Terms and Conditions — LRN Your Way

Thank you for your interest in LRN Your Way, a product of LRN Your Way LLC, a Connecticut limited liability company. These Terms and Conditions govern your use of our website and mobile services. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Please read these Terms and Conditions carefully before using Our Service.

Definitions

The following capitalized terms shall have the meanings specified in this Section. Other terms are defined in the text of these Terms and Conditions; and, throughout, those terms shall have the meanings respectively ascribed to them. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named LRN Your Way.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) from which the Application has been downloaded.
Child means, for the purposes of these Terms, a user under the age of 13 in the United States (or the equivalent minimum age in other jurisdictions).
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to LRN Your Way LLC, a Connecticut limited liability company.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by or to You, regardless of the form of that content.
Country refers to the United States of America.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Parent means a parent, legal guardian, or authorized school representative acting on behalf of a Child.
Premium Service means a version of the Service requiring payment for a subscription.
School means an educational institution (including teachers and administrators) that deploys the Service to students in its care.
Service refers to the Application and the website at www.lrnyourway.com.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that, together with our Privacy Policy, form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service, including sign-in providers such as Google and Apple.
You means the individual accessing or using the Service, or the company, School (including teachers and School personnel), parent, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. If you are under the age of 18, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. By creating an account on behalf of a Child, You represent that You are the Parent of that Child or have been lawfully authorized to act on the Parent's behalf.

Acknowledgment

The Service is a dictionary and learning tool designed with all learners in mind. If You are under the age of 13, You may use the Service only with the consent and involvement of a Parent or your School.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password (or the credentials of any Third-party Social Media Service You use to sign in) that You use to access the Service and for any activities or actions under Your account, whether Your account is with Our Service or a Third-party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Mobile Applications

If you wish to use the Service on a mobile device, you must have access to a mobile device that is compatible with at least one version of Our mobile application. We do not warrant that the Service will be compatible with your mobile device. You may use mobile data in connection with your use of the Service and may incur charges from your wireless carrier in connection with such usage; you agree that you are solely responsible for any such charges.

Artificial Intelligence

Our Service uses artificial intelligence ("AI") to generate the Content available through the Service. Due to the limitations of AI, We do not represent that information generated by AI and included in the Service is accurate, reliable, correct or complete. Content included in our Service is intended to supplement, not replace, other educational materials. We expressly disclaim any warranties of any kind regarding any Content or information available through the Service.

Content

Your Right to Post Content

Our Service allows You to submit limited Content — for example, profile information, feedback messages, or suggested words. You are responsible for the Content that You submit to the Service, including its legality, reliability, and appropriateness.

By submitting Content to the Service, You grant Us a perpetual, worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, adapt, publish, and display such Content for the purpose of operating, providing, and improving the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

Because the Service is designed for a classroom and family audience, content standards are strict. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Content that is unlawful or promotes unlawful activity.
Content that is harmful to minors, including sexual content, graphic violence, or harassment.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national or ethnic origin, or other protected groups.
Spam, machine- or randomly-generated, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Content that contains or installs any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity, including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company shall have the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove such Content. The Company further reserves the right to limit or revoke the use of the Service if You post objectionable Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain a complete and accurate copy of any Content that is important to You in a location independent of the Service. The Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.

If you are a copyright owner, or authorized to act on behalf of one, please submit a notification by following the DMCA Notice and Procedure below. For alleged infringement of any other type of intellectual property rights, please email us at support@lrnyourway.com.

DMCA Notice and Procedure

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at support@lrnyourway.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

YOU ACKNOWLEDGE THAT IF YOU KNOWINGLY MISREPRESENT THAT ANY CONTENT IS INFRINGING YOUR COPYRIGHT, YOU MAY BE HELD ACCOUNTABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES) AND MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress — including "LRN Your Way" and the LRN Your Way logo — may not be used in connection with any product or service without the prior written consent of the Company.

