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Uzinggo Terms of Use

Uzinggo™ is brought to you ("you") by Sebit, Adaptive Curriculum and its parent companies and/or affiliates ("Sebit", "us", "we" or "our"). Sebit encompasses all Adaptive Curriculum business lines.

Your use of Uzinggo is subject to these Terms of Use (including the Privacy Policy). By using Uzinggo, you agree to these Terms of Use. We may add to, change, update or modify these Terms of Use from time to time through an updated posting to the Terms of Use, and therefore you should check the Terms of Use periodically. Any such change, update or modification will be effective immediately upon posting and your continued use of Uzinggo following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions. These Terms of Use govern current features and materials available on Uzinggo as well as any new features or materials that Sebit may add to Uzinggo after your acceptance of these Terms of Use.

Although Sebit has developed Uzinggo and other of its products for use, in part, by minors, Sebit sells such products to adults who can enter into legally binding agreements and authorize credit card transactions to pay for such products. Accordingly, if you are under the age of eighteen (18), you may use Uzinggo only with the authorization and supervision of a parent or legal guardian who must register you as a user of Uzinggo. At the time of registration, your parent will agree to be responsible for your compliance with these Terms of Use. Accordingly, if you are under the age of eighteen (18), references to "you", "your" and the like in these Terms of Use or the Privacy Policy refer to you and your parent.

It is important to us that Uzinggo provides a helpful and reliable experience to all users. To protect our rights and yours, we have prepared these Terms of Use that apply to all users. If you have any questions concerning the Terms of Use, please contact

BY USING OR DOWNLOADING INFORMATION FROM UZINGGO, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY GOVERNING UZINGGO, YOU SHOULD NOT USE UZINGGO. YOU AGREE TO USE UZINGGO IN A MANNER CONSISTENT WITH ALL APPLICABLE U.S. AND INTERNATIONAL LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy Policy

Sebit is concerned about the safety and privacy of all users, particularly children. Please read our Privacy Policy, which is an important part of these Terms of Use.

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE AND OUR PRIVACY POLICY WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

License and Limitations

Subject to payment of all amounts owed to Sebit hereunder and to these Terms of Use, you are granted a personal, non-exclusive, non-assignable, non-transferable and revocable license to access and use Uzinggo for personal and non-commercial use only. For the avoidance of doubt, professional educators or tutors may use Uzinggo in connection with the commercial educational services they provide to their students so long as each such student is registered in compliance with these Terms of Use (including the Privacy Policy), obtains personal login credentials, pays (or has paid on his or her behalf) the license fees set forth below, and does not use Uzinggo for commercial purposes.

You may not modify any materials on Uzinggo or use such materials for any purpose other than as permitted in these Terms of Use. You agree not to duplicate, publish, modify, reproduce, copy, sell, resell, commercially exploit or otherwise distribute the materials on Uzinggo unless specifically authorized in writing by Sebit. You agree not to permit others to use your login credentials (e.g., your username and password) to access and use Uzinggo.

You are personally responsible to maintain the confidentiality of your login credentials. You also agree to be responsible for all activities that occur under your login credentials. You must immediately notify Sebit of any unauthorized use of your login credentials or any other breach of security.

You agree not to reverse engineer the source code or other technology which underlies Uzinggo or to use your access to Uzinggo to develop a competing service. You agree not to mine, frame, scrape or use other data gathering tools to extract any of the materials or other information on Uzinggo.

You may print materials on Uzinggo for your own personal use and convenience, and at your own expense, provided that you do not distribute such materials to others or permit others to use such materials.

License Fees

Licenses may be purchased on a monthly or annual basis at rates offered by Sebit at the time of purchase. If you elect to purchase a monthly license, you are required to maintain that license for a minimum of six (6) months. All licenses fees must be paid in advance of the applicable period to which they apply.

