provide and

 

maintain true, accurate, current and complete information about yourself as prompted by the

 

Service’s registration form. Registration data and certain other information about you are

 

governed by our Privacy Policy located at http://www.circumventurelearning.com/privacy-

 

policy.html. If you are under 18 years old, you may use the Service, with or without registering,

 

only with the approval of your parent or guardian. If you are under 13 years of age, you are not

 

authorized to use the Service unless we obtain verifiable parental consent. Children under 13 and

 

their parents and guardians should familiarize themselves with our Privacy Policy located at

 

http://www.circumventurelearning.com/privacy-policy.html.

 

Member Account, Password and Security: You are responsible for maintaining the

 

confidentiality of your password and account, if any, and are fully responsible for any and all

 

activities that occur under your password or account. You agree to (a) immediately notify

 

Circumventure of any unauthorized use of your password or account or any other breach of

 

security, and (b) ensure that you exit from your account at the end of each session when accessing

 

the Service. Circumventure will not be liable for any loss or damage arising from your failure to

 

comply with this Section.

 

Modifications to Service: Circumventure reserves the right to modify or discontinue,

 

temporarily or permanently, the Service (or any part thereof) with or without notice. You agree

 

that Circumventure shall not be liable to you or to any third party for any modification,

 

suspension or discontinuance of the Service.

 

General Practices Regarding Use and Storage: You acknowledge that Circumventure may

 

establish general practices and limits concerning use of the Service, including without limitation

 

the maximum period of time that data or other content will be retained by the Service and the

 

maximum storage space that will be allotted on Circumventure’s servers on your behalf. You

 

agree that Circumventure has no responsibility or liability for the deletion or failure to store any

 

data or other content maintained or transmitted by the Service. You acknowledge that

 

Circumventure reserves the right to terminate accounts that are inactive for an extended period of

 

time. You further acknowledge that Circumventure reserves the right to change these general

 

practices and limits at any time, in its sole discretion, with or without notice.

 

Mobile Services: The Service includes certain services that are available via a mobile device,

 

including (i) the ability to browse the Service and the Site from a mobile device and (ii) the

 

ability to access certain features through an application downloaded and installed on a mobile

 

device (collectively, the “Mobile Services”). To the extent you access the Service through a

 

mobile device, your wireless service carrier’s standard charges, data rates and other fees may

 

apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or

 

restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

CONDITIONS OF USE

 

User Conduct: You are solely responsible for all information, data, text, software, music, sound,

 

photographs, graphics, video, messages or other materials (“content”) that you upload, post,

 

publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The

 

following are examples of the general kind of content and/or use that is illegal or prohibited by

 

Circumventure. Circumventure reserves the right to investigate and take appropriate legal action

 

against anyone who, in Circumventure’s sole discretion, violates this provision, including without

 

limitation, removing the offending content from the Service, suspending or terminating the

 

account of such violators and reporting you to the law enforcement authorities. You agree to not

 

use the Service to:

 

a) Post, email or otherwise transmit any content that (i) is unlawful, harmful,

 

b) Impersonate any person or entity, or falsely state or otherwise misrepresent your

 

c) Solicit personal information from anyone under the age of 18;

 

threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar,

 

obscene, pornographic, libelous, invasive of another’s privacy, hateful racially,

 

ethnically or otherwise objectionable; (ii) you do not have a right to transmit under

 

any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy

 

or security risk to any person; (iv) infringes any intellectual property or other

 

proprietary rights of any party; (v) constitutes unsolicited or unauthorized

 

advertising, promotional materials, commercial activities and/or sales, “junk mail,”

 

“spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other

 

form of solicitation; (vi) contains software viruses or any other computer code, files

 

or programs designed to interrupt, destroy or limit the functionality of any computer

 

software or hardware or telecommunications equipment; or (vii) in the sole judgment

 

of Circumventure, is objectionable or which restricts or inhibits any other person

 

from using or enjoying the Service, or which may expose Circumventure or its users

