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.
EMAIL LIST SUBSCRIPTION
Upon creating a user account, your email address will be automatically added to the Company's email list for the purposes of sending occasional informational and/or advertisement related emails. You may unsubscribe at any time.
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 the Company 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 the Company; (3) enforce this TOS; or (4) act to protect the
interests of its members or others.
VIRTUAL CLASSROOM CONTENT USED FOR PROMOTIONAL PURPOSES
Group sessions are recorded and posted to the course level the student is in. The Company may 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.
Group sessions are recorded and posted to the course level the student is in. The Company may 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 COMPLETING THE ACCOUNT REGISTRATION, 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.