License fees must be paid by credit card, PayPal or other payment method offered by Sebit from time to time. You agree to provide Authorize.Net, our third-party payment processor, with the information Sebit requires to process your license fees, which may include a valid credit card number, PayPal account number, and/or billing address. You agree that Authorize.Net may retain your payment information to process future payments. You hereby agree that Authorize.Net will process your licensee fees on the first day of the applicable license period or promptly thereafter. If you elect to purchase a monthly license and order Uzinggo through Amazon.com or a similar eCommerce site that does not include the functionality to establish a recurring payment for Uzinggo, you agree to provide Authorize.Net, during the registration process, any additional information required to process the monthly license fees, which may include a valid credit card number, PayPal account number and/or billing address.

Unless otherwise agreed to by Sebit, license fees are nonrefundable.

Postings To the extent that certain areas of Uzinggo provide users an opportunity to post messages or other information (collectively, "Postings"), BE ADVISED THAT SEBIT HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON UZINGGO, and Postings do not necessarily reflect the views of Sebit. To the fullest extent permitted by applicable laws, Sebit shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on Uzinggo. The Postings may be accessible and viewable to other users of Uzinggo. Sebit reserves the right to monitor all Postings and to remove anything which it considers in its sole and absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You hereby authorize Sebit to use all or part of your Postings in any manner, format, or medium that Sebit sees fit. You shall have no claim or other recourse against Sebit for infringement of any proprietary right in Postings. In addition, you acknowledge that Sebit may use any information in Postings to improve the functionality of features of Uzinggo or other Sebit products, or to develop new products, and you hereby assign any and all such rights you may have in such Postings to Uzinggo. Should applicable law prohibit you from agreeing that all Postings are the property of Sebit, you hereby grant Sebit a non-exclusive, royalty-free, fully paid-up, sublicensable, freely transferable worldwide license to use, publish, reproduce, distribute, copy, adapt, create derivative works of and display, in whole or in part, your Postings. Sebit shall not be responsible for anything that other users of Uzinggo do with your Postings.

Submissions

Sebit always welcomes suggestions, comments or ideas (collectively, "Submissions") regarding Uzinggo from you and may provide a formal feedback mechanism on Uzinggo to facilitate Submissions. Any Submissions to Uzinggo or Sebit, either online or offline, will become Sebit's property upon their submission and may be viewable be other Uzinggo users in the same or similar manner as Postings. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Sebit might seem to you to be similar to your Submissions. You agree that Sebit may use any of your Submissions to improve or modify Uzinggo or other Sebit products, or to develop new products, without any payment or liability to you. Should applicable law prohibit you from agreeing that all Submissions are the property of Sebit, you hereby grant Sebit a non-exclusive, royalty-free, fully paid-up, sublicensable, freely transferable worldwide license to use, publish, reproduce, distribute, copy, adapt, create derivative works of and display, in whole or in part, your Submissions.

Spam Policy

In order to maintain the integrity of Uzinggo, you are not to use Uzinggo to post or send (a) messages which are unrelated to a particular forum, message board or other means of communication facilitated by Uzinggo (b) commercial email or electronic messages, (c) unsolicited bulk email or electronic messages, (d) mass email or electronic messages, (e) junk email or electronic messages, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or which have not been sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of abuse which may also qualify as Spam include, but are not limited to, (i) using "bots" or otherwise harvesting other users' information, including email addresses, and (ii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. You agree not to engage in any activity that qualifies as Spam or that is akin to it.

In addition, Postings or other electronic messages sent or caused to be sent using Uzinggo may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

Unlawful Use

As a condition of your use of Uzinggo, you warrant to Sebit that you will not use Uzinggo for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use Uzinggo in any manner that could damage, disable, overburden, or impair Uzinggo, or interfere with any other party's use and enjoyment of Uzinggo. You agree not to obtain or attempt to obtain through Uzinggo, any materials or information not intentionally made available to you through Uzinggo.

Termination

If you do not comply with these Terms of Use, Sebit may terminate your license to use Uzinggo without notice and revoke your access to Uzinggo. Sebit will not be obligated to refund any license fees if it terminates your license due to your noncompliance with these Terms of Use.

