Terms Of Use

TERMS OF USE
1. INTRODUCTION AND OVERVIEW
2. DESCRIPTION OF SERVICES
i) ELEMENTARY
II) SCHOOLS
A. ELEMENTARY SCHOOLS
3. ACCESS TO ELEMENTARYPLANET.COM
4. SOFTWARE
5. CONTENT
6. TERMINATION
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8. LINKS
9. TRADEMARK AND LOGO POLICY
10. TRADEMARK NOTICE
11. INDEMNITY
12. NO AGENCY OR PARTNERSHIP
13. GENERAL
14. SURVIVAL OF TERMINATION
15. BILLING POLICIES
16. MINOR’S USE AGREEMENT
17. STUDENT’S USE AGREEMENT


TERMS OF USE

This Terms of Use Agreement should be read together with the Company’s Privacy Policy, which forms a part of this policy. Since Elementary Planet reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect. Parents/teachers and/or administrators should also read our Minor’s Use Agreement found in Paragraph 16 near the end of this document.

1. INTRODUCTION AND OVERVIEW

Please read and review carefully these terms, conditions and notices (the "Agreement"), which govern use of Elementary Planet’s website. Your use of the Site and any of the services offered constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the owner of the Site, Elementary Planet (hereinafter "Elementary Planet"), to offer our services.

As used in this Agreement, "you" means the natural person who is interacting with the Site’s registration process and clicks "I accept" or the person who is browsing this Site as an unregistered user. When you click on the "I agree" button on the user registration, you are entering into a legal contract with Elementary Planet in which you agree (and, if you are a teacher, media specialist or other authorized school representative, company representative entering this Agreement on behalf of your school, institution, company or government, or other organization, herein referred to as “the organization”, the organization also agrees) to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.

This Agreement applies to all uses of the Site, including, but not limited to the following: using lessons or instruction pages, participating in chat rooms, online forums, bulletin boards, or using email, search engines, subscription services, or other services offered on the Site (the "Services"). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

2. DESCRIPTION OF SERVICES

Elementary Planet provides the elementaryplanet.com World Wide Web site for educational and informational purposes to various markets utilizing separate proprietary online learning environments owned by Elementary Planet.

I) ELEMENTARY

Elementary Planet provides online instruction consisting of online instruction pages, lessons and tests in Math, Reading, Writing, History, Social Studies, Science, Geography, Language Arts and Spelling for students from JK to Grade 8. Students also have access to Elementary Planet’s other Services which consist of a Library, Report Card, Recess, Classroom, Forums and Chat. For a subscription fee based on the number of students enrolled and the period of time of their enrolment Elementary Planet offers you unlimited access to the K-8 online classroom and diagnostics.

You will also receive a username and password: one for a parent/administrator, and one for each of your students. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@linkonlearning.com.

II) SCHOOLS

A. ELEMENTARY SCHOOLS

Elementary Planet provides online instruction consisting of online instruction pages, lessons and tests in Math, Reading, Writing, History, Social Studies, Science, Geography, Language Arts and Spelling for students from JK to Grade 8. Students also have access to Elementary Planet’s other Services which consist of Library, Report Card, Recess, Classroom, Online Forums and Chat. For a subscription fee based on the number of students enrolled and the period of time of their enrolment Elementary Planet offers you unlimited access to the K-8 online classroom and diagnostics.

You will also receive a username and password: one for a parent/administrator, and one for each of your students. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@linkonlearning.com.

3. ACCESS TO ELEMENTARYPLANET.COM

Elementary Planet grants you a limited non-transferable right to access the non-subscription area of elementaryplanet.com at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing elementaryplanet.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing elementaryplanet.com and Elementary Planet shall not be responsible for any of these charges or equipment.

4. SOFTWARE

Any program accessible from elementaryplanet.com or any software available for download from elementaryplanet.com is owned by Elementary Planet or other third party provider, and all copyright rights therein are reserved. You agree that you will not download or copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.

5. CONTENT

You agree to access and use elementaryplanet.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of elementaryplanet.com including any interactive area. By accessing elementaryplanet.com you agree that you will not:
(i) post or use elementaryplanet.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, province, federal or international law or regulation, including, but not limited to, export control laws and regulations;
(ii) post or transmit any unlawful, infringing, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content;
(iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access elementaryplanet.com;
(iv) disrupt the normal flow of communication in any Interactive Area;
(v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users;
(vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights;
(viii) be false, inaccurate or misleading; or
(ix) otherwise create any liability on Elementary Planet’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify Elementary Planet for any knowing or unknowing breach of this paragraph.

