Terms of Service

Introduction

Welcome to Edfinity™. We hope our online academic competitions, preparatory courses, self-authoring, problem set delivery, assessment, and content distribution service (the “Service”) made available at Edfinity.com (the “Site”) will help you meet your self-publishing and/or educational goals and objectives. The online academic competitions and preparatory courses are referred to as ‘Enigma’. The Service is used by authors to self-publish problems, educators to construct problem sets for distribution to students and to communicate with students, and for students to participate in online academic competitions, access their problem sets and assignments and optionally to submit answers online.

Acceptance of Terms

Our Service is provided by Looking Glass Ventures, LLC. dba Edfinity (“Edfinity”) subject to these Terms of Use (“TOU”). By accessing and using the Service, you accept, without limitation or qualification, these TOU. Please read them carefully and if you wish, print or save a copy for your records. If you do not agree with these TOU, you may not access or use the Service.

Your use or participation in various parts of the Service may be subject to additional terms, which may be presented to you for acceptance when you sign up for such parts of the Service, or may otherwise be included in the Site. Such additional terms will be considered part of these TOU.

Please contact Edfinity at support@edfinity.com if you have any questions about these TOU.

Brief Summary

The Edfinity Service

The Edfinity Service is an online homework delivery, grading, and assessment service available to instructors through paid subscription, for specified courses and time durations. It also includes online academic competitions, preparatory courses for such academic competitions (“Enigma”) The purpose of the Service is to provide instructors with a secure, accessible platform in which to assign and grade homework, in order to assess student performance and comprehension, and for students to participate in online, academic competitions. The Service can also be used for quizzes, tests, labs, and self-study depending on the instructor's application of the system. Course materials, including, but not limited to, textbooks, questions, answers, multimedia files, and ebooks, are accessible to students between the start and end dates, set by the instructor, of the courses for which access has been purchased. Unless explicitly stated and communicated otherwise to you, any purchase you make entitles you to use of the course materials for a period of six (6) months from the date of purchase. This restriction applies to single-semester access, multi-semester access, and Lifetime Of Edition access (where “Lifetime of Edition” means that the student has access to course materials whenever that student is enrolled in a course where the same edition of such materials is being used). Unless explicitly stated and communicated otherwise to you, any purchase you make entitles you to use of the course materials for a period of six (6) months from the date of purchase. Subscription payments are non-refundable. Subscriptions may be neither cancelled nor transferred.

The Service enables instructors to post online class discussion, internal communications, grades, schedules of class events, class notes, and syllabi. Edfinity may, with or without notice to you, offer other features with the Service in the future, or change or eliminate current features, at any time. All of the features of the Service are subject to these TOU.

Use of Account

To use the Service, you will need a username, institution, and password. Student usernames and passwords are provided to Edfinity by the instructor (or, if the instructor chooses, by the Service’s self-enrolment functionality) and Edfinity determines the institution name. You should change your password before starting to use the Service, to prevent unauthorized access to your assignments. To facilitate communication between Edfinity and its users, and for retrieval of login information, we use email addresses.

Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your account. You are solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are responsible for all activities, charges, and liabilities associated with your account. You must immediately notify Edfinity of any unauthorized use of your account. If you are a minor, Edfinity reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult's request.

Content

Any Content (as defined below) that you upload or otherwise make available in the Service remains your sole property or the property of your licensors. The Service may allow you to specify that certain Content uploaded by you is available for sharing to other users of the Service (“Shared Content”). You may be able to specify that Shared Content is generally available for use by all other Service users, or only to the Service users that you specifically allow to use the Shared Content. You grant Edfinity, the perpetual royalty-free, non-exclusive, world-wide, and transferable right and licence to use, reproduce, modify, publish, distribute, perform, display, and transmit your Shared Content to other users of the Service as specified by you through the Service. You also grant any other user of the Service, subject to the type of sharing you have chosen, the royalty-free, non-exclusive, world-wide, right to use, access, view, store, modify, perform, display, and reproduce your Shared Content as part of such user’s use of the Service.

Edfinity does not adopt, endorse, or accept responsibility for any third-party Content. Under no circumstances will Edfinity be liable for any loss or damage resulting from your reliance on Content available through the Service.

Edfinity reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Service. Edfinity may use software to do this. In addition, commercially available services and software may be used to limit access to material that may be objectionable. You are solely responsible for maintaining backup copies of Content you upload in connection with the Service. Notwithstanding any of the above, any Content that you submit to the Service will be additionally subject to the terms and conditions that may be presented to you for acceptance at the time of submission of of such Content to Edfinity at Edfinity.com or otherwise.

