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Thank you for using the AoPS Academy web site at virtual.aopsacademy.org or an affiliated web site associated with the AoPS Academy Virtual Campus that links to these Terms of Service (collectively, the "Sites" and individually a "Site"). The Sites and all products and services provided on and through the Sites, including registration for classes ("Classes"), book sales, and certain email publications prepared and delivered by us to users are referred to collectively in these Terms as the "Services." The Services are provided by High Performance Learning, LLC, doing business as AoPS Academy ("Academy").
Certain portions of the Services and the Sites are operated for the Academy by AoPS Incorporated ("AoPS"), a California corporation.
Please read these Terms of Service ("Terms") carefully. These Terms are entered into between Academy and you (the "user") and set forth legally binding terms that govern and restrict your use of the Sites and Services. References in these Terms to "we," "us," or "our" mean Academy and references to "you" and "your" mean the user.
We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Services after any modifications constitutes your agreement to the modified Terms.
AoPS provides online educational tools, content, testing and assignments as part of the Services ("AoPS-provided Services"). To use these AoPS-provided Serivces, you are required to acquire an account with AoPS and agree to the AoPS Terms and Conditions, located at here (the "AoPS Terms"), or to acquire an account with Beast Academy, an AoPS-owned site, and agree to the Beast Academy Terms and Conditions, located at here (the "Beast Academy Terms"). You agree that your use of the AoPS Services is subject to AoPS Terms if using an AoPS account or the Beast Academy Terms if using a Beast Academy account (and not these Terms).
Also, your use of certain Services may be governed by additional terms and policies, which may be provided to you in person or which may be available on the Sites. By using any Service you are acknowledging that you have reviewed all corresponding terms and policies, and agree to be bound by them.
Application and Use. These Terms apply to all registered users of the Services, and your or your minor child's participation in our Services. These Terms also apply to users of the Site who have not registered to be a user of any Service (such users include any person or entity who accesses or uses the Site with automated means, including web crawlers, robots, spiders, and other tools).
Account and Password. You must be at least 18 years old and provide an email and password to acquire Services, although as a parent or guardian you may acquire Services that are provided to your child. You must use your real name and not a pseudonym or other name when registering for our Services, and otherwise provide complete and accurate account information to us. You will be exclusively responsible for the supervision, management, and control of any of your user logins and passwords for the Site and you will ensure that you properly exit the Site at the end of each session.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account information.
Changes to Services. We reserve the right to change our Sites and Services, without notice, from time to time.
Electronic Communications. You hereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices in connection with the Services. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Pricing. Certain Services are available for a fee, as described on the Site and as may be changed from time to time. All fees paid are nonrefundable, subject to any return policies that we in our discretion may adopt from time to time.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all administrative fees (such as PayPal fees), governmental fees and applicable taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel.
Payment. Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any Services, you must provide AoPS Incorporated with a valid credit card number and associated payment information including all of the following: (a) your name as it appears on the card, (b) the billing address, (c) your credit card number, (d) the credit card type, (e) the date of expiration; and (f) the card verification code. By submitting that information to AoPS Incorporated, you agree that you authorize AoPS Incorporated to charge your card at our convenience, but within thirty (30) days of credit card authorization. You represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We and AoPS Incorporated will not be liable if minors or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card. Certain fees (as specified on the Site) will automatically renew and continue until the associated Services are terminated. You consent to and accept responsibility for all recurring charges to your credit or debit card, by means of ACH authorization (or other payment method, as applicable) without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable fees. In the latter case, you will have the option to opt-out and discontinue service prior to the recurring charge. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO AOPS INCORPORATED IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU WILL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
No Academic Credits. Unless otherwise specified in writing by Academy, Academy is not a school and does not provide any academic credits or certifications for any Classes provided by Academy. You agree that any certificate of completion provided by Academy is not intended to convey academic credit for any school, and neither Academy nor any of its instructors are obligated to assist or attempt to obtain any such school credit.