6. TERMINATION

The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of Elementary Planet in operating elementaryplanet.com or any content, is for you to discontinue accessing elementaryplanet.com. Elementary Planet in its sole discretion may terminate or temporarily suspend your access to all or any part of elementaryplanet.com without notice, for conduct that Elementary Planet believes is a violation of this Agreement or any policies or guidelines posted by Elementary Planet, or for other conduct, which Elementary Planet believes is harmful to other users. Elementary Planet may discontinue operating elementaryplanet.com and terminate this Agreement without notice at any time for any reason in its sole discretion.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You expressly agree that use of the Site and the Services is at your sole risk. Disclaimer of warranty applies in all provinces, states and jurisdictions in which such terms are valid and enforceable. Elementary Planet is not responsible for any information or content contained within interactive areas and makes no representations about the suitability of the information contained in the interactive areas for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.

You agree that your use of Elementary Planet including any interactive areas is at your own risk, neither Elementary Planet nor its officers, directors, employees, affiliates, or agents warrant that elementaryplanet.com will not be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of elementaryplanet.com or as to the accuracy, reliability, or content of elementaryplanet.com.

Elementaryplanet.com is provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will Elementary Planet or its directors, officers, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages (even if elementaryplanet.com has been advised of the possibility of such damages), arising out of your use of or inability to use elementaryplanet.com including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Elementary Planet records, programs, or services. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces/states Elementary Planet liability is limited to the greatest extent permitted in this section.

Under no circumstances, including, but not limited to, negligence, shall Elementary Planet (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Elementary Planet (any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Elementary Planet (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to Elementary Planet during the twelve (12) months prior to any claim of injury or damage.


No Guarantee of Continuous Operation

Elementary Planet will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of Elementary Planet may interfere with the operation of the Site; and accordingly, Elementary Planet does not guarantee continuous, or uninterrupted access to the Services.


Release from Liability

You agree to release Elementary Planet and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential) resulting from or associated in any way with any user-supplied content or postings.


Right to Independent Action

Elementary Planet reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of Elementary Planet and eliminate or mitigate any potential liability or injury to any party which may arise.


No Waiver

The failure of Elementary Planet to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.


Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elementary Planet as a result of this Agreement or your use of the Site. Elementary Planet’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Elementary Planet’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Elementary Planet with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Elementary Planet with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Elementary Planet with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

8. LINKS

Some links on elementaryplanet.com lead to sites posted by independent site owners. Elementary Planet does not review independent sites or control their content, and merely provides these links to visitors for their convenience. Such sites, materials and resources are not under the control of Elementary Planet and Elementary Planet is not responsible for the contents thereof or any changes or updates thereto and cannot and does not continuously monitor such materials, and makes no representation or warranty as to the appropriateness of any such materials.

These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between elementaryplanet.com and the linked sites. Elementary Planet is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. Elementary Planet shall not be responsible for the actions of the respective owners of these other sites.

For any interested party, Elementary Planet grants the right to create links to elementaryplanet.com and exterior pages of the website, if such link(s) uses Elementary Planet trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.

9. TRADEMARK AND LOGO POLICY

Elementary Planet trademarks and logos are the property of Elementary Planet. License for their use is granted for the sole purpose of promoting elementaryplanet.com and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way Elementary Planet marks. Licensees shall not reproduce, use, or authorize the reproduction or use of Elementary Planet’s marks in any manner other than expressly authorized by Elementary Planet. Elementary Planet marks may not be combined with those of another company. Any use of the Elementary Planet marks that implies a relationship with or endorsement by Elementary Planet is strictly prohibited. Elementary Planet has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of Elementary Planet marks. The following statement must accompany the use of Elementary Planet trademarks and logos: “is a registered trademark or trademark of Elementary Planet.”

10. TRADEMARK NOTICE

Elementary Planet’s trademarks and logos are owned by Elementary Planet. All other trademarks and logos used on elementaryplanet.com are the trademarks and logos of their respective owners.

11. INDEMNITY

You hereby agree to, at your own expense, indemnify, defend and hold Elementary Planet harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following: (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user; (b) any fraud, manipulation, or other breach of this agreement by a user or users; and/or (c) any third-party claim, action or allegation brought against Elementary Planet or related company arising out of or related to the use of elementaryplanet.com. Elementary Planet will have the right to participate in its defence and hire counsel of its choice, at your expense. User will not settle any action or claims on Elementary Planet’s behalf without the prior written consent of Elementary Planet.

12. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Elementary Planet in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

13. GENERAL

By using elementaryplanet.com you agree to the above stated terms of use. This Agreement is entered into in the Province of Ontario and shall be construed in accordance with the laws of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Newmarket in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Elementary Planet prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. Elementary Planet may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

14. SURVIVAL OF TERMINATION

Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement. 
Copyright© 2009 – 2010 Elementary Planet. All Rights Reserved. Terms of Use are strictly enforced.

15. BILLING POLICIES

Elementary Planet will bill your credit card for your monthly, quarterly, or annual subscription depending on the subscription plan you choose. The membership automatically renews unless you cancel.

Your right to use Elementary Planet is subject to Elementary Planet receiving payment. If payment is not received by Elementary Planet for any reason, Elementary Planet reserves the right to suspend or terminate your access.

The Auto Renew Feature is turned on by default. At the end of the initial subscription term, the subscription will be automatically renewed. The renewal charge will be for the same amount as at the time of original purchase.

To Turn Off Auto Renew Feature – After completing payment and adding student information, or at anytime, you have the option to turn off the auto renew feature. You can do this by clicking "Cancel Automatic Renewal," under "My Account". This will prevent the subscription from renewing for another billing period and will result in deactivation of student(s) at the end of the subscription period.

Example: This user has a monthly auto renew plan. The student(s) on this account maintain access until the end of the subscription period (November 13, 2009).

Parent Name: Joe Smith
Subscription Date: January 13, 2009
Auto renew Feature Turned Off: October 21, 2009
Next Subscription Renewal Date: November 13, 2009
Student(s) Deactivation Date: November 13, 2009

Should you fall behind in payment, you are still responsible for missed payments until proper written/email cancellation is received as outlined in this policy.

Cancellation by email to subscription@linkonlearning.com which includes the following information: “Cancel service for (full name of student(s)) at (full address used in account information)”. Alternatively you can call 928-854-7114 or 800-230-1393 USA or 905-895-9493 or 888-215-3909 Canada for assistance; however cancellations must still be done in writing. Cancellations by regular post should be mailed to 1111 Davis Drive, Unit 23, # 426, Newmarket, Ontario L3Y 9E5 and should also include the following information: “Cancel service for (full name of child and parent)”.

16. MINOR’S USE AGREEMENT

As a member of Elementary Planet’s student community, Elementary Planet requires that students who are minors comply with the following rules and safety precautions: 

1. Students will not give out personal information such as their address, telephone number, parents’ work address / telephone number, or the name and location of school without their parents’ permission. 

2. Students agree to tell their parents right away if they come across any information that makes them uncomfortable. 

3. Students agree to not meet in person someone they “meet” online without first obtaining permission from their parents. If parents agree to their children meeting in person an online acquaintance, as a safety precaution, that meeting will occur in a public place, and the mother or father will accompany the student. Elementary Planet does not recommend meeting online acquaintances as it poses potential danger to both minors and adults. 

4. Students will not send their picture or any other thing to someone they meet online without first obtaining permission from their parents. All communication should be performed through secure means. 

5. Students will not respond to any messages that are mean-spirited or make them feel uncomfortable in any way. If they do receive such a message, they will show and/or tell their parents immediately so that they can contact Elementary Planet. 

6. Students will talk with their parents so that appropriate rules for going online can be established. These following rules of going online should be decided together: the time of day that their children can be online; the length of time they can be online; and the areas appropriate for them to visit. A student will not access other online areas or break or bend rules set by their parents without their parents’ permission. 

7. Students will not give out their Internet password to anyone (including their best friend) other than their parents. 

8. Students will be good online citizens and not engage in behaviours or post comments that are mean-spirited or illegal or that can be construed as hurtful or harmful to another.

17. STUDENT’S USE AGREEMENT

1. Students will be guided by the same spirit evident in the Minor’s Use Agreement found above. 

2. Students will not give their Internet password to anyone. 

3. Students will be blameless online citizens and not engage in behaviours or post comments that are demeaning or illegal or that can be construed as hurtful or harmful to another. 

4. Students will not respond to demeaning messages or messages that make them feel uncomfortable in any way. If they receive such messages, they will communicate this with their parent/guardian and contact Elementary Planet.

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