FERPA

Edfinity will take all reasonable steps to comply with the Family Educational Rights and Privacy Act (FERPA) at 20 U.S.C. 1232g and 34 C.F.R. part 99. Our practices and policies are compliant with FERPA. Among other things, we only utilize user information to provide our services to our users, and we do not sell or rent user information to third parties. We also enable our users, including students and/or their parents, to access and review their account information whenever they want. If you have any additional questions, or want additional information about FERPA, please contact us.

Copyright

You acknowledge that the Service, any underlying technology used in connection with the Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Service are owned by Edfinity or third-party providers and are protected by copyright. Edfinity and its third-party providers retain and own all rights, title, and interest in and to the Service and the Content, including all associated intellectual property rights. You may not store any significant portion of any Content owned by or licenced to Edfinity, in any form, whether archival files, computer-readable files, or any other medium.

You are granted a non-exclusive, personal right to use the Service and Content which you have acquired only in conjunction with an educational course offering in which you are enrolled. We encourage you to use the Content for noncommercial personal or educational use only. You acknowledge that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Content. You agree that in using the Service, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software used to provide the Service or any part thereof, unless this is expressly required by law.

Prohibited Use

Any commercial distribution, publishing or exploitation of the Service or Content, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Edfinity. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Edfinity will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Copyright Infringement

If you believe that any Content on the Sites constitutes copyright infringement, please notify Edfinity immediately of the infringing Content and provide the following information:

Your notice of claim of copyright infringement can also be sent by directing an email to support@edfinity.com or letter to the following designated copyright agent:

Looking Glass Ventures, LLC
Copyright Agent
PO Box 60369
Palo Alto, CA 94306

Upon our receipt of a proper notice of claimed infringement, Edfinity will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.

Internet Links

Some links on the Site and/or the Service may lead to sites posted by independent web site owners. Because Edfinity has no control over these sites, Edfinity is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Edfinity 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, use or reliance on any Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Edfinity and the linked sites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where Edfinity would be responsible for the actions of their respective owners.

Conduct

You may only access the Service and related Content through the interface provided by Edfinity and for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not:

Warranty Limitations

EDFINITY IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SERVICE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. YOU AGREE THAT YOUR ACCESS TO THE SITE AND SERVICE AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER EDFINITY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL EDFINITY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF Edfinity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EDFINITY’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EDFINITY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold Edfinity, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of:

Trademarks

Edfinity® is a registered trademark of Edfinity. All other trademarks, service marks, trade dress, and logos used or referred to in the Service are the trademarks, service marks, trade dress, and logos of their respective owners. Nothing in these TOU gives you a right to use any of Edfinity’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Local Laws

Edfinity controls and operates the Service from its headquarters in the United States and makes no representation that the Service or the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Privacy

For information about Edfinity’s privacy and data protection practices, please read Edfinity’s privacy policy. This policy explains how Edfinity treats your personal information when you use the Service. You agree to the use of your personal data in accordance with Edfinity’s privacy policy.

Modifications to the Service

Edfinity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that Edfinity will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Courses, problems, problem collections, assessments or any other content that are offered for free for a stated period or without a period being clearly stated may cease to be freely available anytime at LGV's discretion. You understand, agree, and waive any claims against LGV in this regard.

Termination

You may discontinue your participation in and access to the Service at any time. These TOU will continue to apply to all past use of the Service by you, even if you are no longer using them. You acknowledge and agree that Edfinity may terminate, suspend, or block your use of all or part of the Service, without prior notice for any reason, including, without limitation, if Edfinity believes you have engaged in conduct prohibited by these TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service and may bar your access to and use of the Service.

In order to protect the integrity of the Service, Edfinity reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to Edfinity relating to modifying or improving the Service ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become Edfinity’s sole property. Edfinity may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow rights to be transferred as described above, you hereby grant to Edfinity a worldwide, non-exclusive, royalty-free, perpetual licence for the use of Feedback, and in the event perpetual licence terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.

Changes to These TOU

Edfinity may change these TOU from time to time. When these changes are made, Edfinity will make a new copy of these TOU available at the Site and through the Service. You understand and agree that your use of the Service after the date on which these TOU have changed constitutes acceptance of the updated TOU.

General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Edfinity, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute arising in connection with the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms, together with any amendments and additional agreements you may enter into with Edfinity in connection with the Service, shall constitute the entire agreement between you and Edfinity concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between Edfinity and you regarding the Service.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Edfinity's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Edfinity without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you have any questions about these TOU, you may contact Edfinity at:

Looking Glass Ventures, LLC
PO Box 60369, Palo Alto, CA 94306
support@edfinity.com