* Overview

Thank you so much for using Learning Genie (the “Service”). The following Terms of Use apply when you view or use the Service (via our website: www.learning-genie.com or by accessing the Service through the Learning Genie application (the “App”) on your mobile device.) Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use (the “Agreement”). If you do not agree to these Terms of Use, you may not access or use the Service.

* Privacy Policy

Learning Genie, Inc. (referred to herein as “the Company”, “we”, “us” or “our”) respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy as well.

* FERPA and COPPA Compliance

Certain Information provided to Learning Genie by directors, teachers, teacher aids, program coordinators, or other personnel (who has access to the Learning Genie program) at an Institution (“School Official”) that is directly related to a student and maintained by an Institution, may be considered an “Education Record” under the Family Educational Rights and Privacy Act (“FERPA”). Also, certain information, provided to Learning Genie by School Officials about a student, such as student name and age group, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. Subject to exceptions, a school or district cannot disclose personally identifiable information from a student’s education record to a third party provider without written consent from the parents. The exceptions include “Directory Information” exception or the FERPA’s School Official Exception.

As a School Official or Institution providing Directory Information or any Education Record to Learning Genie, you represent, warrant and covenant to Learning Genie, as applicable, that your institution has:

a)complied with the Directory Information exception, this includes informing parents what information the Institution deems to be directory information and giving parents a reasonable amount of time to “opt-out” of disclosure of directory information about students; and/or

b)complied with the FERPA School Official Exception, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Learning Genie; or

c)obtained all necessary parental written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.

Learning Genie Inc. will:
a)grant the Institution the Direct Control of the use and maintenance of Education Records under the Institution’s policy and uses the Education Records only for authorized purposes;

b)comply to the data retention, archival and destruction requirements set by the institution during and after the contract period;

c)support the access to the Education Records by parents when authorized by the school or district upon parents’ request to the school or district.

Learning Genie Inc. will never share Directory Information and Education Records with third parties except (i) as directed by a Learning Genie user (i.e. teacher sharing with another teacher or the child’s parent), or (ii) to our service providers that are necessary for us to provide the Service support to our customers. To view the Third Party Providers we currently use visit Third Party Services. Information collected is never used or disclosed for third-party advertising, or any kind of first- or third-party targeted marketing/advertising to parents. In addition, personal information collected is never sold or rented to any third party. This shall not be interpreted (1) to prohibit Learning Genie Inc. from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide personalized visit targeted advertising or (2) to limit the ability of Learning Genie Inc. to use student information or Educational Records for learning or customized learning product development and research purpose.

Learning Genie Inc. may use Education Records with de-identified information for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, the includes, but is not limited to, name of students and parent, date of birth, demographic information, location information, parent email and school identify. Learning Genie Inc. agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

* ABOUT THE SERVICE

“Users” of the Service include but are not limited to: school directors, teachers, and enrichment program instructors (who post “user Content” which includes but is not limited to: daily reports and portfolios, classroom activities, children’s work samples, photographs, reminders, updates on children’s daily routines, external links to books and songs, developmental assessments and observations) and the parents/guardians of the students in their classrooms. User experience will vary based on which version of the App is in use (there are two different Apps for two different types of users: Teachers/Instructors and Parents).

* PREREQUISITE BEFORE YOU USE THE SERVICE

To start using this service, we require you to 1) agree on this Agreement, 2) create a user Account, and 3) have an Internet Service and/or a good coverage of WiFi signal that permits such devices to be connected to the Servers. As the Services may have changes over time, we reserve the right to modify these requirements at our sole discretion. By clicking the “I Agree” button, you consent that you meet all of these requirements.

* FEES

On the Website or through the Application, we are posting fees towards certain or all the Services we offered. The fee structures will be specifically posted for certain Services on the Website or through the Application. In consideration for providing these Services, you agree to pay such fees which are due and owing on account of the selections you have made at the Website, within the Application. By checking the “I agree” box at the end of this Agreement, downloading the Application or otherwise using any Services, you hereby agree to pay all Fees due and owing to Learning Genie Inc according to the terms on the website (and, if applicable, authorize Learning Genie Inc to charge the credit card you have on file with Learning Genie Inc for all Fees due and owing hereunder).

