Terms of Service

Acceptance of Terms
MATSCIENCE21 LLC (hereafter called "MATSCIENCE21") 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 MatScience21 services, you and MatScience21 shall be subject to any 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.
Description of Services

MatScience21 currently provides middle school students with a blended (online and in-person) service to help learn and practice mathematics and science. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties from MatScience21 and its affiliates and partners, shall be subject to the TOS.

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, tablet, modem, router or any other appropriate Internet access device. A broadband internet connection is recommended for optimum learning experience.

Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself (the Parent) and your child (the Student) 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 MatScience21 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MatScience21 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).

Account and Billing

You can find the specific details regarding your account with MatScience21 at any time. Simply sign in to your MatScience21 parent account, and click 'My Profile'.

a. Billing By enrolling your child in the MatScience21 program, you are expressly agreeing that we are authorized to charge you the program fee associated with the type of enrollment (monthly, quarterly or yearly) you chose during registration. You agree that we are authorized to charge you the program fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you subsequently change your account information). Please note that program fees 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 program fee will be billed at the beginning of the paying portion of your membership and each month or quarter or year thereafter unless and until you cancel your enrollment.

b. Ongoing Enrollment Your child's enrollment in MatScience21 will continue in effect unless and until you cancel your enrollment or we terminate it. You must cancel your enrollment before it renews each billing period in order to avoid billing of the next program 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 subsequently change your account information). Program fees are fully earned upon payment.

c. Cancellation You may cancel your MatScience21 enrollment 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, please contact MatScience21 Administration.

Definitions

"Authorized User" means, Students enrolled in the MatScience21 enrichment program and their Parent.

"Software" means the software tools such as dashboard, messaging, chat and calendar on MatScience21 portal and the Odyssey online curriculum provided by Compass Learning.

Customer Account, Password and Security

You (Parent) and your child (Student) will each have a password and account designation upon completing the Service's registration process. You may not share your account with anyone else. 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 MatScience21 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. MatScience21 cannot and will not be liable for any loss or damage arising from your failure to comply.

Limited Warranty: MatScience21 warrants the Software to operate substantially in accordance with specifications and documentation published by MatScience21 and Compass learning, provided this software is utilized in accordance with appropriate hardware configurations. MatScience21 does not warrant the operation of the software to be uninterrupted, secure or error-free. Nor does MatScience21 make any warranty or representation regarding the use of the software in terms of correctness, accuracy, reliability or otherwise. In the event the Software and Classroom sessions do not operate in accordance with MatScience21 's published specifications and documentation, MatScience21's sole responsibility will be to use reasonable efforts to correct the defect.

Disclaimer of warranties: Except for the limited warranty expressly set forth in this agreement and to the fullest extent permitted by applicable law, MatScience21 makes no warranties or representations concerning the MatScience21 offerings and any part thereof or any third party software or third party hardware or other materials, services, information or technology. MatScience21 specifically disclaims all such warranties and representations, express, implied or statutory including but not limited to any implied warranty of availability, reliability, usefulness, merchantability, fitness for a particular purpose, meeting your requirements, title, non-infringement, or those arising from course of performance, dealing, usage or trade. The risk of performance of the software is assumed by you. Any third party-owned materials made available under this agreement are made available "as is."

Limitation of liability: To the maximum extent permitted by law, in no event will MatScience21 , their business partners and suppliers be liable to you or any other person for any damages, including any direct, indirect, incidental, or consequential damages (including but not limited to damages arising from MatScience21's own negligence, lost profits, savings, data, the cost of procurement of substitute goods or other benefits) arising out of the use or inability to use the software or services. The limitations set forth shall apply even if MatScience21 and/or its suppliers are advised of the possibility of such damage. in no event shall MatScience21's, its licensors' and/or suppliers' liability to you and all users of the software and services under the same commercial terms exceed the amount of the license fees paid by you for the use of the services during the past twelve months.

