Terms of Service
 
The following are the terms and conditions for the use of services provided by LIVE Online Math (hereafter referred to as the “Company”) including without limitation classroom, e-mail, and other services which may be offered by the Company.  Each feature individually and collectively are referred to as the “Service” or “Services”). Please read this document carefully. Services are provided to individuals who are of the age of consent in the jurisdictions of which they reside, or minors who have parental permissions to open and maintain an account.
 
BY DOWNLOADING AND SUBMITTING ELECTRONICALLY, OR COMPLETETING THE REGISTRATION PROCESS VIA MAIL, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THE SERVICE (hereafter referred to as the “TOS”).
 
Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
 
MEMBER ACCOUNT, PASSWORD, AND SECURITY
 
To receive Services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form and/or speaking with a company representative.
 

DESCRIPTION OF SERVICE
 
Services provided by the Company allow students and parents access the virtual classroom.  Please be advised that the virtual classroom is hosted by a third party company and the Company cannot be held liable for any content that users (parents or students) encounter on the third company party’s website.
 
MEMBER PRIVACY
 
It is the Company’s policy to respect the privacy of its members. The Company maintains a Privacy Policy which can be viewed at www.LIVEonlinemath.com/privacy.html.  The Company will not disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Liveschoolmath has a good faith belief such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Liveschoolmath; (3) enforce this TOS; or (4) act to protect the interests of its members or others.
 
VIRTUAL CLASSROOM CONTENT USED FOR PROMOTIONAL PURPOSES
Occasionally, the Company will use recorded content from the virtual classroom for promotional purposes.  Although unlikely, it is possible that your child’s image and/or voice will be included in a promotional video or picture.  By agreeing to use our Services, you are allowing the Company to continue in this practice where it pertains to you and/or your child.  The Company will not be held liable under any circumstances for what third parties and unauthorized users do with promotional content that contains images and/or audio of students. 
 
MEMBER CONDUCT
 
As a condition of your use of the Service, you attest that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices.
 
The Service is provided to individuals only and personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.
 
 
DISCLAIMERS/LIMITATION OF LIABILITY
 
The information and service included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its business partners may make improvements and/or changes in the Service at any time.
 
The Company does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or harmful components. The Company does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.  Please be assured that the Company makes every reasonable effort to ensure the accuracy of content that is taught.
 
You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party (including other students) or any infringement of another’s rights, including intellectual property rights.
 
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNTITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITE, THE PRIVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS AS BEEN ADVIDED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS REALTED WEB SITES.
 

INDEMNIFICATION
 
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
 
 
RESPONSIBILITY OF PAYMENT
 
You are solely and fully responsible for all costs of Services you have placed an order for.  If you are using a state-funded program or any other entity or alternative means to pay for Services, you are responsible for any remaining balance after said program or alternative means has submitted a partial payment or fails to submit payment altogether.  By agreeing to these Terms of Service, you acknowledge that you are fully liable for any and all fees associated with Services rendered by the Company.
 
 
COPPA
 
COPPA is a law that prohibits companies to collect and use information about minors under the age of 13 without the permission of the parents.  To comply with COPPA, you grant the Company permission to collect personal information about your child(ren) for the purposes of providing Services to your child(ren).  Further, you agree to allow the Company to communicate with your child in order to provide Services.
 
TERMINATION
 
The Company may terminate your access to any part or all of the Service and at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
 
If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
 
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PROPRIETARY RIGHTS TO CONTENT
 
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained presented via the Service is considered the intellectual property of the Company and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you abide by all copyright and other proprietary rules. You may not modify, copy reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated web site (www.LIVEonlinemath.com) including code and software.
 
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
 
The Company reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you about the updated version of the TOS.
 
GENERAL
 
This agreement is governed by the laws of the State of Washington. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Company’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and the Company with respect to the Service. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
 
LANGUAGE
 
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
 

BY COMPLETEING THE REGISTRATION PROCESS, SIGNING AND SUBMITTING BY MAIL OR ELECTRONICALLY, AND USING THE SERVICE, YOU ARE CERTIFYING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THE COMPANY IS UNABLE TO PROVIDE THE SERVICE TO YOU.  YOU SHOULD PRINT AND KEEP A COPY OF THIS AGREEMENT.
 

I HAVE READ AND UNDERSTAND THE TERMS OF SERVICE AND AGREE TO BE BOUND BY IT.
 

Name: ________________________________                  
 
 
Date: _____________________________
 
 
 
I HAVE READ AND UNDERSTAND THE PRIVACY POLICIES OF LIVE ONLINE MATH.
 

Name: ________________________________                  
 
 
Date: _____________________________