Terms of Service
Last Updated: February 22nd, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. ACCEPTANCE OF TERMS OF SERVICE
Learn Abacus Online ("Learn Abacus Online," "we," "our," or "us"), is a service (the "Service") developed by Abacus Brain Gym, LLC, a Texas corporation (the "Company"), for teaching and learning abacus math. The application supplies users with a platform for consuming educational content, practicing abacus math, and for supporting interaction between students ("Student User"), teachers, and administrators ("Educator User") in an education setting. By using the Service, you signify your consent to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Service. Learn Abacus Online reserves the right to update and change the Terms of Service from time to time without notice and each revision will be effective when it is posted on the Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
2. USER ELIGIBILITY
Learn Abacus Online is a platform for all levels of students and their educators. Accordingly, we are subject to the Children's Online Privacy and Protection Act ("COPPA"). Registration data and other information about the Student User are subject to our Privacy Policy.
If you are a student under 13, please do not send any personal information about yourself to us if we have not obtained prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Service.
If we learn we have collected personal information from a student under 13 without the proper consent being obtained by his or her parent or guardian, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].
3. ACCOUNT REGISTRATION OBLIGATIONS
In consideration for your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself 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 Learn Abacus Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Learn Abacus Online 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).
You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Learn Abacus Online immediately if you believe your username, password, or other identifying information has been lost, stolen, or otherwise compromised. You will be held responsible for any activity that occurs under your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.
As a Learn Abacus Online user, you understand that a computer, tablet, or mobile device with an up-to-date web browser and reliable, high-speed internet is required for use of the Service.
4. BILLING, PAYMENTS, CANCELATION, AND REFUNDS TERMS
a. Billing
By completing the registration, you are expressly agreeing that Learn Abacus Online is authorized to automatically charge you the Service fee. This could include, but is not limited to, a recurring membership fee depending on your selected membership plan. You further agree that each billing cycle, Learn Abacus Online is authorized to automatically charge you the membership fee associated with the membership plan you chose during registration.
Price and charges are subject to change with notice and will be effective the next billing period. Each billing cycle you will be charged the then-current rate to the Payment Method you provided during registration (or to a different Payment Method you provide us if you change your account information). As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of your selected billing cycle for your student's membership plan, and will continue to bill every billing cycle thereafter unless and until you cancel your membership. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable, and there are no refunds or credits for partially used periods. Payments through third-party companies such as Affirm and PayPal Credit are absolutely nonrefundable, as your agreement is set directly with the chosen third-party financial company. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may reach out to us to update your Payment Method at [email protected]. If your Payment Method reaches its expiration date and you do not notify us to change your Payment Method information or cancel your account (see, "Cancelation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Learn Abacus Online tutoring sessions are non-refundable.
b. Ongoing Membership
Your Learn Abacus Online membership will continue in effect unless and until you cancel your membership or we terminate it. When canceling your membership, you must provide a minimum of a 30-day notice. 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 change your account information). Membership fees are fully earned upon payment.
c. Cancelation
Subscription Cancelations: Monthly Billing
Your cancelation is effective 30 days from the date you send the cancelation request. You will have one final payment during this period, at which you will be charged a prorated fee for the period from your monthly billing date to the last day of service. You will continue to have full access to the program until the 30-day period ends.
Subscription Cancelations: Semi-annual or Annual Billing
You may cancel your membership with no additional fees as long as you send a cancellation request before the calendar date of the start of your next billing cycle. You will continue to have full access to the program until said date. Recurring Semi-annual or Annual payments are nonrefundable, and there are no refunds or credits for partially used membership periods.
d. Refunds
Our Clear Action-Based Satisfaction Guarantee on our Learn Abacus Online Program
At Abacus Brain Gym and Learn Abacus Online, we stand behind the ability of our training to get you results when you spend the time studying and implementing what you learn. Because of this we simply ask that you give the program a fair attempt.
In order to qualify for our guarantee you must simply do the following while taking our program.
1. Attend at least 80% of classes for the semester. (This condition does not apply for students who take the self-guided program without a teacher)
2. Make an honest attempt at practicing the homework and completing the required quizzes in our software. This means you put effort throughout the semester and completed at least 80% of our required homework quizzes in the first level (Grade 10).
An example of an “honest” attempt would be applying time and effort over a 6 month period and participating in the training.
A dishonest attempt would be waiting until the last month and aimlessly attempting to complete the software lessons.
We are extremely lenient on this and as long as you put in some sort of genuine effort we are more than happy to issue your refund if you are not satisfied and do not see results.
We have this guarantee to protect the value of our information and curriculum.
It’s our responsibility to teach you and your child to the best of our efforts.
It is your responsibility to make sure your child attends the classes or studies the lesson videos and practices the homework.
If you do not get results after learning and practicing with the material our program delivers, then it is our fault and we will happily refund you instantly.
If you do not apply the training or have the discipline to keep up with the homework and practice, it is, unfortunately, your fault.
As long as you intend to use this program and do the bare minimum above you have very little risk.
To claim your refund you must also terminate your access to your Account and return all properties of Abacus Brain Gym LLC to the vendor. This includes your account and access to our courses and our software.
Our Registration Fee is NON-REFUNDABLE. The maximum value our satisfaction guarantee covers, or in other words, the maximum amount refundable is the charge for a one semester (6 months) membership minus the registration fee.
5. Intellectual Property Rights
We own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Learn Abacus Online and Abacus Brain Gym, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of Learn Abacus Online without express written consent. You may not use any meta tags or any other "hidden text" utilizing Learn Abacus Online or Abacus Brain Gym's name or trademarks without the express written consent of Abacus Brain Gym. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of the Service, or any portion thereof, or use of the Service for any other purpose constitutes an infringement of trademark or other proprietary rights of Learn Abacus Online and Abacus Brain Gym, and any unauthorized use terminates the permission to use the Service granted by Learn Abacus Online.
The marks appearing on this Service, including but not limited to Learn Abacus Online and Abacus Brain Gym and any respective logos, emblems, slogans and designs, are trademarks of Abacus Brain Gym. All other marks used on this Service are the property of their respective owners.
6. DATA PROTECTION AND PRIVACY POLICY
All personal data entered into this website will be treated as confidential and will be dealt with in accordance with General Data Protection Regulation (GDPR). Registration data and certain other information about you and the Student User are subject to our Privacy Policy.
7. GENERAL INFORMATION
Linking to Third Party Websites
For your convenience, the Service may provide links to third-party websites, including our Payment Processor. Unless expressly stated otherwise, Learn Abacus Online does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Learn Abacus Online will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
Indemnification
You agree to indemnify and hold Learn Abacus Online, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer & Limitation of Liability
THE SERVICE IS PROVIDED BY LEARN ABACUS ONLINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEARN ABACUS ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LEARN ABACUS ONLINE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LEARN ABACUS ONLINE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LEARN ABACUS ONLINE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): LEARN ABACUS ONLINE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE.
While we strive to protect your information in accordance with our Privacy Policy, Learn Abacus Online cannot be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Learn Abacus Online’s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.
Termination
Learn Abacus Online may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by Learn Abacus Online, your sole remedy is to terminate your use of the Service.
Jurisdiction & Severability
Learn Abacus Online operates the Service from its offices within the United States. Learn Abacus Online makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Learn Abacus Online’s prior written consent. Learn Abacus Online may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of the state of Texas. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the state of Texas. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Learn Abacus Online concerning your use of the Service.
8. HOW TO CONTACT US
Should you have any questions or complaints regarding violations of these Terms, please contact us at: [email protected]
