Terms of Service
This website (the “Site”) is owned and operated by PowerMyLearning, Inc. (“PowerMyLearning”). PowerMyLearning agrees to provide services and materials on this Site pursuant to the Terms of Service set forth below. Any person who uses or relies on the services and materials on this Site agrees to do so according to these Terms. PowerMyLearning may amend or modify these Terms by posting an update to this Site, and you agree to accept the new Terms by using or relying on our services and materials after such notice. You should take the time to read through these Terms, and if you have any questions, please contact us at the address listed at the end.
The Site contains material that is protected by national and international trademark, service mark, copyright, patent, and other intellectual property laws. To the full extent provided under the United States Copyright Act and all national and international copyright laws, PowerMyLearning, its licensors and suppliers, and other entities whose content is displayed on this site own all copyright rights in the text, images, graphics, user interface, and other content provided on this site, other than content used pursuant to the doctrine of fair use, and the selection, coordination, and arrangement of such content. Except as expressly provided herein, nothing stated or implied on this site confers on you any license or right under any copyright of PowerMyLearning or any third party, and except as expressly provided herein you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from this site including code and software. However, you may print pages from this site solely for individual, noncommercial use, provided that all users of these pages keep intact all copyright and other proprietary notices and provided that all use of such pages for any purpose terminates after your contract termination or expiration.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of PowerMyLearning, PowerMyLearning’s licensors and suppliers, and others. PowerMyLearning, Family Playlists, and EduStar are registered trademarks of PowerMyLearning, and PowerMyLearning Connect is a trademark of PowerMyLearning. The Trademarks owned by PowerMyLearning, whether registered or unregistered, may not be used in connection with any product or service that is not PowerMyLearning’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages PowerMyLearning. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of PowerMyLearning, PowerMyLearning’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and PowerMyLearning will aggressively enforce its intellectual property rights in its Trademarks, including via civil and criminal proceedings.
PowerMyLearning owns the U.S. Design Patents D883995 and D883996 relating to the Site’s display of assignments to students and families.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PowerMyLearning infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PowerMyLearning to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PowerMyLearning a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to the address set forth below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that PowerMyLearning may terminate any user who it reasonably believes to be a repeat copyright infringer.
When and if you register with the Site (which provides you with access to PowerMyLearning Connect), you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and any Submissions that you or other third parties transmit or post on the Site; to alter or remove any such Submissions; to disclose such Submissions and the circumstances surrounding their transmission to any third party; to protect ourselves, our sponsors and our visitors; and to comply with legal obligations or governmental requests.
PowerMyLearning has worked hard to develop services and materials on this Site that assist students, educators, parents, and guardians in the learning process. Nonetheless, THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Specifically and without limitation, POWERMYLEARNING AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DO NOT WARRANT THE SERVICES ON THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE CONTENT ON THE SITE IS ENTIRELY CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The content on this Site should not be construed as professional advice on any subject matter, and availability or use of the content on this Site is not intended to create, and does not create, any professional services relationship.
Please note that portions of the content on this Site have been contributed by various individuals. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. Information provided by individuals, whether publicly posted or privately transmitted, is the sole responsibility of the person providing such information. Please understand that PowerMyLearning expressly disclaims any liability with respect to such materials. However, PowerMyLearning retains the right, which it may or may not exercise, in its sole discretion, to review third-party material and to edit or delete from the service any third-party material that PowerMyLearning deems to be illegal, offensive, or otherwise inappropriate. NEITHER POWERMYLEARNING NOR ANY OF OUR AFFILIATES, LICENSORS, SPONSORS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, OR ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY AUTHORIZED OR UNAUTHORIZED USER, EVEN IF POWERMYLEARNING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO POWERMYLEARNING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
You agree to indemnify and hold PowerMyLearning and its directors, officers, and employees harmless from all claims, demands, and damages (whether actual or consequential), including reasonable attorney’s fees, arising from or related to your use of this site, your violation of these Terms or any applicable laws or regulations, or your violation of any rights of another.
Restrictions on Use
PowerMyLearning grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site or any portion of the Site. This license does not include, and you agree that you will not conduct, any resale or commercial use of the Site or its contents; any collection and use of any product or title listings, ratings, or descriptions; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
As a condition of your use of this Site, you warrant that you will not use the services or materials on this Site:
- for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation;
- for any purpose that is prohibited by these Terms (including but not limited to any use that infringes another’s copyright rights); or
- in any manner that could damage, disable, overburden, or impair the Site or any user of the Site, or interfere with any other party’s use of the Site.
In addition, you will not:
- Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Use any PowerMyLearning trademark or any PowerMyLearning graphics, logos, page headers, button icons, scripts, or services names;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or the materials on the Site;
- Collect or store personal data about other users;
- Harass other users;
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Use or attempt to use any “deep link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool; algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these webpages, any data or content found on or accessed through these webpages, or any other PowerMyLearning information without the prior express written consent of PowerMyLearning;
- Obtain or attempt to obtain through any means any materials or information on these webpages that have not been intentionally made available either by their display on these pages or through their accessibility by a visible link on these webpages violate any measure employed to limit or prevent access to these web pages or their content; or
- Violate the security of these webpages or attempt to gain unauthorized access to these web pages, data, materials, information, computer systems or networks connected to any server of these web pages, through hacking, password mining or any other means interfere or attempt to interfere with the proper working of these webpages or any activities conducted on or through these web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these webpages.
This Site contains links to and displays content from third-party websites (“Linked Sites”) not under the control of PowerMyLearning, and we are not responsible for the terms of service or the contents of any such Linked Site or of any site linked directly or indirectly from any Linked Site. We provide such links and display such content only as a convenience, and the inclusion of such link and the display of such content on this Site does not imply our endorsement of the Linked Site or of any site linked directly or indirectly from any Linked Site.
Contact Information and Other Matters
If you have any complaints or questions about our Terms of Service, please contact us at:
228 Park Ave South, PMB 16373
NY, NY 10003
We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. PowerMyLearning shall have no liability for termination of this Agreement. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
This Agreement constitutes the entire agreement between PowerMyLearning and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, whether electronic, written, or oral.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York in all disputes arising out of or relating to the use of PowerMyLearning’s services and materials.
If any provision of this agreement shall 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.
The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of PowerMyLearning’s services and materials is forbidden in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
Under California Civil Code Section 1789.3, users of this Site in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.