Privacy and Cookies: By entering into this Agreement, you agree that the MatScience21 privacy policy, as it exists at any relevant time, shall be applicable to you. The most current privacy policy can be found at www.matscience21 .com. By entering into this Agreement, you agree to the transfer of your personal information to MatScience21's offices (or the offices of its service providers) in the United States. If You are accessing the Software hosted by MatScience21 and Compass Learning, MatScience21 may gather and maintain a record of Your internet protocol (IP) addresses, browser type, internet service provider (ISP), Your referring and/or exit pages, operating system, a date/time stamp and clickstream data. MatScience21 may use HTML cookies to track information about visitors to MatScience21 website so that we may understand and improve the user experience on our website. A cookie is a small data file that is stored on Your computer for record-keeping purposes. MatScience21 may also link the information that we store in cookies to the personally identifiable information You submit for various purposes such as understanding how You use content and which of its features are most used by You. Compass Learning may use Adobe Flash cookies (and/or similar applications) to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by Your web browser. Compass Learning may employ Adobe Flash cookies to provide special content such as video clips or animation or to provide You with customized content or remember the last page You visited, keep track of preferences You specify while You are using the Software.

External Links: Although MatScience21 makes reasonable efforts to ensure the quality, reliability, and age-appropriate nature of activities, any associated Internet URLs (addresses or "links") and related content are not under the day-to-day control of MatScience21 and are not endorsed by MatScience21. Accordingly, MatScience21 expressly disclaims responsibility such third party sites and material, including, without limitation, any claims for any direct, indirect, or consequential damages or other issues arising in connection with the display or usage of such links and content including material some may find objectionable. Because such links are not under the control of MatScience21, MatScience21 also cannot, and does not, guarantee that any given link will be accessible to or meet the specific needs of, You or any given user. None of the MatScience21 applications limits or restricts Your ability to view other, non-affiliated websites and associated content. MatScience21 does not provide, nor do the MatScience21 applications function as, a content filter.

Upload Activity:

The Service may include a feature that will enable your child (if he or she is logged-in as a student) to upload content. You agree that the material uploaded will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material (e.g. fair use) and to grant MatScience21 all of the license rights granted herein ("Upload Activity"). Your use of the Upload Activity is conditioned on your consent to this Section. You agree that you are solely responsible for any content you upload, including without limitation, its accuracy, adequacy and timeliness. 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 MatScience21, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. MatScience21 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 MatScience21 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.

Prior to uploading such content you agree to scan such content for viruses and malicious code to ensure such uploaded content does not include viruses or malicious code, and you agree to confirm that the content does not include any libelous, obscene, pornographic, illegal or inappropriate content. You understand that MatScience21 is not reviewing or editing uploaded content. To the fullest extent permitted under law, You agree, on behalf of yourself and your child (Student), in all capacities, including individually, agree to defend, indemnify and hold MatScience21, its officers, directors, employees and agents harmless from any and all losses, claims, detriment, damages, charges, costs and expenses. By uploading content, you agree to grant and you hereby grant an irrevocable, nonexclusive, paid-up, transferable license to use the content uploaded. IF MatScience21 SHALL BE LIABLE TO YOU OR YOUR CHILD FOR ANY MATTER RELATED TO OR ARISING FROM UPLOAD ACTIVITY, INCLUDING OTHER LIABILITIES, BASED UPON AN ACTION OR A CLAIM IN CONTRACT, WARRANTY, EQUITY, TORT, NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE (INCLUDING ANY ACTION OR CLAIM ARISING FROM THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE OF MatScience21), THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE AGAINST MatScience21 WITH RESPECT TO ANY UPLOAD ACTIVITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

MatScience21 respects and expects its users to respect the rights of copyright holders. On notice, MatScience21 will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us at MatScience21 LLC, 1 Ethan Allen Dr, Acton, MA, with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit MatScience21 to locate the material; (d) information reasonably sufficient to permit MatScience21 to contact you, such as an address, telephone number, and, if available, an electronic mail; (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.

Governing Law: This Agreement will be governed and interpreted by the laws of the State of Massachusetts, USA. Exclusive jurisdiction and venue for all disputes will be in the state and federal courts residing in Boston, Massachusetts. You expressly consent to the exercise of jurisdiction over You in the above venue of any court of competent jurisdiction and waive any right You may have to have the action tried or determined in a different venue. You consent to an injunction or other equitable relief, without bond, if sought by MatScience21 due to Your breach of any of the terms of this Agreement. If MatScience21 employs attorneys to enforce any rights arising out of or related to this Agreement and prevails in such action, MatScience21 shall be entitled to recover its reasonable attorney's fees and costs from You.

Acceptance of Terms and Conditions of this Agreement: MatScience21 has agreed to extend to You the rights set forth herein in reliance on Your agreement to the terms of this Agreement. By Your use of the Software, You agree to be bound by the terms and conditions set forth herein without the need for any signature to this Agreement by You or MatScience21.