You may terminate your license to use Uzinggo at any time and in your sole discretion, provided that, if you purchased a monthly license, you must continue to pay the license fee until you have paid for a minimum of six (6) months as specified above. Sebit has no obligation to refund your license fees upon your termination of the license. Your Postings or Submissions will remain on Uzinggo and you may need to contact Sebit directly to request editing or removal of such matter from Uzinggo.

Sebit reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Uzinggo, or any part thereof, with or without notice. You agree that Sebit will not be liable to you or any third party for any modification, suspension, or discontinuation of Uzinggo, or any part thereof, except that, if Sebit discontinues Uzinggo, Sebit will reimburse you for the pro rated amount of any license fees you have paid in advance, determined on a per diem basis.

Links to Other Sites

Uzinggo may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that Sebit is not responsible or liable for the content, products or performance of such third party websites and resources, and you hereby irrevocably waive any claim against Sebit with respect to such websites and resources. Sebit reserves the right to terminate any link at any time without notice. The inclusion of a link to a third-party website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Sebit of that website or resource, or any products or services provided therein. Your use of such websites and resources, as well as the information practices of such websites and resources, is not covered by Uzinggo's Terms of Use or Privacy Policy or any other policies or terms applicable to Sebit. We recommend that you review any terms of use and privacy policy of any linked third party website or resource before providing any information to that website or resource or using its products and services.

Uzinggo may also provide links to websites or resources brought to you by Sebit, its parent companies or affiliates. The privacy policy and terms of use of other Sebit sites may vary from Uzinggo. We recommend that you review the privacy policies, terms of use and other policies or terms that may apply to other Sebit websites or resources if you should choose to use such websites or resources.

Copyright and Trademark Notices

Sebit uses Uzinggo as a trademark to identify the services associated with Uzinggo. You agree not to display, disparage, dilute, or taint Uzinggo or use any confusing similar marks or use Uzinggo in such a way that would misrepresent the ownership of Uzinggo. Any permitted use of Uzinggo by you shall be to the benefit of Sebit and, unless otherwise permitted by applicable law, shall require Sebit's prior written consent.

The entire content of Uzinggo and any supporting software are the proprietary property of Sebit and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of Uzinggo without the express written consent of Sebit and/or its licensors is strictly prohibited.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF UZINGGO IS AT YOUR OWN RISK. UZINGGO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) SEBIT MAKES NO WARRANTY THAT (i) UZINGGO WILL MEET YOUR REQUIREMENTS, (ii) UZINGGO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF UZINGGO WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH UZINGGO WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS OR DEFECTS IN UZINGGO WILL BE CORRECTED.

(c) SEBIT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON UZINGGO. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

(d) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM UZINGGO IS DONE AT YOUR OWN DISCRETION AND RISK; SEBIT SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF UZINGGO, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF UZINGGO.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEBIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA THROUGH USE OF UZINGGO, (ii) THE USE OR THE INABILITY TO USE UZINGGO; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE UNAVAILABILITY OF, OR DEFECTS IN, ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM UZINGGO; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON UZINGGO; OR (vi) ANY OTHER MATTER RELATING TO UZINGGO.

IN NO EVENT SHALL SEBIT'S MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF UZINGGO EXCEED THE AMOUNT ACTUALLY PAID TO SEBIT HEREUNDER. IF APPLICABLE LAW PROHIBITS THE FOREGOING LIMITATION OF LIABILITY, SEBIT'S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold Sebit and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Uzinggo, your connection to Uzinggo, your violation of these Terms of Use, or your violation of any rights of another Uzinggo user. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Injunctive Relief

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information or materials obtained through Uzinggo, which is in addition to any other remedies available at law or in equity.

Assignability

We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.

Relationship

These Terms of Use do not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

General Information; Governing Law

The Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Sebit, govern your use of Uzinggo, and supersede any prior agreements between you and Sebit concerning Uzinggo. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and Sebit will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Sebit agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Maricopa, State of Arizona. The failure of Sebit to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, shall enforce the provision to the fullest extent permitted by applicable law, and the other provisions of these Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Uzinggo or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please contact us to report any violations of the Terms of Use.