End User License Agreement
Please read this parental consent and license agreement (this "Agreement") carefully. By checking the "I Agree" box during the learner enrollment process, or by using Headsprout's proprietary software program (the "Reading Program"), you agree to be bound by the terms of this Agreement. Consent to this Agreement is necessary in order to finalize the registration process and use the Reading Program program. If you do not agree to the terms and conditions of this Agreement, do not check "I Agree" and do not access and use the Reading Program.
By checking the "I Agree" box, you are consenting to (a) Headsprout's use of the registration information as described on the registration pages, (b) the collection and use of your child's performance data as described in this Agreement, and (c) the terms and conditions of use for the Reading Program described in this Agreement. If you have questions about this Agreement, contact Headsprout at firstname.lastname@example.org.
Headsprout reserves the right to amend this Agreement at any time, provided that it will provide thirty (30) days advance written notice to you, via email or other reasonable means, of any material changes to this Agreement. In the event that you object to any material changes to the terms and conditions of this Agreement, your sole and exclusive remedy will be to terminate this Agreement and to cease using the Reading Program, without right of refund.
I certify that I am over the age of 18 and the parent or legal guardian of the child that I am registering to use the Reading Program Program. I agree that Headsprout may use the information it collects during registration as described on the registration pages. In addition, I agree that Headsprout may collect performance data directly from my child in connection with my child's use of the Reading Program.
"Performance Data" are simply the clicks that are transmitted over the Internet while completing a lesson in the Reading Program. Headsprout will use Performance Data to measure your child's performance in the Reading Program and may make program adjustments based on your child's performance. In addition, Headsprout may aggregate the Performance Data of children participating in the Reading Program and use it for statistical purposes. Such aggregated information will be anonymous and will not identify your child.
Use of the Reading Program
Use. During the term of this Agreement, your child and you may access and use the Reading Program via the Internet. The software applications that provide the Reading Program (the "Headsprout Software") are proprietary to Headsprout and protected by intellectual property rights. You are not entitled to copy or to a copy of the Headsprout Software. In addition, you may not give third parties access to the Reading Program, or modify, reverse engineer, decompile, or disassemble the Headsprout Software.
Your password gives you access to the Reading Program. Please keep your password confidential and do not share it with third parties. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions.
Except as provided under special promotional opportunities, such as a free trial, you agree to pay all applicable fees for the Reading Program. If payment cannot be charged to your credit card or your charge is returned to Headsprout for any reason, including charge back, Headsprout reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Headsprout hereunder, and thereafter to collect any amount due. The fees for the Reading Program are published on Headsprout's web site. Headsprout reserves the right to change the fees it charges for Headsprout lessons at any time.
If you choose to use our payment plan, your purchase price will be spread over equal payments (the number depends on which product you purchase), 1 month apart. Our billing systems are automated and will process a payment on the day the payment is due. If the payment can not be processed due to billing issues (incorrect credit card, card expired, insufficient funds, etc), Headsprout will automatically re-attempt the payment the next day. Headsprout is not responsible for any fees your bank may charge you due to insufficient funds (also known as overdraft.) It is the user's responsibility to ensure sufficient funds are available in their bank account. If your payment plan payment is 11 days late, your account will be automatically disabled and you will have to contact Headsprout directly at 206-329-3660 ext 6 to reactivate the account. If your payment is late, Headsprout reserves the right to adjust your next payment due date (calculated as 30 days from when your current payment was successfully processed or calculated as 30 days from when your current payment was due.)
The term of this agreement will start on the date you accept this agreement and continue for as long as the program is used by the learner it was originally purchased for. Notwithstanding the term, you may terminate this Agreement at any time, except that you will not be entitled to a refund of fees, except in accordance with Mimio's thirty (30) day money-back guarantee. In addition, notwithstanding the term, Mimio reserves the right to terminate or extend the term of this Agreement at any time at its discretion.
All right, title and interest, including all copyrights, patents, trademarks, trade secrets and all other proprietary and intellectual property rights in existence now or arising in the future in and to the Reading Program and the Headsprout Software shall remain in Headsprout and you shall not acquire any interest therein, except as expressly provided in this Agreement.
Disclaimer Regarding Specific Results
The Reading Program is a tool to assist your child in learning to read. Because every child learns differently, Headsprout cannot guarantee particular results from your child's use of the Reading Program. For best results we recommend that you and your child follow the instructions and guidelines for completing the entire the Reading Program. HEADSPROUT DOES NOT REPRESENT AND WARRANT THAT YOUR CHILD WILL ACHIEVE CERTAIN SPECIFIC RESULTS OR OUTCOMES AS A RESULT OF USING THE READING PROGRAM. HEADSPROUT DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE READING PROGRAM.
Disclaimer Regarding Internet Service
THE FLOW OF INFORMATION OVER THE INTERNET IS CONTROLLED BY THIRD PARTY INTERNET SERVICE PROVIDERS OVER WHOM HEADSPROUT HAS NO CONTROL. HEADSPROUT DOES NOT REPRESENT AND WARRANT THAT ACCESS TO AND USE OF THE READING PROGRAM WILL NOT BE INTERRUPTED DUE TO DISRUPTIONS IN YOUR INTERNET SERVICE. IN ADDITION, WHILE HEADSPROUT MAKES COMMERCIALLY REASONABLE EFFORTS TO COMPLY WITH INDUSTRY STANDARDS WITH RESPECT TO ITS SECURITY SYSTEMS, HEADSPROUT CANNOT AND DOES NOT GUARANTEE THAT YOUR USE OF THE READING PROGRAM AND THE STORAGE OF INFORMATION ON ITS SERVERS WILL BE ABSOLUTELY SECURE AND WITHOUT COMPROMISE TO SECURITY SYSTEMS.
Application of State Law
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You may have other legal rights that vary from state to state.
Limitation of Liability
IN NO EVENT SHALL HEADPSROUT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE READING PROGRAM, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER HEADPSROUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEADSPROUT'S AGGREGATE LIABILITY TO YOU FOR DAMAGES UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE FEES YOU HAVE PAID TO HEADSPROUT UNDER THIS AGREEMENT.
We welcome your comments and suggestions related to the Reading Program, but please do not submit any ideas and suggestions that you consider to be confidential or proprietary to you. To the extent that you provide comments and suggestions to Headsprout, you agree that Headsprout may use such information, without charge or limitations on use, for all purposes.
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement shall lie in the state or federal courts of King County, Washington, as applicable. This Agreement, and the Headsprout Privacy and Security policy and Legal Notices on the Headsprout website, contain the entire agreement between Headsprout and you, and supersede all prior and contemporaneous understandings, whether oral or written.
Headsprout can be reached using the contact information on the Contact Page.