Responsible Use and Conduct. You agree to use the Services only for the purposes intended and only as permitted by (a) these Terms, and (b) applicable laws and regulations.
You represent and warrant that you will:
Privacy. Our Privacy Policy explains how we treat information collected and received from you when you use our Services. Our Privacy Policy, availble here, is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms you are accepting our Privacy Policy.
Intellectual Property. The content, organization, graphics, design, compilation, software, and other matters related to the Services are owned by Academy and its suppliers and are protected under applicable U.S. and international copyright, trademark and intellectual property laws. We exclusively own all worldwide right, title and interest in and to all our trademarks, documentation, software, content, graphics, designs, data, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included associated with the Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the "Intellectual Property"). You will not challenge, contest or otherwise impair Academy's ownership, validity or enforceability of Academy's rights in the Intellectual Property. Nothing in these Terms will be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or a ny copyright, trademark, patent or other intellectual property right of Academy or any third party. None of the material associated with our Sites and Services may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Academy, which permission may be withheld in our sole and absolute discretion.
International Users. If you use the Services from outside of the United States, your connection will be through and to servers in the United States, your orders placed through the Site will be fully processed in the United States and all information you provide will be processed and maintained in our web servers and internal systems located the United States. By using the Services, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Disclaimer of Warranties. THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, B UT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, ACADEMY DOES NOT MAKE ANY AND HEREBY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITES AND SERVICES; (C) ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES; (D) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (E) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR SERVICES OR CIRCUMSTANCES OVER WHICH ACADEMY HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE AND SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
We attempt to be as accurate as possible when describing Services offered through our Site. We do not warrant that Service descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.
Limitation of Liability. ACADEMY SHALL NOT BE RESPONSIBLE FOR ANY: (A) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THE SITE OR SERVICES, AND (B) ANY LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACADEMY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO ACADEMY IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
The limitations of liability hereunder shall apply regardless of the failure of any remedy herein, and whether or not we have been advised or should have been aware of the possibility of any such losses arising.
Indemnity. You will indemnify and hold us, our subsidiaries parents, affiliates, officers, directors, members, managers, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney's fees, and other expenses of every nature and character by reason of (a) your use of the Services; (b) your breach of any of your representations, warranties or agreements set forth in these Terms; and (c) any acts or omissions by you or on your behalf regarding any content posted in connection with the Services by you and/or any third party.
Links to other Content. The Services may include links to other web services or content or resources. We may have no control over any web services or resources which are provided by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such external services, content or resources, and we do not endorse any advertising, products or other materials on or available from such web services, content or resources.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external services, services or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web services, services or resources.
Termination and Remedies. You acknowledge that if we, in our sole discretion, determine you to be in breach of these Terms, we may restrict, suspend, or terminate your access to all or any part of the Services, with or without notice. Termination will be without prejudice to any other right or remedy to which we or our affiliates may be entitled under these Terms or at law.
Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms and/or the Site, or your use thereof, will be brought and conducted in San Diego County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to these Terms or the breach or termination hereof will be settled by binding arbitration conducted by JAMS ("JAMS") in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the "Rules"). The arbitration will be heard by one arbitrator to be selected in accordance with the Rules, in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator will have the power to award reasonable attorneys' fees to the prevailing party. To the extent allowed under applicable law, you agree any dispute will be resolved without including any other third parties included as parties to the arbitration proceeding, be it as individuals, as part of a collective action, or as part of a representative class, unless both you and Academy agree to such consolidation after a dispute has arisen.
Miscellaneous. These Terms, together with any other documents referenced herein constitute the entire agreement between the parties and supersede all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof. If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor the right to enforce such provision. You may not assign or transfer these Terms, your account, or any of your rights or obligations hereunder. An assignment in violation of these Terms is null and void. Each party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers.
If you have questions regarding these Terms, please contact us using the Contact Us link on the Site.
Effective Date: July 3, 2020.