Subject to Your compliance with these Terms, We grant You a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose: learning and looking up vocabulary. No other rights are granted.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Subscription

If you subscribe to our Premium Service, you will be billed either monthly or annually. By subscribing to our Premium Service, you are expressly agreeing that we are authorized to charge your credit card for the fee due for the term of your subscription (monthly or annually). We will automatically renew your subscription on the monthly or annual anniversary of your initial subscription (or on the last day of the month, as the case may be) and charge your then-current payment method for the fees due for your subscription, plus any applicable sales taxes that may be imposed. Our prices are subject to change.

If you wish to cancel your subscription, you may do so at your Account. Cancellation will be effective immediately, but you will continue to have access to your Premium Service until the end of the then-current billing period. You must cancel your subscription prior to its renewal to avoid being charged. Subscription fees are fully earned upon payment.

If you purchased your Premium Service through a third-party store, such as Apple iTunes or Google Play, portions of this section may not apply to you and you may need to reach out to the app store in question to resolve billing issues. If that is the case, you agree that We are not liable to you for any claims relating to billing issues.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any or no reason, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or contact support@lrnyourway.com to request deletion.

Sections that by their nature should survive termination — including ownership provisions, warranty disclaimers, indemnity, and limitations of liability — will survive.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of (i) the amount actually paid by You through the Service, or (ii) 100 USD if You haven't paid anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

The Service is a supplement to education, not a substitute for teachers, curriculum, or professional advice.

Children's Use of the Service

The Service is intended for use by elementary, middle, and high school learners, which means We knowingly welcome Children under the age of 13 with the required consent of a Parent or School.

Parental consent. Where applicable law requires verifiable parental consent (for example, under the United States Children's Online Privacy Protection Act ("COPPA") or comparable laws in Your jurisdiction), We will obtain such consent before knowingly collecting personal information from a Child, as described in Our Privacy Policy.

School consent. When the Service is deployed through a School, the School acts as the agent of the Parent for purposes of providing consent under COPPA for school-related educational purposes, consistent with FTC guidance. Schools represent and warrant that they have the authority to agree to these Terms on behalf of their students and will honor parental-consent obligations under applicable law. When the Service is used by a School, We may have access to or collect "Student Data". "Student Data" is personal information that is directly related to an identifiable student and, in the U.S., may include "educational records" as defined by the Family Educational and Privacy Act ("FERPA"). The School and/or the student owns and controls the Student Data. By using the Service, you authorize Us to access, collect, transmit, modify, display and store Student Data for the purpose of providing the Service and as otherwise described in this Agreement and in our Privacy Policy.

Parental rights. Parents may review the personal information We have collected from their Child, request deletion of that information, and refuse to permit further collection or use of their Child's information at any time by contacting support@lrnyourway.com.

Governing Law

The laws of the State of Connecticut, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

The Service is intended for use within the United States. If You are using the Service outside of the United States, You agree to comply with and are solely responsible for complying with all local laws, regulations and rules in the jurisdiction(s) from which you use or access the Service. You agree to comply with all laws regarding the transmission of data from the United States to the jurisdiction(s) from which you use or access the Service.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@lrnyourway.com. The exclusive venue for any unresolved dispute will be the state or federal courts located in the State of Connecticut, and You and We consent to personal jurisdiction there. Nothing in this section deprives You of any mandatory consumer-protection rights in Your place of residence.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms affects Your statutory rights as a consumer in the European Union.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, Our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms and Conditions, or the application of such provision to any person or circumstance, is declared by any court of competent jurisdiction to be invalid or unenforceable such invalidity or unenforceability shall not affect the remaining provisions of this Agreement or the application of such provisions to persons or circumstances other than those to which it is held invalid or unenforceable. If such invalidity or unenforceability is due to the court's determination that the provision's scope is excessively broad or restrictive under applicable law then in effect, the parties hereby jointly request that such provision be construed by modifying its scope so as to be enforceable to the fullest extent compatible with applicable law then in effect. If any provision is held to be invalid or unenforceable with respect to a particular circumstance, such provision shall nevertheless remain in full force and effect in all other circumstances.

Waiver

Except as provided herein, our failure to exercise a right or to require performance of an obligation under these Terms shall not affect our ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.