* REGISTRATION

If you are a user who signs up for the Service, will create a personalized account, which includes a unique email address and password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

* USER CONDUCT AND CONTENT RESTRICTIONS

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
(i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive, (ii) Infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party (iii) Use the service for any unlawful purpose or for the promotion of illegal activities; (iv) Attempt to, or harass, abuse or harm another person or group; (v) Use another user’s account without permission; (vi) Provide false or inaccurate information when registering an account; (vii) Interfere or attempt to interfere with the proper functioning of the Service; (viii) Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (ix) Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or (x) Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

* TEACHERS AND INSTRUCTORS

When you—a teacher and/or instructor (defined as any other person assisting or instructing, including but not limited to: teachers’ assistants, specialists, enrichment class instructors) —create your own personalized account, you may be able to provide “User Content” (classroom daily reports, portfolio assessments, updates, reminders, photographs, external links including but not limited to books and songs). Taking photographs in some schools, centers are subject to specific photo policy and privacy policies. You agree that we are only acting as a passive conduit for your distribution your User Content. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

(i) You are solely responsible for your account and the activity that occurs while signed in to or while using your account; (ii) You will not post information that is malicious, false or inaccurate; (iii) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and (iv) You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

* PARENTS

You agree to use the “sharing features” of the Service (i.e. sharing photographs to Facebook) at your own risk. Any Personal Information that you willingly choose to share with another user through the Service or in a publicly accessible area will be available to other users who access that content. We cannot control how the recipient uses your Personal Information once you have made it available to other users. Please note that you are additionally required to follow the guidelines of your child’s school when it comes to privacy and are forbidden from publicly sharing photographs that contain any child who is not your own, without the consent of that child’s parent.

* INTELLECTUAL PROPERTY RIGHTS

The Services, the Website, the Application are copyrighted works or otherwise protected works owned by Learning Genie Inc. All right, title and interest, including all copyrights, in and to such items (including but not limited to any photographs, images, animations, video, audio, music, text, and functionality), any accompanying printed materials, and any copies of all or any portion of the source code contained in the Website or the Application, are owned by us. We reserve all rights that are not expressly granted to you under this Agreement.

* USER SUBMISSIONS

Information or content that you post to the Service (“User Submissions”) may be used by the Company in connection with the Services and may be visible to other users. When you post User Submissions, you (without obligation) grant the Company and each user of the Services a right and license that is transferrable, non-exclusive, worldwide and royalty free. This gives us permission to reproduce, distribute, publicly display and modify such User Submissions. Note that these Submissions also include all related intellectual property rights. Further, you also understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. We will only do so, and will only allow others to do so as reasonably necessary to provide the Services to you and others.

Please note that we will only share your information in accordance with Learning Genie’s current Privacy Policy.

The Company is not liable for any errors or omissions in any content, as all content or information posted through the Service is the sole responsibility of the person from whom it originated. We cannot guarantee the authenticity of any data provided by other users or the identity of any user you may interact with. You understand that you use the Service and access Content at your own risk, which means that you are responsible for any resulting damage or loss.

We reserve the right to remove User Submissions from the Service at any time for any reason (including but not limited to infringement on third party intellectual property rights) and we do not guarantee that we will publish all Submissions.

Learning Genie is, under no circumstances, liable in any way for Content, any mistakes or oversights in Content, any loss or damage acquired via use of or exposure to Content posted, emailed, retrieved, transmitted or otherwise made accessable through the Services.

We encourage our users to provide feedback, opinions and concerns to us regarding the Services and Website (collectively referred to as “Feedback”), which may include but is not limited to bug reports, functionality and suggestions for improvement. You understand and agree that all Feedback is owned by us, including all copyrights, title and interest.

* THIRD PARTY SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

* USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@learning-genie.

Opting out may prevent you from receiving messages regarding the Company or special offers.
Note that communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

* WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

* LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

* MODIFICATIONS OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

* GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.