PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACTIVATING YOUR ACCOUNT.
RightLobeMath, LLC (hereafter called "RLM") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular RLM services, you and RLM shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
A license grants access to the purchased RightLobeMath.com website as well as permission to use its copyrighted resources as part of a classroom curriculum or individual subscriber. Each teacher or individual subscriber using the resources must have a license in order to obtain the necessary permission. Each RLM license is valid for one individual subscriber or teacher with a digital classroom of up to 30 students. If a teacher’s classroom has less than 30 students, it is not permitted to share a license with another teacher or classroom. Licenses must be maintained for continued permission to use downloaded, copyrighted materials. Each license must be registered in the name of the classroom teacher using the resources.
Unauthorized sharing of usernames and passwords, or downloaded resources, may result in the immediate cancellation of the entire license without refund, and will be subject to retroactive charges.
PURCHASING A LICENSE
Individual License: Parents on behalf of a minor less than 18 years of age may purchase an individual user license, the license must be registered in the name of, and with the contact information for, the parent or legal guardian of the individual user. Individuals 18 years or older may purchase an individual user license, the license must be registered in the name of, and with the contact information for, the specific individual user.
Principal/School Admin/Department Director: A principal, school admin, or department director can purchase a license for classroom teachers. If purchasing a Single Teacher License, the license must be registered in the name of, and with the contact information for, the specific classroom teacher. If purchasing a Multiple Teacher License, the main contact can be the purchaser, but each account must be registered in the name of, and with the contact information for, the specific classroom teacher.
1. ACCEPTANCE OF TERMS
RLM provides its services on any purchased website to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time. Please bookmark this page to review the most current version of the TOS at any time. Your use of any purchased website and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the "Agreement"). This Agreement is a legal document that governs the terms and conditions of your subscription to rightlobemath.com. You are also agreeing to accept a non-exclusive, non- assignable right and license to use rightlobemath.com and its resources. Rightlobemath.com is offered and sold on a subscription basis; however, certain areas are available to visitors without cost on a trial or demonstration basis.
2. DESCRIPTION OF SERVICE
RLM provides users with a service to help learn and practice mathematics including the use of learning tools such as an abacus (“The Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new resources, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RLM assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. LICENSE USAGE
A license grants access to the purchased RLM website as well as permission to use its copyrighted resources. Each teacher or individual using the resources must have a license in order to obtain the necessary permission. Each RLM license is only valid for one individual or classroom teacher with up to 30 students. If a classroom has less than 30 students, it is not permitted to share a license with another classroom or individual outside the
classroom. Licenses must be maintained for continued permission to use downloaded, copyrighted materials. Each license must be registered in the name of the classroom teacher or individual using the resources.
As part of the registration process, each teacher or individual will select, or be provided with, a username and password ("Username"). You agree to provide us with accurate, complete, unique and updated contact information for each teacher or individual using downloaded resources or accessing the website(s). Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
In order to access the Service, or use its downloaded resources, you need to obtain a username and password (“Username”). Usernames are either selected by, or issued to, individual subscribers or teachers within a learning institution (collectively, "Users") as part of the registration process. You agree to provide us with accurate, complete, unique and updated contact information for each individual subscriber or teacher using downloaded resources or accessing the Services. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account.
You also agree that Usernames may not be shared within anyone. They may only be used by the teacher or individual to whom they are assigned. Users remain at all times solely and fully responsible for the proper use of Usernames issued hereunder. Users also agree to supervise and take full responsibility for the use of the Website by minors under the age of 13 years.
All Users are entirely liable for all activities conducted through that Account is aware of, and complies with, the terms of this Agreement, and are responsible for ensuring with reasonable effort others do not access the service through their account. Each person who uses the Account agrees to be bound by the terms of this Agreement.
You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Username. You must also promptly change your Username to prevent unauthorized access to your Account. We will have no liability for any circumstances arising from the unauthorized use of a Username or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
4. MODIFICATIONS TO SERVICE
RLM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RLM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
RLM may change, add, or remove any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
5. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that RLM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
RLM may provide, or third parties may provide, links to other websites or Internet resources. Because RLM has no control over such websites and resources, you acknowledge and agree that RLM is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that RLM 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 such content, goods, or services available on, or through any such website or resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RLM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RLM 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, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RLM OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RLM AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RLM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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 RLM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING RLM.
9. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
10. TRADEMARK INFORMATION
All materials on the RLM website(s), including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by RLM or by other parties that have licensed their material to RLM. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any RLM content. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited.
RLM logos and product and service names are trademarks of RightLobeMath, LLC. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. RLM will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that the content or trademarks of a RLM website product are being misused please contact us as soon as possible.
The failure of RLM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please contact us immediately to report any violations.
You agree to indemnify and hold RLM, and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
15. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to RLM, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non- confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. RLM shall have no obligation of any kind with respect to such Received Materials and RLM will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, RLM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to RLM 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 you.
17. EXCLUSIONS AND LIMITATIONS
You may not use RLM or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use RLM solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
Permitted Use: You have our permission to print a reasonable number of copies of RLM content displayed on the Website for noncommercial personal or classroom use, provided that any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the material you reproduce and do not exceed the classroom license set forth in Section 3.
Prohibited Uses: Except as expressly permitted by copyright law and except as permitted in the preceding paragraph, you must obtain written permission from RLM, or the third-party owner of material appearing on the Website, for any other copying, redistributing or publishing of any RLM or "Third Party Content." The downloading of any code from the Website is strictly prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the RLM or Third Party Content, in whole or in part, for commercial purposes without the express permission of RLM.
Linking to and framing the Website: You may create and publish links to any RLM homepage. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.
Additional Restrictions: You may not: (a) access the Website by any means other than by means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service;(c) sublicense, rent, lease, or permit any third party, to access any Website application or service through the use of User's Username, except as permitted hereunder; (d) publish the results of benchmark tests of any Website application or service, or use any Website application in any manner which is competitive with services provided by RLM; and (e) knowingly use or permit any others to use any facilities or services of RLM or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.
Users understand that except for RLM Content, RLM does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the RLM Content on the Website. Internet content made accessible on the Internet by independent third parties is not part of, and is not controlled by, RLM. RLM neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods or services.
Users should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain users of the Website. Because of the nature of the Internet, we cannot control where children may go while using the Website. Parents, guardians or teachers should supervise children when using the Website and the Internet at all times.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. In the event you download Content from RLM, the software, including any files, images incorporated in or generated by the software and data that may accompany the Content are licensed to you by RLM. RLM, or our contract partners, does not transfer title to the Content to you. RLM, or our contract partners, retains full and complete title to the Content and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Content.
In the event any provision of this Agreement conflicts with the law or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
19. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on a RLM website constitute the entire agreement between you and RLM and govern your use of the Service.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
In the event that RLM determines, in its sole discretion, that a User has breached any portion of these terms and conditions, or has otherwise demonstrated inappropriate conduct, it reserves the right to (i) warn the User via e-mail that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User's account); (iii) discontinue the User's account and/or any other RLM service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) retroactively charge for the unauthorized use; and/or (vi) take any other action that RLM deems appropriate.
21. CHOICE OF LAW AND FORUM
The laws of the State of California will govern this Agreement. The laws of the State of California will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts in California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms and Conditions and agree to submit to binding arbitration. RLM makes no representation that materials on RLM are appropriate or available for use in all locations. Those who choose to access RLM do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Materials from RLM are further subject to United States export controls. No materials from RLM may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.