Effective date: April 9, 2019
Thank you for your interest in Smart Peg Learning, LLC (“Smart Peg” or “we” or “us”). These Terms of Service outline the rules and conditions for the use of online and/or mobile services, websites, and software available through or related to www.smartpegs.com or www.smartpeglearning.com (collectively, “the Service”).
The following Terms of Service (“Terms”) are a legal contract between all visitors, users, and others who access or use the Service (“you” or “Users”) and Smart Peg regarding your use of the Service. If you are a parent or guardian and you provide consent for your child to register for the Service, then “you” includes you and your child. If you register for the Service on behalf of a school, company, organization, or other entity (collectively, “Entity”), then “you” includes you and that entity.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. Do not continue to use the Service if you do not accept all of the Terms.
The Service allows users to engage in activities and interact with other users in ways that support the learning of science content and skills. You understand and agree that the Service is provided “as-is” and that Smart Peg assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service. Any updated features of the Service shall be subject to this Agreement, unless explicitly stated otherwise.
Smart Peg grants you a personal, non-commercial, non-transferable and non-exclusive right and license to use the Service. Any use that is deemed counter to these Terms will result in termination of service without refund and deletion of the User’s account.
ELIGIBILITY & AUTHORITY
Only legal adults may complete the registration process and purchase the Service. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent or legal guardian, or under the supervision of your school or other educational entity.
If you purchase or register an account for an Entity, you represent and warrant that you are an authorized representative of the Entity with the authority to bind the Entity to this Agreement, and that you agree to this Agreement on the Entity’s behalf. If you contact Smart Peg to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) on behalf of the account-holder.
If you are an Entity providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents, in accordance with the U.S. Children’s Online Privacy and Protection Act (“COPPA”), for Smart Peg to collect information from students under 13 before allowing such students to access our Service.
Smart Peg provides access to the Service in the form of Single Student, Family and Class memberships. All membership types will include one Customer (Parent or Teacher) Account and one or more Student Accounts.
The purpose of the Customer Account is to maintain and manage billing and payment information for the membership and to monitor activity of students in the membership. By creating a Customer Account, you agree that the account will be used by a parent, legal guardian, or authorized representative of an educational entity only. Customer Accounts may not be used to comment or otherwise interact on the site.
By creating one or more Student Accounts, you agree that each Student Account will be used by one, single student user only, and appropriate account use will be overseen by a parent, legal guardian, or authorized representative of an educational entity. Use of any one Student Account by multiple users is expressly prohibited.
ACCOUNT INFORMATION, PASSWORD AND SECURITY
You agree that the information you provide to Smart Peg at registration and at any time thereafter is true, accurate, current and complete. You agree to promptly update your information as necessary to maintain it as true, accurate, current and complete at all times.
You are solely responsible for maintaining the confidentiality of your account information and password and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to notify Smart Peg immediately at firstname.lastname@example.org if you believe the security of your account or password has been compromised.
SUBSCRIPTIONS AND AUTOMATIC RENEWAL
Membership subscription renewal fees will be automatically charged each subscription period (monthly or annually) to the payment method on file. By creating a membership account, you agree that Smart Peg is authorized to charge the fee associated with the term of membership (monthly or yearly) that you specified at registration. Your subscription will automatically renew on the anniversary (monthly or annually) of your registration date and the renewal fee will be charged to the payment method currently associated with your account. If your automatic renewal for a monthly subscription falls on a date that does not exist in a given month, the renewal will process on the last date of that month. All payments are nonrefundable.
In the event that the payment method associated with your account is unable to process the renewal fee, your membership account will be suspended until the payment method is updated and payment processing is completed.
You may update or change your payment method or cancel your subscription at any time in the My Payments section of My Account. Upon cancellation, you will continue to have access to the Service through the end of the currently paid subscription period. At the end of the current subscription period, the renewal fee will not be charged and your membership account will be terminated. No refunds or credits will be issued for partially used subscription periods.
Smart Peg reserves the right to adjust pricing for the Service at any time and in any manner. Unless otherwise noted, any price changes will be in effect immediately following posting or notification to you.
FREE TRIAL PERIOD
Membership subscriptions that include a free trial period are subject to the same terms and conditions as all other membership subscriptions from the date and time that the free trial period begins. All Terms outlined in this document apply to all users and accounts during the trial period.
For membership subscriptions that include a one-week free trial, the trial period ends seven days from the date and time that the initial transaction that creates the Customer Account occurs. At the end of the trial period, the membership account will automatically be enrolled in the subscription plan selected at registration and the fee for the first subscription period will be charged to the payment method entered at registration. The first subscription period begins at the time at which the free trial period ends. Membership subscription renewal fees will be automatically charged each subscription period (monthly or annually) as outlined in the Subscriptions and Automatic Renewal section above.
You may cancel your subscription at any time during the trial period in the My Payments section of My Account. Upon cancellation, you will continue to have access to the Service through the end of the trial period. At the end of the trial period, the subscription fee will not be charged and your membership account will be terminated. No refunds or credits will be issued for subscriptions that are cancelled after the trial period ends. Subscriptions that are canceled after the trial period ends are subject to the conditions outlined in the Subscriptions and Automatic Renewal section above.
MODIFICATION OF TERMS
Smart Peg reserves the right, at our sole discretion, to modify or update this Agreement at any time. Any changes to this Agreement will be reflected by the “date last modified” noted below.
