These Terms and Conditions of Use (these “Terms”) are an agreement between you (“You” or “Your”) and Infiniteach, Inc., all of its parents, subsidiaries, and affiliates (collectively “Infiniteach” or “we”, “us” or “our”) that establishes the terms and conditions under which You may access and use any Infiniteach website (the “Infiniteach websites” or the “Website”), and our services and products, including all tools, software, applications, features, and content (collectively the “Services”) we make available to you. Such Services shall include any Infiniteach app, including Skill Champ or the Infiniteach apps (collectively, the “Applications”). You may use the Website and the Services for lawful purposes only.
The content of the Website and Services is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. Do not use the information on this website for diagnosing or treating any medical or health condition. If You have or suspect You have a medical problem, promptly contact Your professional healthcare provider.
Information About Our Company:
641 W Lake Street, Suite 200
Chicago, IL 60661
Chief Executive Officer: Katie Hench
To contact us, please email [email protected] or at the address listed above.
- 1. USERS; ACCEPTANCE
You may be accessing and using the Services as (i) an administrator, teacher, therapist, or staff member (“Educator”) of a school or other educational facility (“School”), (ii) a therapist or other employee (“Therapist”) of a private or independent organization (“Organization”), (iii) a parent, legal guardian, or family member of a Student (“Parent”), or (iv) a child working in conjunction with an Educator, Therapist, or Parent (“Student”).
If there is a separate, signed agreement between You, or the School or Organization that You work for, or at which Your child is a Student, and us (a “Signed Agreement”), the Signed Agreement takes precedence over these Terms regarding any inconsistent terms, provided that the rights of Infiniteach set forth in these Terms are not reduced or relinquished in so doing.
2. ACCESS AND USE TERMS.
General Access and Use Rights. Subject to the terms and conditions of these Terms, Infiniteach hereby grants to You, a non-transferable, non-sublicensable, non-exclusive, limited and revocable right to access and use the Applications solely (i) if You are an Educator or Therapist, to educate Students at the School or Organization at which You are employed; (ii) if You are a Student, for Your personal educational use; and (iii) if You are a Parent, for the purpose of assisting and/or monitoring Your Student’s use of the Infiniteach Services.
Infiniteach hereby grants You a non-transferable, non-sublicensable, non-exclusive, limited and revocable right to use the Services and Website as set forth in these Terms, provided that: (i) Your use of the Services and Website as permitted is solely for Your personal use; (ii) You will not copy or distribute any part of the Services and Website in any medium without Infiniteach’s written approval as is agreed upon through terms of the subscription or otherwise with Infiniteach’s written approval; (iii) You will not alter or modify any part of the Infiniteach Services and Website; and (iv) You will otherwise comply with the terms and conditions of these Terms.
Account Creation and Security. You may be required to register with Infiniteach in order to access certain areas of the Services and Website, for example, to access certain content, purchase Infiniteach products or otherwise initiate Transactions (as defined below). When creating Your account, You must provide accurate and complete information. Infiniteach may refuse to allow You to create an account using a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that Infiniteach otherwise rejects for any other reason in its sole discretion. You may not be entitled to create a new account to access the Services or Website if Your prior Login Credentials have been terminated by Infiniteach. Upon termination of Your Login Credentials for any reason, You may no longer have access to any of Your Data or Submissions that You provided to the Services or Website.
You are responsible for maintaining the confidentiality of any password You use to access the Infiniteach Services and Website, and You agree not to transfer Your password or user name, or lend or otherwise transfer Your use of or access to the Infiniteach Services and Website, to any third party. You agree that You shall not rent, resell, or remarket the Infiniteach Applications or Services to any third party. You are solely responsible for the activity that occurs on Your account. You shall not use another’s account without permission. You must notify Infiniteach immediately of any breach or assumed breach of security or unauthorized use of Your account. Although Infiniteach will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Infiniteach or others due to such unauthorized use.
Reliance on Certain Posted Information.
The information presented on or through our Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to our sites, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
FERPA Compliance. The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records.
Certain information that may be provided to Infiniteach by Educators that is directly related to a student and maintained by a School may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Infiniteach by an Educator about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record.
A School or Educator may not generally disclose personally identifiable information from an eligible student’s education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (a “FERPA Exemption”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”). If You are an Educator or School providing Directory Information or any Education Record to Infiniteach, You represent, warrant and covenant to Infiniteach, as applicable, that You have: complied with the Directory Information Exemption, complied with the School Official Exemption, or obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Infiniteach, in each case, solely to enable Infiniteach’s operation of the Services. These Terms do not modify any obligation that You may have pursuant to FERPA.