 

to any harm or liability of any type;

 

affiliation with a person or entity;

 

d) Harvest or collect email addresses or other contact information of other users from

 

e) Advertise or offer to sell or buy any goods or services for any business purpose that

 

f) Interfere with or disrupt the Service or servers or networks connected to the Service,

 

g) Violate any applicable local, state, national or international law, or any regulations

 

the Service or the Site by electronic or other means for the purposes of sending

 

unsolicited emails or other unsolicited communications;

 

is not specifically authorized;

 

or disobey any requirements, procedures, policies or regulations of networks

 

connected to the Service; or

 

having the force of law; further or promote any criminal activity or enterprise or

 

provide instructional information about illegal activities; or obtain or attempt to

 

access or otherwise obtain any materials or information through any means not

 

intentionally made available or provided for through the Service.

 

Fees: You acknowledge that Circumventure reserves the right to charge for any portion of the

 

Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees

 

when due in accordance with the terms set forth on the Site.

 

Special Notice for International Use; Export Controls: Software (defined below) available in

 

connection with the Service and the transmission of applicable data, if any, is subject to United

 

States export controls. No Software may be downloaded from the Service or otherwise exported

 

or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole

 

discretion and risk. Recognizing the global nature of the Internet, you agree to comply with all

 

local rules and laws regarding your use of the Service, including use as it concerns online conduct

 

and acceptable content.

 

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not

 

to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative

 

works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any

 

portion of the Service, use of the Service, or access to the Service. The Service is for your

 

personal use and may not be used for direct commercial endeavors.

 

INTELLECTUAL PROPERTY RIGHTS

 

Cirumventure’s Service Content, Software and Trademarks: You acknowledge and agree

 

that the Service may contain content (“Service Content”) that is protected by copyright, patent,

 

trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by

 

Circumventure, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or

 

create derivative works based on the Service or the Service Content, in whole or in part. In

 

connection with your use of the Service, you shall not engage in or use any data mining, robots,

 

scraping or similar data gathering or extraction methods. Any use of the Site or the Service

 

Content other than as specifically authorized herein is strictly prohibited. The technology and

 

software underlying the Service or distributed in connection therewith is the property of

 

Circumventure, our affiliates and our partners (the “Software”). You agree not to copy, modify,

 

create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover

 

any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any

 

rights not expressly granted herein are reserved by Circumventure.

 

The Circumventure name and logos are trademarks and service marks of Circumventure

 

(collectively the “Circumventure Trademarks”). Other company, product, and service names and

 

logos used and displayed via the Service may be trademarks or service marks of their respective

 

owners who may or may not endorse or be affiliated with or connected to Circumventure.

 

Nothing in these Terms of Service or the Service should be construed as granting, by implication,

 

estoppel, or otherwise, any license or right to use any of Circumventure Trademarks displayed on

 

the Service, without our prior written permission in each instance. All goodwill generated from

 

the use of Circumventure Trademarks will inure to our exclusive benefit.

 

Curated Third Party Content: While you acknowledge that we curate content, under no

 

circumstances will Circumventure be liable in any way for any content posted by third parties or

 

at the direction of users, including, but not limited to, for any errors or omissions in any content,

 

or for any loss or damage of any kind incurred as a result of the use of any content posted,

 

emailed or otherwise transmitted via the Service. Circumventure and its designees will work

 

expeditiously to remove any content that violates these Terms of Service or is deemed by

 

Circumventure, in its sole discretion, to be otherwise objectionable. That said, 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 curated content.

 

User-Generated Content: You are solely responsible for the content and other materials you

 

post on or through the Service or the Site or transmit to or share with other users or recipients

 

(collectively, “User Content”). You will not post any content that you did not create or that you

 

do not own all right, title and interest in and to, including, without limitation, all copyright and

 

rights of publicity contained therein. By posting any User Content you hereby grant and will grant

 

Circumventure and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up,

 

transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform,

 

distribute, store, modify and otherwise use your User Content in connection with the operation of

 

the Service or the promotion, advertising or marketing thereof, in any form, medium or

 

technology now known or later developed.

