Thank you for using our services ("Services"). The Services are provided by Scholyr LLC ("Scholyr" or "We" or "Us"). By using our Services, you are agreeing to these terms. Please read them carefully.
The following Terms of Service are a legal contract between you ("you") and Rethink. Visitors and users of our Services are referred to individually as "User" and collectively as "Users".
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and condition of this Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use any of our Services.
Use of our Services requires a Scholyr account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Eligibility. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY RETHINK OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the "I Agree" button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by Rethink; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
Child User. If You are a User of the Website and are under the age of 13 ("Child User"), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Website if registered through certain educational organizations or, in certain cases (as defined below), by Coaches that have entered into a relationship directly with Rethink and through which education organization or Coach the legal parent and/or guardian of such Child User has consented to use of the Website. A Child User that has registered through such external educational organizations or Coaches will only be permitted to use the Website for so long as Rethink reasonably believes that such access has been consented to by the Child User's parent or guardian.
Coach. Rethink may make available certain features and tools that permit certain Users (such as, for example, representatives of school districts, schools, teachers, and other educators) to work with students and other Users through the Website in order to provide such students and other Users with tutorial, educational and other education-related services, and to review and evaluate educational achievement and progress of such students and other Users (each a "Coach"). IF YOU ARE A COACH AND YOU REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD USER'S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD USER FOR THE WEBSITE AND FOR YOU TO PROVIDE TO RETHINK THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You hereby agree to indemnify, defend and hold harmless Rethink against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section 1.5; (b) the use of the Website by the Child User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User, or (e) any other action related to the Child User.
Parent User. If You are at least 18 years of age and you are the legal parent or guardian ("Parent User") of a child that seeks to register as a Child User of the Website, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Rethink may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Rethink deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Rethink reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT RETHINK CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND RETHINK IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USER'S ACTUAL PARENT OR GUARDIAN. A Parent User, along with all associated Child User accounts, may be terminated by Rethink at any time and without warning for any failure to abide by these Terms.
Content Posted by Users. We have not reviewed, and cannot review, all of the material, created by users. We are not responsible for material posted by users. If you have knowledge of any misuse of our Services or inappropriate behavior of users, you agree to contact Rethink immediately.
User Content. Rethink may permit the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Content"). You understand that whether or not such User Content is published, Rethink does not guarantee any confidentiality with respect to any submissions.
License Grant to Rethink. By posting, submitting or distributing User Content on or through the Website, You hereby grant to Rethink a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
License Grant to Users. By posting, submitting or distributing User Content through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Content in any manner permitted or made available by Rethink on or through the Website. Access to Your User Content.
Rethink may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although Rethink may provide certain features intended to allow you to restrict some User Content you create from others, Rethink does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Rethink will use reasonable efforts to notify you. RETHINK HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
User Content Disclaimer. You understand that when using the Website You will be exposed to User Content from a variety of sources, and that Rethink is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Rethink with respect thereto. Rethink does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Rethink expressly disclaims any and all liability in connection with User Content.
Intellectual Property. This Agreement does not transfer from Rethink to you any Rethink or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Rethink. Rethink trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Rethink or Rethink's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Automattic or third-party trademarks.
Changes. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Rethink may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Our Services are provided "as is." Rethink hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Rethink does not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Privacy Notice. Your privacy is important to Rethink. Please read the Rethink Privacy Notice hereby incorporated into the Terms, carefully for information relating to Rethink's collection, use, and disclosure of Your personal information.
Jurisdiction and Applicable Law. Access to or use of our Services will be governed by the laws of the state of California, U.S.A. You agree that any action at law or in equity arising out of or relating to the Agreement or Rethink will be filed only in the state or federal courts in and for Los Angeles, California, and each of you and Rethink hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in the section regarding arbitration. Notwithstanding this, Rethink shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Arbitration Agreement. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
Limitation of Liability. In no event will Rethink be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Rethink under this agreement during the twelve (12) month period prior to the cause of action. Rethink shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless Rethink, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners ("Rethink Indemnitees") from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User or Coach. Rethink reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Rethink, and You agree to cooperate with Rethink's defense of these claims. Rethink will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You without Rethink's prior written consent, but may be assigned by Rethink without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Translation. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Rethink and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rethink, or by the posting by Rethink of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rethink may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.