Customer is responsible for their use of the Service and compliance with this Agreement. Customer shall: (i) have sole responsibility for the accuracy, quality, and legality of all Customer Data; and (ii) prevent unauthorized access to, or use of, the Service, and notify JumpRope promptly of any such unauthorized access or use of which Customer is aware. Customer shall not send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights via the Service. Further, Customer shall not: (x) knowingly send or store Harmful Code via the Services; (y) interfere with or disrupt performance of the Service or the data contained therein; or (z) attempt to gain unauthorized access to the Service or its related systems or networks in a manner not otherwise set forth within the Documentation.
Customer shall not (i) modify, copy or create any derivative works based on the Software or Service in order to build any product or service; (ii) frame or mirror any content forming part of the Software; (iii) reverse engineer or decompile the Software except to the extent required by applicable law; (iv) access the Software or Service in order to build any commercially available product or service, (v) copy any features, functions, interfaces or graphics of the Software or Service in order to build any commercially available product or service. JumpRope reserves all rights, title and interest in and to the Software, including all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JumpRope AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JumpRope MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERORR FREE OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEMS, MOBILE TELEPHONES, WIRELESS DEVICES OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM JumpRope, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Customer shall defend, indemnify and hold JumpRope harmless: (i) for any loss, damage or liability incurred in connection with Claims made against JumpRope by a third party arising from a breach of this Agreement by Customer’s employees and Authorized Parties that resulted in the unauthorized disclosure of Customer Data, (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with Claims made or brought against JumpRope by a third party alleging that the Customer Data infringes the rights of, or has caused harm to a third party; or (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with a claim made by a third party arising from Customer's or its employees’ use of the Service in breach of this Agreement. JumpRope shall: (a) promptly give written notice of the Claim to Customer; (b) give Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle or defend any Claim unless it unconditionally releases JumpRope of all liability); and (c) provide to Customer, at Customer's cost, all reasonable assistance.
JumpRope SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, USE, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF JumpRope HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JumpRope WILL BE LIABLE FOR LOSSES OR DAMAGES DUE TO SITUATIONS RESULTING FROM FORCE MAJEURE.
The Service may include certain communications from JumpRope, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from JumpRope. However, you will not be able to opt-out from receiving service announcements and administrative messages.
JumpRope reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted.
This Agreement shall be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws rules.
The state and federal courts located nearest to New York County, New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.
If Customer violates any of these Terms of Service, Customer’s permission to use the Service will automatically terminate. JumpRope reserves the right to revoke Customers access to and use of the Service at any time, with or without cause, and with or without notice. JumpRope also reserves the right to cease providing or to change the Services at any time and without notice.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
JumpRope helps educators implement standards-based grading in every classroom through innovative assessment and feedback. We provide the web-based platform that great teachers and schools need to engage students with active pedagogy, purposeful planning, and authentic learning experiences. With the tools to make standards-based grading easy, teachers are freed to create, propel and inspire; and students become life-long learners. More +
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