If you have questions about FERPA, you may visit The U.S. Department of Education’s website at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Usage by Children. Parents and/or legal guardians must agree to these Terms on behalf of their children who are Students, minors, or under guardianship prior to any use of the Infiniteach Applications or Services by their children. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.
3. STANDARDS OF CONDUCT AND APPLICABLE LAW.
Conduct. You may not use Infiniteach Services or Website to:
(1) post any Submissions or transmit via or through the Website or the Services any information, data, text, images, files, links, software, chat, communication or other content that is, or which Infiniteach considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(2) sell or promote any products or services that are unlawful in the location at which the Submission is posted or received;
(3) sell or promote controlled pharmaceutical substances, tobacco, fire arms or alcoholic beverages;
(4) introduce viruses, worms, Trojan horses and/or harmful code to the Website or the Services;
(5) display material that exploits children under 18 years of age or under guardianship;
(6) post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
(7) promote, solicit or participate in multi-level marketing or pyramid schemes;
(8) harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
(9) impersonate any other person, including but not limited to an Educator at the School, a Student, a Parent, Infiniteach official, expert or bulletin board leader, guide or host; or invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(10) post or disclose any personally identifying information or private information about children, individuals under guardianship, or any third parties without their consent (or their Parent’s consent in case of a child under 18 years of age or under guardianship);
(11) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
(12) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or Website or in connection with Your use thereof, in any manner;
(14) collect, save or otherwise download content from our Services or Website using automated means such as bots, robots or scrapers;
(15) interfere with or disrupt the operation of the Infiniteach Services or Website or the servers or networks used to make the Infiniteach Services or Website available; or violate any requirements, procedures, policies or regulations of such networks.
You further agree not to collect or harvest any personally identifiable information, including account names, from the Services or Website, nor to use the communication systems provided by the Services or Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Infiniteach Services or Website with respect to their User Submissions.
Infiniteach reserves the right, without prior notice and in its sole discretion, to decide whether Submissions violate these Terms for any of the above reasons or for any other reason, and if Infiniteach does so, to remove such Submissions which You post to the Infiniteach Services or Website and/or terminate Your access to the Infiniteach Services or Website.
Applicable Law. Your use of the Infiniteach Applications and Services is subject to all applicable, local, state, national laws and regulations. You may only use the Infiniteach Applications and Services for lawful purposes. You shall not use or allow others to use Infiniteach Services or Website in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy. If You share content using the Infiniteach Services, whether as a Submission, Your Data or otherwise, then You are solely responsible for ensuring that such content conforms to the standards of conduct set forth herein.
4. INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.
(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Infiniteach Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Infiniteach Applications or Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Infiniteach Applications or Services or any software component of the Infiniteach Services; (iv) use, or allow the use of, the Infiniteach Applications or Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Infiniteach Applications or Services; or (vi) circumvent or disable Infiniteach’s copyright protection mechanisms or license management mechanisms.
(b) Ownership. You acknowledge that the structure, organization, intellectual property including but not limited to: trademarks or trade secrets, video/audio clips, logos, graphics, and code used in conjunction with the Infiniteach Applications and Services are proprietary to Infiniteach and that Infiniteach and/or its licensors retain exclusive ownership of the Applications, Infiniteach Services, documentation, and any other intellectual property rights relating to the Website or the Infiniteach Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Infiniteach Applications and Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Infiniteach Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Infiniteach or copies thereof to others in violation of these Terms.
(c) No Other Rights. Except as expressly set forth in these Terms or any other written agreement between You and Infiniteach, no license or other right in or to the Applications, Services or content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(d) Suggestions. If You provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to Infiniteach for improvements to the Applications or Infiniteach Services, You hereby grant to Infiniteach a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Applications, Infiniteach Services and any other products or services. You further represent and warrant that such Suggestion or Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam” and is not copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Suggestion or Submission. You agree to indemnify Infiniteach for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
5. LIMITED WARRANTY.
(a) Mutual Warranties; Disclaimer. Each of You and us represents and warrants to the other party that such party has the legal power to enter into these Terms.
Infiniteach does not warrant or represent that the Infiniteach Services or the Website will be error-free, uninterrupted or secure.
