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    Branching Minds Terms of Service

     

    Updated: October 5, 2018

    Thank you for using Branching Minds. These terms of service (the “Terms”) govern School's and Teachers’ access to and use of Branching Minds Inc. (“Branching Minds”) websites and services (the “Services”), so please carefully read them before using the Services.

    CONFIDENTIALITY

    Branching Minds agrees to deem all student information provided to it by School as confidential and not to be shared with third parties without written authorization.

    Further, Branching Minds agrees to comply with applicable provisions of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

    CHILDREN'S DATA

    The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. School represents and warrants that it has the authority to provide consent on behalf of parents for Branching Minds to collect information from students before allowing children under 13 to access our Service. We recommend that School provides appropriate disclosures to students and parents regarding School’s use of service providers such as Branching Minds and that School provide a copy of our Privacy Policy to parents and guardians.

    MODIFICATIONS

    Branching Minds reserves the right to modify these Terms at any time without notice, but the most current version of the Terms will always be available on its website. If School finds the Terms unacceptable at any time, School may discontinue its use of the Services. By continuing to use the Services, including accessing Branching Minds’s website, after the date of any change to these Terms, School agrees to be bound by the rules contained in the most recent version of these Terms.

    ACCURACY OF INFORMATION

    We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site.

    ACCOUNT 

    You are responsible for all use of your Account, and for maintaining the confidentiality of the information used to access your Account (including user name and password). You agree not to share your user name or password with anyone, or use anyone else’s Account at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your Account (including your user name and password). You acknowledge that the reuse of your password in connection with accounts on other websites increases the risk that the security of your Account may be compromised.

     THIRD PARTY LINKS, SERVICES AND PRODUCTS

    The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third Party Services”), and such third party may use other third parties to provide portions of the Third Party Service to you, such as technology, development or payment services. When you access or use a Third Party Service, you are interacting with the applicable third party, not with Company, and you do so at your own risk. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including the accuracy or completeness of the information provided by such Third Party Service or the privacy practices of any third party). Inclusion of any Third Party Service or a link thereto on the Site does not imply approval or endorsement of such Third Party Service. Company is not responsible or liable for the content or practices of any Third Party Service or third party, even if such Third Party Service links to or is linked by the Site, and even if such Third Party Service is operated by an affiliate of Company or a company otherwise connected with us or the Site.

    FEEDBACK

    Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Company under any fiduciary or other obligation; and (b) any Feedback is not confidential and Company has no confidentiality obligations with respect to such Feedback.. You hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Feedback, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Feedback for any purpose whatsoever without permission or notice, compensation or attribution to you or any third party. You are and remain responsible and liable for the content of any Feedback.

    DISCLAIMER OF WARRANTIES

    THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE BRANCHING MINDS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. BRANCHING MINDS INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BRANCHING MINDS INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. BRANCHING MINDS INC. DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET SCHOOL’S SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SCHOOL THROUGH THE SERVICES WILL MEET SCHOOL’S EXPECTATIONS, AND (V) ANY ERRORS IN THE BRANCHING MINDS SITE WILL BE CORRECTED. BRANCHING MINDS INC. AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. BRANCHING MINDS INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BRANCHING MINDS INC. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BRANCHING MINDS SITE.

    LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL BRANCHING MINDS INC. OR ITS LICENSORS BE LIABLE TO SCHOOL ON ACCOUNT OF MISUSE OF OR RELIANCE ON THE SERVICES OR BRANCHING MINDS SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR BRANCHING MINDS SITE, FROM INABILITY TO USE THE SERVICES OR BRANCHING MINDS SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BRANCHING MINDS SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR BRANCHING MINDS SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BRANCHING MINDS INC. SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

    Digital Millennium Copyright Act

    The Digital Millennium Copyright Act of 1998 (“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 that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Branching Minds, Inc., 157 Columbus Avenue, 4th Floor New York, NY 10023; Attn: Legal. Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: dmca@branchingminds.com. Company reserves the right to terminate infringers’ and suspected infringers’ Accounts or their access to or use of the Site.

    ABOUT THESE TERMS

    These Terms control the relationship between Branching Minds and School. They do not create any third party beneficiary rights. If School does not comply with these Terms, and Branching Minds does not take action right away, this does not mean that Branching Minds is giving up any rights that Branching Minds may have, such as taking action in the future.

    If a provision in these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting the original intent as closely as possible.

    The laws of New York, U.S.A., excluding New York's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be handled exclusively in the federal or state courts of New York City, New York and School and Branching Minds consent to venue and personal jurisdiction in those courts.

    For information about how to contact Branching Minds, please visit Branching Minds’s contact page.