For any material changes to the Agreement, Smart Peg will update the “effective date” above and make reasonable effort to provide notice to you via an email notification to the address associated with your account or by posting a notice on our website. If you do not agree to any of the Terms in a future revision of this Agreement, do not use or access the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks or other proprietary rights and laws in both the United States and elsewhere. Except as expressly authorized by Smart Peg, you agree not to copy, reproduce, duplicate, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, by any means including but not limited to electronic and print.
Any attempt to discover any source code, automated scraping, harvesting, indexing, mining, or any other extraction or reverse engineering of any content from or related to the Service is expressly prohibited. Any attempt to damage or interfere with the operation of the Service or its security features is expressly prohibited.
The Services may make certain content available for download (“Downloadable Content”). Downloadable content may be downloaded and/or printed solely for personal use and only by users with an active and current account. By downloading said content, you agree not to copy, reproduce, duplicate, modify, rent, lease, loan, sell, distribute or create derivative works based on the downloadable content, in whole or in part, by any means including but not limited to electronic and print.
Smart Peg reserves the right to permanently terminate your account if it is determined that you have violated this section of the Agreement.
Smart Peg may allow users to create, post, upload or submit content for the express purpose of supporting the learning of science content and skills. This content may include text, comments, documents, images, videos, or other multimedia content (collectively, “User Content”). You are solely responsible for any content that is created, posted, uploaded or submitted using your account. You will not post, upload or distribute any User Content that is unlawful or that a reasonable person would deem objectionable, offensive, distressing or otherwise inappropriate.
You understand that you may be exposed to User Content created by other users while using the Service. Smart Peg is not responsible for the accuracy and appropriateness of User Content. In the event that you are exposed to User Content that is offensive, indecent, or objectionable, you agree to notify Smart Peg immediately and hold Smart Peg harmless.
Any User Content created by you is yours; Smart Peg claims no ownership rights over your content. By posting, uploading or submitting User Content, you represent that you are the creator and owner of the content. No user may post, upload or submit content that infringes upon the copyright, privacy or intellectual property rights of a third party.
By creating, posting, uploading or submitting User Content, you expressly grant Smart Peg a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to publicly display, reproduce, modify or publish any and all User Content in part or whole for educational and/or marketing purposes in any media formats via any media channels.
Smart Peg recognizes and values peer collaboration, constructive feedback, and the free exchange of diverse ideas, perspectives and opinions as integral components of the process of science education. The user agrees to engage in these activities and interact with other users in a positive, respectful and productive manner at all times.
Any comment submitted by a user that is deemed off-topic will be deleted and result in an automatic debit of 5 points from the user’s total points balance. Any action by a user that is unlawful or that a reasonable person would deem indecent, harassing, hateful or otherwise inappropriate is expressly prohibited and will result in the termination of the user’s account.
DIGITAL MILLENNIUM COPYRIGHT ACT
It is Smart Peg’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been infringed upon and is accessible via the Service, please notify Smart Peg using the methods set forth in the DMCA.
In accordance with the DMCA, Smart Peg will terminate the account of any user deemed to be a repeat infringer.
THIRD-PARTY WEBSITES AND LINKS
The Service may include links or references to third-party websites or resources. Smart Peg does not endorse any third party websites or resources, and is not responsible for the availability or content therein. Access and use of third-party websites and resources is solely at your own risk.
MODIFICATION OR TERMINATION OF SERVICE
Smart Peg reserves the right to modify or temporarily suspend the Service at any time with or without notice. You agree that Smart Peg is not liable to you or a third party for any modification or temporary suspension of the Service.
Smart Peg reserves the right, in its sole discretion, to terminate any User account (or part thereof) at any time and for any reason. You agree that Smart Peg is not liable to you or a third party for a termination of your account.
You may request termination of your account at any time. Upon making such a request, you agree to the deletion of your User account and all associated information and content. No refunds or credits will be provided for terminated accounts.
You agree to indemnify, defend, and hold harmless Smart Peg and its employees, agents and partners from any claims or demand, including legal expenses, arising from any use or misuse of the Service or violation of this Agreement by you or a third party. Smart Peg reserves the right to assume the exclusive defense and control of any matter in which you are required to indemnify us and you agree to cooperate with our defense of the claims.
DISCLAIMER OF WARRANTIES
The Service is provided “as is,” “as available,” and “with all faults.” Smart Peg and its agents disclaim all warranties relating to the Service, including but not limited to availability of the Service, results that may be obtained from use of the Service, ability of the Service to meet your expectations, or errors in the Software.
You understand and agree that your use, access or download of content from or related to the Service is at your own discretion and risk, and that you are solely responsible for any damage to your property or loss of data that results from the download of such material.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including but not limited to negligence, shall Smart Peg or its employees, agents, and partners be liable for any damages or losses resulting from use or misuse of the Service by you or a third party, or from any other matter related to the Service.
GOVERNING LAW AND JURISDICTION
Smart Peg Learning, LLC is located solely in Dallas, Texas. You agree that the Terms shall be governed solely by the laws of the State of Texas.
For any claim or dispute related to the Agreement or the Service, you agree to first contact us at email@example.com and attempt to resolve the matter with us directly and informally.
In the unlikely event that you and Smart Peg are unable to resolve a matter informally, you agree that any arbitration related to the Agreement or the Service will be filed only in the state or federal courts located in Dallas, Texas and you agree to submit to the exclusive jurisdiction of those courts.
Smart Peg Learning, LLC
Last modified date: January 30, 2021