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

 

information about the Site or the Service (“Submissions”), provided by you to Circumventure are

 

non-confidential and Circumventure shall be entitled to the unrestricted use and dissemination of

 

these Submissions for any purpose, commercial or otherwise, without acknowledgment or

 

compensation to you.

 

You acknowledge and agree that Circumventure may preserve content and may also disclose

 

content if required to do so by law or in the good faith belief that such preservation or disclosure

 

is reasonably necessary to: (a) comply with legal process, applicable laws or government

 

requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the

 

rights of third parties; or (d) protect the rights, property, or personal safety of Circumventure, its

 

users and the public. You understand that the technical processing and transmission of the

 

Service, including your content, may involve (a) transmissions over various networks; and (b)

 

changes to conform and adapt to technical requirements of connecting networks or devices.

 

THIRD PARTY MOBILE APPLICATIONS, WEBSITES, AND RESOURCES

 

The Service may provide, or third parties may provide, links or other access to other mobile

 

applications, websites, and resources on the Internet. Circumventure has no control over any

 

independent mobile applications, websites and resources. You further acknowledge and agree that

 

Circumventure shall not be responsible or liable, directly or indirectly, for any damage or loss

 

caused or alleged to be caused by or in connection with use of or reliance on any content, events,

 

goods or services available on or through any such application, website, or resource. Any

 

dealings you have with third parties found while using the Service are between you and the third

 

party, and you agree that Circumventure is not liable for any loss or claim that you may have

 

against any such third party. Please remember that the manner in which third party mobile

 

applications, websites, and resources use, store and disclose your information is governed solely

 

by the policies of any third parties, and Circumventure shall have no liability or responsibility for

 

the terms of service, privacy practices or other actions of any third party site or service that may

 

arise from your use of the Circumventure Service.

 

INDEMNITY AND RELEASE

 

You agree to release, indemnify and hold Circumventure and its affiliates and their officers,

 

employees, directors and agent harmless from any from any and all losses, damages, expenses,

 

including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including

 

death) arising out of or relating to your use of the Service, any User Content, your connection to

 

the Service, your violation of these Terms of Service or your violation of any rights of another.

 

DISCLAIMER OF WARRANTIES

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE

 

SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

CIRCUMVENTURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,

 

WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO

 

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

 

PURPOSE, TITLE AND NON-INFRINGEMENT.

 

CIRCUMVENTURE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET

 

YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,

 

SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE

 

USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF

 

ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR

 

OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIRCUMVENTURE SHALL NOT

 

BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,

 

EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT

 

NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER

 

INTANGIBLE LOSSES (EVEN IF CIRCUMVENTURE HAS BEEN ADVISED OF THE

 

POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,

 

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE

 

OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF

 

SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,

 

INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED

 

OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)

 

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR

 

DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

 

OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL

 

CIRCUMVENTURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR

 

CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CIRCUMVENTURE IN

 

THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES

 

OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR

 

CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS

 

SET FORTH ABOVE MAY NOT APPLY. IF YOU ARE DISSATISFIED WITH ANY

 

PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND

 

EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

ARBITRATION

 

At Circumventure’s or your election, all disputes, claims, or controversies arising out of or

 

relating to these Terms of Service or the Service that are not resolved by mutual agreement may

 

be resolved by binding arbitration to be conducted before JAMS or its successor. Unless

 

otherwise agreed by the parties, arbitration will be held in San Francisco, California before a

 

single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a

 

single arbitrator appointed by JAMS or its successor, and will be conducted in accordance with

 

the rules and regulations promulgated by JAMS or its successor unless specifically modified in

 

these Terms of Service. The arbitration must commence within forty-five (45) days of the date on

 

which a written demand for arbitration is filed by either party. The arbitrator’s decision and award