(b) Disclaimers. You acknowledge that the Infiniteach Services and Website are provided “AS IS” and are based in part on Submissions provided by Educators, Parents, or Therapists, which are not verified by Infiniteach, and that any content acquired through the use of the Services or Website is at Your sole risk and discretion. Infiniteach and its suppliers are not liable or responsible for any results generated through the use of the Services or Website. EXCEPT AS SET FORTH IN THIS SECTION 5, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.
(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.
6. LIMITATION OF LIABILITY.
(a) Limitation. Infiniteach’s aggregate liability for all claims arising from these Terms, cumulatively between You and Infiniteach, shall not exceed one hundred United States dollars ($100). Further, Infiniteach shall not be liable for any property damage caused by the use of the Infiniteach Applications and Services, reports produced through use of the Infiniteach Applications or Services or by any errors, delays or failures of the Infiniteach Applications or Services.
(b) Disclaimer. IN NO EVENT SHALL INFINITEACH, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS, THE INFINITEACH SERVICES OR WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF INFINITEACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER INFINITEACH, NOR THE INFINITEACH PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
(c) No Liability to or due to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, INFINITEACH DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE INFINITEACH APPLICATIONS OR SERVICES BY ANYONE OTHER THAN YOU. For Your convenience, the Services or Website may contain links to the websites of third parties on which You may be able to obtain information or content and/or download software. Infiniteach has no control over, makes no representations for accuracy of, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOU EXPRESSLY RELIEVE INFINITEACH AND ITS PARTIES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR PRODUCT AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. PURCHASES AND OTHER TRANSACTIONS
Price and availability. Price and availability of any product or service offered through the Infiniteach Website or our Services are subject to change without notice, and Infiniteach shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Infiniteach’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by You or on Your behalf through the Infiniteach Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, You remain responsible for any taxes that may be applicable to Your Transactions.
9. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT.
If You believe any materials accessible on or from Infiniteach Applications infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting Infiniteach’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Infiniteach’s agent for copyright issues relating to Applications is as follows:
641 W Lake Street, Suite 200
Chicago, IL 60661
E-mail: [email protected]
In an effort to protect the rights of copyright owners, Infiniteach maintains a policy for the termination, in appropriate circumstances, of users of Applications who are repeat infringers.
California Residents have rights to the following information pursuant to California Civil Code Section 1789. Currently there are no charges to the consumer for use of the Infiniteach Website, other than, if applicable, the cost of the app, software, any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Infiniteach reserves the right to change its pricing. Please feel free to contact Infiniteach to resolve a complaint regarding any aspect of our service by writing to the address above. Upon Your request, You may have these Terms sent to You by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
10. LINKING TO OUR SITES
You may link to our Website, provided You do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You may use the features on our Website solely as they are provided by us, and solely with respect to the content they are displayed with. We may disable all or any features on our sites and any links at any time without notice, in our sole discretion.
11. RESTRICTED SITES AND PASSWORDS
You are responsible for maintaining the security of Your information technology systems and computers. You should exercise the necessary steps to ensure that unauthorized individuals do not access Your accounts or other components of our Website, as well as Your log files or any other information which is proprietary or private to You. Do not share Your password with anyone. If You are an authorized user of any restricted area, You are responsible to maintain the security/confidentiality of Your password. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We will not ask You for Your password. If You know or suspect that Your password has been compromised, change your password immediately. If You suspect any unauthorized activity related to Your account, You should contact us. We will not be responsible if You do not properly secure Your password or if You choose to share Your password with anyone else. In order to protect your personal information, we encourage You to change Your password regularly.
12. WAIVER OF CLASS ACTION RIGHTS.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
(a) Governing Law; Dispute Resolution. These Terms shall be governed by the laws of the State of Illinois, excluding: (i) its conflicts of laws principles to the extent such principles would apply the laws of any other jurisdiction; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All legal actions concerning these Terms shall be brought in a court located in Chicago, Illinois, provided that any party hereto may seek equitable relief in any jurisdiction. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Chicago, Illinois, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and Infiniteach shall appoint as sole arbitrator a person mutually agreed by You and Infiniteach or, if You and Infiniteach cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award, order of enforcement. Notwithstanding the foregoing, Infiniteach shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.
(b) No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Infiniteach of that third party or of any product or service provided by a third party.
(c) Assignment. You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
(d) Independent Contractors. Infiniteach and You are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.
(f) Export Restrictions. The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from this Website may be exported, in any way, in violation of United States law.
(g) Headings; Severability. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
For Additional Information
If You have any questions about the rights and restrictions above, please contact us by email at [email protected]. Thank you!