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Infinity Learning Systems (hereafter called "InfinityLS")
provides its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice to you.
When using particular InfinityLS services, you and InfinityLS shall be subject
to any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by reference
into the TOS.
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InfinityLS currently provides users with a service
to help learn and practice mathematics. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of new
InfinityLS properties, shall be subject to the TOS. You understand and agree that the
Service is provided "as-is" and that InfinityLS assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user communications or
personalization settings. In order to use the Service, you must obtain access to the
Internet, either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the Internet, including a computer and
modem or other access device.
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In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or InfinityLS has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
InfinityLS has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
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You can find the specific details regarding your membership with InfinityLS at any time. Simply
sign in to your InfinityLS parent account, go to the Membership tab, and click Manage your account.
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By starting your InfinityLS membership, you are expressly agreeing that we are authorized to
charge you the membership fee associated with the type of membership (monthly or yearly) you
chose during registration. You agree that we are authorized to charge you the membership fee
at the then-current rate to the Payment Method you provided during registration (or to a
different Payment Method if you change your account information). Please note that prices and
charges are subject to change with notice. As used in these Terms of Service, "billing" shall
indicate either a charge or debit, as applicable, against your Payment Method. The membership
fee will be billed at the beginning of the paying portion of your membership and each month or
year thereafter unless and until you cancel your membership. Sign in to your InfinityLS parent
account, go to the Membership tab, and click Manage your account to see the commencement date
for your next renewal period. We automatically bill your Payment Method each month or year on
the calendar day corresponding to the commencement of your paying membership. Membership charges
are fully earned upon payment.
Note: In the event your monthly membership began on a day not
contained in a given month, we bill your Payment Method on the last day of such month. For example,
if you became a paying member on January 31, your Payment Method would next be billed on February 28.
You acknowledge that the amount billed each billing period may vary for reasons that include differing
amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for
such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially
used periods. We may change the fees and charges in effect, or add new fees and charges from time to time,
but we will give you advance notice of these changes by e-mail. If you want to use a different Payment
Method or if there is a change in Payment Method, such as your credit card validity or expiration date,
you may edit your Payment Method information from your Account management page. To access your Account
management page sign in to your InfinityLS parent account, go to the Membership tab, and click Manage
your account. If your Payment Method reaches its expiration date and you do not edit your Payment
Method information or cancel your account (see, "Cancellation" below), you authorize us to continue
billing that Payment Method and you remain responsible for any uncollected amounts.
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Your InfinityLS membership will continue in effect unless and until you cancel your membership or we
terminate it. You must cancel your membership before it renews each billing period in order to avoid
billing of the next membership fee to your Payment Method. We will bill the membership fee at the
then-current rate plus any applicable tax to the Payment Method you provide to us during registration
(or to a different Payment Method if you change your account information). Membership fees are fully
earned upon payment.
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You may cancel your InfinityLS membership at any time, and cancellation will be effective immediately.
You will continue to have access to the program until the current billing period ends. We do not
provide refunds or credits for any partially used membership periods. To cancel your membership, sign
in to your parent account and click the words "Cancel membership" on your Account management page.
Follow the instructions for cancellation under the heading "Cancel Membership."
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Registration Data and certain other information about you is subject to our Privacy Policy.
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You will have a password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or account. You agree to (a) immediately
notify InfinityLS of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. InfinityLS cannot and will
not be liable for any loss or damage arising from your failure to comply with this Section 6.
InfinityLS accounts may not be shared by more than one person unless express authorization is given by
InfinityLS.
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You understand that all information including but not limited to data, text, software, photographs,
graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service
marks and other materials ("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means that you, and not
InfinityLS, are entirely responsible for all Content that you upload, post, e-mail, transmit or
otherwise make available via the Service. InfinityLS does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will InfinityLS be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You understand that the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
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Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in which
you reside.
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You agree to indemnify and hold InfinityLS, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
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InfinityLS reserves the right at any time and from time to time to modify or temporarily discontinue
the Service (or any part thereof) with or without notice. You agree that InfinityLS shall not be
liable to you or to any third party for any modification, suspension or temporary discontinuance of
the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid
subscription price, pro-rated to the amount of time remaining on the subscription.
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You agree that InfinityLS, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if
InfinityLS believes that you have violated or acted inconsistently with the letter or spirit of the
TOS. InfinityLS may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior notice, and acknowledge and
agree that InfinityLS may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the Service. Further, you
agree that InfinityLS shall not be liable to you or any third-party for any termination of your access
to the Service.
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The Service may provide, or third parties may provide, links to other Internet websites or resources.
Because InfinityLS has no control over such sites and resources, you acknowledge and agree that
InfinityLS is not responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree that InfinityLS 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 of or reliance on any such Content, goods or services available on
or through any such site or resource.
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You acknowledge and agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that information presented to
you through the Service is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by InfinityLS or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part. InfinityLS grants you a personal, non-transferable and
non-exclusive right and license to use the Service. You agree that you will not copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than through the interface that is
provided by InfinityLS for use in accessing the Service. Furthermore, you understand that the Content
is protected by copyright and other laws in both the United States and elsewhere. Under the terms of
this agreement, it is expressly forbidden to distribute the Content or any portion thereof by any
means, including but not limited to electronic and print, to any person or entity who does not have a
valid account. InfinityLS reserves the right to cancel your organization's license without refund if
it is determined that you have violated this portion of the agreement.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. InfinityLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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InfinityLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM InfinityLS OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT InfinityLS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF InfinityLS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
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InfinityLS is a registered trademark of Infinity Learning Systems.
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The TOS constitute the entire agreement between you and InfinityLS and govern your use of the Service,
superseding any prior agreements between you and InfinityLS. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and InfinityLS shall be governed by the
laws of the Republic of the Philippines without regard to conflict of law provisions. The failure of
InfinityLS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.