 

shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within

 

six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award

 

damages in excess of the limitation on actual compensatory, direct damages set forth in these

 

Terms of Service and may not multiply actual damages or award punitive damages or any other

 

damages that are specifically excluded under these Terms of Service, and each party hereby

 

irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess

 

costs and expenses (including the reasonable legal fees and expenses of the prevailing part)

 

against any party to a proceeding. Any party refusing to comply with an order of the arbitrators

 

will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in

 

enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary

 

injunctive relief, any party may proceed in court without prior arbitration for the purpose of

 

avoiding immediate and irreparable harm. The provisions of this arbitration section will be

 

enforceable in any court of competent jurisdiction.

 

TERMINATION

 

You agree that Circumventure, in its sole discretion, may suspend or terminate your account (or

 

any part thereof) or use of the Service and remove and discard any content within the Service, for

 

any reason, including, without limitation, lack of use or if Circumventure believes that you have

 

violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected

 

fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service,

 

may be referred to appropriate law enforcement authorities. Circumventure may also in its sole

 

discretion and at any time discontinue providing the Service, or any part thereof, with or without

 

notice. You agree that any termination of your access to the Service under any provision of this

 

Terms of Service may be effected without prior notice, and acknowledge and agree that

 

Circumventure may immediately deactivate or delete your account and all related information and

 

files in your account and/or bar any further access to such files or the Service. Further, you agree

 

that Circumventure shall not be liable to you or any third-party for any termination of your access

 

to the Service for any reason.

 

USER DISPUTES

 

You agree that you are solely responsible for all of your interactions with any other user in

 

connection with the Service and Circumventure will have no liability or responsibility with

 

respect thereto. Circumventure reserves the right, but has no obligation, to become involved in

 

any way with disputes between you and any other user of the Service.

 

GENERAL

 

These Terms of Service constitute the entire agreement between you and Circumventure and

 

govern your use of the Service, superseding any prior agreements between you and

 

Circumventure with respect to the Service. You also may be subject to additional terms and

 

conditions that may apply when you use affiliate or third-party services, third-party content or

 

third-party software. Our Terms of Service shall be governed by the laws of the State of

 

California without regard to its conflict of law provisions. With respect to any disputes or claims

 

not subject to arbitration, as set forth above, you and Circumventure agree to submit to the

 

personal and exclusive jurisdiction of the state and federal courts located within San Francisco

 

County, California. The failure of Circumventure to exercise or enforce any right or provision of

 

these Terms of Service shall not constitute a waiver of such right or provision. If any provision of

 

these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties

 

nevertheless agree that the court should endeavor to give effect to the parties’ intentions as

 

reflected in the provision, and the other provisions of these Terms of Service remain in full force

 

and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of

 

action arising out of or related to use of the Service or these Terms of Service must be filed

 

within one (1) year after such claim or cause of action arose or else any such claim or cause of

 

action shall be forever barred. A printed version of this agreement and of any notice given in

 

electronic form shall be admissible in judicial or administrative proceedings based upon or

 

relating to this agreement to the same extent and subject to the same conditions as other business

 

documents and records originally generated and maintained in printed form. The section titles in

 

these Terms of Service are for convenience only and have no legal or contractual effect. Notices

 

to you may be made via either email or regular mail. The Service may also provide notices to you

 

of changes to these Terms of Service or other matters by displaying notices or links to notices

 

generally on the Service.

 

PRIVACY

 

We respect your privacy so keeping your information safe is important. For more details about

 

how Circumventure protects your privacy and information, please see our Privacy Policy located

 

at http://www.circumventurelearning.com/privacy-policy.html. Please keep in mind that by using

 

the Service, you consent to our Privacy Policy as outlined therein.

 

CONTACT US

 

 

you any questions, concerns, or suggestions regarding these terms or the Service.

TERMS OF SERVICE

 


info@skymath.com

 

© 2015 Circumventure Learning All Rights Reserved.

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