Terms and Conditions
This website is provided by SMARTeacher Inc. (hereafter referred to as "SMARTeacher" or "Prodigy"). By using this Software, downloading any SMARTeacher education software (the "Software"), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website.
2. Personal Information
As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").
You must provide Prodigy with accurate, complete, and updated Registration Data. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission.
Prodigy reserves the right to refuse registration of or cancel Registration Data in its discretion.
You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone.
Upon completion of the Registration Data, you certify: that you are 18 years of age or older, if signing up for a parent or teacher account; to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
4. Membership and Subscription Fees
Access to the basic version of the Software is provided to you for free, while the premium version of the Software requires a paid membership. By starting your Prodigy membership, you expressly agree that we are authorized to charge you the membership fee associated with membership (monthly, six-month, lifetime, or annual). The prices associated with each membership and other charges are subject to change without notice. Membership begins on the date it is purchased (the "Purchase Date") and will continue until cancelled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.
Monthly and Annual Memberships
We will bill the fee associated with your Membership at the then-current rate plus applicable taxes. To avoid billing of the next membership fee, you must cancel your membership before it renews.
Prodigy, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. Prodigy may, in its sole discretion, terminate access to the Site or Software without notice. You agree that Prodigy shall not be liable to you or any third party in the event of such termination of access to the Site or Software.
7. Disclaimers of Warranties
The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and Prodigy shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from Prodigy shall not create any warranty not expressly stated in the TOS.
8. Limitation of Liability
Prodigy has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $100, whichever is less.
You agree to indemnify and hold harmless Prodigy, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.
10. Links and Advertising
The Site or Software may provide links to third party websites or resources. Prodigy has no control over the quality, suitability, availability, or legality of these external web sites and resources, and as such makes no representation or warranty of any kind. You hereby waive any claim you may have against Prodigy with respect to such sites. Prodigy is not responsible for any third party website or resources that are contained outside of the Site.
If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.
12. Governing Law and Arbitration
The ToS shall be governed under the laws of the Province of Ontario and you agree to submit to the jurisdiction of the Courts of the Province of Ontario in respect of any matter relating to the ToS.
13. Modifications to Site and Software
Prodigy reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that Prodigy shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software. Liability is limited to the paid membership fee, pro-rated to the time remaining on the membership fee, in the event of a permanent discontinuance of the Site or Software.
14. Use of Site and Software
The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by SMARTeacher Inc. and no right or title is transferred to you.
15. Entire Agreement
This TOS constitutes the entire understanding and agreement between you and Prodigy with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.
Certain information that may be provided to Prodigy by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record ("Education Record") under the Family Educational Rights and Privacy Act ("FERPA"). Additionally, certain information, provided to Prodigy by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").
As School Personnel or an Institution providing Directory Information or any Education Record to SMARTeacher, you warrant, as applicable, that your Institution has: complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines "school official" to include service providers and defines "legitimate educational interest" to include services such as the type provided by ClassDojo; or obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company's operation of the Service.
Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using Prodigy is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit Prodigy from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit the ability of Prodigy to use student information or Educational Records for adaptive learning or customized student learning purposes.
Prodigy may use Education Records that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. Prodigy agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.