855-200-7627
THESE TERMS OF USE GOVERN YOUR USE OF THE INTERNET SITE LOCATED AT SNAPLEARNING.CO (“SITE”), WHICH IS PROVIDED BY SNAP LEARNING, INC. (“SNAP”). BY ACCESSING THIS SITE, OR THE SERVICES (AS DEFINED BELOW), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SNAPAT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. PLEASE CONSULT THE TERMS AND CONDITIONS OF USE REGULARLY. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES.
Description Of Services

SNAP is a provider of downloadable educational software for use on wireless devices, electrical apparatus and computers in the field of reading, writing, mathematics, social studies, science and English as a second language for pre-school through sixth (6th) grade students. SNAP also provides educational and entertainment services, namely, online educational computer games; onlinedownloadable books, workbooks, books, activity books, teachers guides and manuals in the field of reading, writing, mathematics, social studies, science and English as a second language (collectively, the “Services”).

Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current and complete. If SNAP believes the information you provide is not correct, current, or complete, SNAP has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

SNAP imposes certain restrictions on your permissible use of the Site and the Services. The Site and Services are only for your personal use. You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose including any commercial purpose, without SNAP’s express prior written consent. For example, you may not (and may not authorize any other party to:(i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of SNAP. For purposes of these Terms and Conditions of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with SNAP in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Proprietary Information

The material and content accessible to view and purchase from this Site, and any other website owned, operated, licensed, or controlled by SNAP (“Content”) is the proprietary information of SNAP or the party that provided the Content to SNAP, and SNAP or the party that provided the Content to SNAP retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, posted, or transmitted in any way without the prior written consent of SNAP, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates SNAP’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Privacy Policy

Any information submitted on the Site is subject to SNAP’s Privacy Policy. A complete statement of SNAP’s current Privacy Policy can be found by clicking here. SNAP’s Privacy Policy is expressly incorporated into these Terms and Conditions of Use by reference.

Affiliated Sites

This Site may be hyper-linked to other sites, which are not maintained by, or related to, SNAP. SNAP has no control over, and no liability for any third party websites or materials. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or SNAP. SNAP has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and SNAP makes no representation or warranties about the content, completeness, currency, quality or accuracy of these hyper-links or the sites hyperlinked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by SNAP of that site.

Submissions

You hereby grant to SNAP the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to SNAP through this Site (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed. SNAP will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a rule of any similarities that may appear in future SNAP operations.

SNAP will treat any personal information that you submit through this Site in accordance with its Privacy Policy.
Disclaimer

SNAP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. SNAP does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notice provided by SNAP. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SNAP DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNAP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SNAP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SNAP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR SUCH ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site and SNAP does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

Limitation on Liability

SNAP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SNAP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SNAP FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold SNAP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors ("Indemnified Parties") harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of SNAP or the party that provide the trademark, service marks, and logos to SNAP. SNAP and any party that provided trademarks, service marks, and logos to SNAP retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SNAP or any third party.

SNAP may suspend or terminate use of this Site to any user who is found to have infringed on the rights of SNAP or of a third party, or otherwise violated any intellectual property laws or regulations. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SNAPto delete, edit, or disable the material in question, you must provide SNAPwith all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SNAPto locate the material; (d) information reasonably sufficient to permit SNAPto contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SNAP's designated agent at:

Mark Sullivan, President
SNAP Learning, Inc.
4325 N. Golden State Blvd. #102
Fresno, California 93722

Copyright Infringement

Any Site or Service user who is found to have or is reasonably believed to have infringed on the rights of SNAP or any third party, or otherwise violated any intellectual property laws or regulations shall be immediately suspended and/or have their access to the Site or the Services immediately terminated. It is SNAP’s policy to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SNAP to delete, edit, or disable the material in question, you must provide SNAP with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SNAP to locate the material; (d) information reasonably sufficient to permit SNAP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SNAP’s designated agent at:

William E. Chaltraw, Jr.
Fishman, Larsen, Goldring & Zeitler
7112 North Fresno Street, Suite 450
559.256.5000
559.256-5005
Chaltraw@flgz.net

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this Site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g.conducting raffles or contest, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
solicits funds, advertisers or sponsors;
includes programs that contain viruses, worms, and/or Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
amounts to “pyramid” or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above. SNAP reserves the right to monitor use of this Site to determine compliance with these Terms and Conditions of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither SNAP nor any third party that provides Content to SNAP will assume or have any liability for any action or inaction by SNAP or such third party with respect to any Submission.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). SNAP will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SNAP considers insecure, SNAP will be entitled to require the password to be changed and/or terminate your account. You agree to notify SNAP immediately of any unauthorized use of your account. SNAP shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents,and representative due to someone else’s use of your account or password.

You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SNAP in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

If you become involved in any violation of system security, SNAP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SNAP reserves the right to investigate suspected violations of these Terms and Conditions of Use.

SNAP reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SNAP to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate the Terms and Conditions of Use. By accepting this agreement you waive and hold harmless SNAP from any claims resulting from any action taken by SNAP during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either SNAP or law enforcement authorities.

California Use Only

The Site is controlled and operated by SNAP from its office in the State of California. SNAP makes no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as SNAP’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Alleged Violations

SNAP reserves the right to terminate your use of the Services and/or the Site. To ensure that SNAP provides a high quality experience for you and for other users of the Site and the Services, you agree that SNAP or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services. SNAP does not intend to disclose the existence or occurrence of such an investigation unless required by law, but SNAP reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if SNAP believes that you have violated any of the Terms of Use, furnished SNAP with false or misleading information, or interfered with use of the Site or the Services by others.

Copyright

All contents of Site or Services are: Copyright © 2014 SNAP, 2490 West Shaw Avenue, Suite 200, Fresno, California 93711. All rights reserved.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SNAP or by any third party.

Miscellaneous

These Terms of Use will be governed an interpreted pursuant to the law of California. You specifically consent to personal jurisdiction in the state of California in connection with any dispute between you and SNAP arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to the Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of the Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Fresno, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. SNAP may revise these Terms of Use at any time by updating this posting.

Last updated: 18th Aug 2015

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Fresno, CA 93711
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