Last Updated March 20, 2023
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND US.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
To access or use our Services, you must agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you via JumpRope or in the user interface for any Services, or simply by using the Services. You must be of legal age and capacity to form a binding contract to accept the Terms. These Terms will remain in effect while you use the Services. If you do not agree and accept these Terms, you may not use the Services and you should immediately cease all use of this Site.
Family Educational Rights & Privacy Act (FERPA)
The Federal Educational Rights and Privacy Act (FERPA) is a U.S. federal law that requires student information to be kept private but made available to parents. The Company provides several security features within the Services to protect the privacy of students' grades and other Personal Information. Each school and district that uses JumpRope as its gradebook is responsible for complying with all legal requirements, including FERPA, and JumpRope is not liable for any noncompliance with such legal requirements by a school or school district. Please see our Privacy Notice for more details.
JumpRope Users. JumpRope, including the Parent and Student Portal, is only available to registered users who are a school administrator, teacher, parent or guardian, or student who set up a user profile on JumpRope (each a “JumpRope User”). When you create a user profile, we will ask you to provide Personal Information as described in our Privacy Notice and to create a password. You represent and warrant that (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information.
Account Security. It is your responsibility to safeguard your account information and password. You are responsible for all activity associated with your account. You agree to notify the Company immediately of any unauthorized use or suspected unauthorized use of your user profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may delete your JumpRope User profile at any time, for any reason, by following the instructions on JumpRope. The Company may suspend or terminate your account at any time or for any reason at our sole discretion.
De-Provisioning. You understand and agree that the Company makes JumpRope available for use by you as a JumpRope User in connection with the use of JumpRope by your school or school district. Each school or school district using JumpRope as its gradebook is required to audit JumpRope User accounts associated with the school or school district and de-provision inactive, expired, or outdated JumpRope User accounts on an at least annual basis. Additionally, the Company reserves the right to disable function or de-provision your JumpRope User account, remove data, or suspend your access to JumpRope for any reason.
Account Termination. Unpaid JumpRope User accounts that are inactive for a continuous period of 120 days will be terminated, and all data associated with such user accounts will be deleted. Account termination may result in destruction of any Content (defined below), files or information associated with the user account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of the Company or its users. If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org—we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
You acknowledge that you have read and consent to Privacy Notice. You may review our Privacy Notice at any time by visiting our Site.
Billing and Payment
If your use of the Services incurs a fee as stated at the time of registration, you agree to pay the costs and fees for all subscriptions or purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the “Fees”). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by the Company after all such taxes are paid are equal to the amounts that the Company would have been entitled to in accordance with these Terms if the taxes did not exist. If any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, the Company reserves the right to either suspend or terminate your access to paid features on the Services. All Fees are in U.S. Dollars. PAID FEES ARE NONREFUNDABLE.
Contents and Ownership
Unless otherwise expressly indicated, the information contained in the Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, icons, designs written information, Reports (defined below), and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) are owned, controlled, or licensed by the Company and its affiliates, or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. The names and logos for JumpRope, and any other entity over which Company has control, are registered marks of the Company. The Company and the other licensors of the marks on the Services reserve all rights with respect to all Contents. The absence of a name or logo on the Services does not constitute a waiver of any intellectual property rights established in any of our Contents. The collection and compilation of the Contents are separately protected and copyrighted works owned exclusively by Company.
No trademark or service mark license is granted in connection with any of the Contents. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage us. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights to or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid.
Your Use of the Services
As a user of our Services, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal use. You may not use the Services for any commercial purpose (other than for transacting business with the Company) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer any portion of the Services (including the Content), or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject a user to legal action.
You may only display, download, and print in hardcopy format the Contents for the purposes of using the Site as an internal or personal resource. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents on this Site, including reproduction for purposes other than as noted above and including any reproduction, modification, distribution, or republication, may violate copyright or trademark laws and is strictly prohibited without the prior written permission of the Company.
By using the Services and their features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our Site and its features does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.
User Content. JumpRope Users and Site visitors may have the opportunity to publish, transmit, submit, or otherwise post comments, photos, reviews, feedback, or other materials on the Site (“User Content”) that may be accessible and viewable by the public or other JumpRope Users. With respect to any User Content posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to post such content, and (b) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies.
User Content must not: (i) misrepresent your identity or affiliation with any person or organization; (ii) seek to collect others’ Personal Information by any means; (iii) seek to transmit chain letters, or bulk or junk email; (iv) relate to contests, sweepstakes, or other sales promotions; (v) include information that may be used to track, contact, or impersonate another; (vi) infringe any intellectual property or other proprietary rights of the Company or any other person; (vii) seek to harm or exploit children; (viii) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (ix) violate the Company’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (x) be otherwise objectionable as determined by the Company at our sole discretion.
You are solely responsible for your User Content and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Content posted via the Services and from any claims related to the conduct of any other users. We reserve the right to monitor, post, remove, modify, or store User Content at our option any time and for any reason without notice. We do not endorse any User Content, and the User Content posted does not reflect our views. We take no responsibility and assume no liability for any User Content that you or a third-party post or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
In consideration for your use of the User Content features, you grant us an irrevocable, worldwide, royalty-free, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Content in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting the Company, our products and our Services. You acknowledge that the Company may modify the User Content for any purpose. However, we have no obligation to use any User Content, and our use of any User Content does not create or imply any endorsement of or affiliation with you.
Responsibility for End Users. If you are a school or school district, you agree to: (a) be responsible for compliance with these Terms by all of your employees, contractors, agents, parents, students, and other end users accessing or using the Services by, through or in connection with your contract to use the Services for your school or school district (collectively, the “End Users”); (b) ensure that each End User agrees to our Privacy Notice and these Terms and consents to the collection and processing of the End User’s Personal Information via the Services prior to such End User accessing the Services; (c) be responsible for the accuracy and lawful collection and use of any data, including Personal Information of End Users or other individuals, that is provided to us or input to the Services by you and all of your End Users; (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify us promptly of any unauthorized access or use; and (e) use, and ensure that your End Users use, the Services only in accordance with these Terms and all applicable law. Any use of the Services in violation of the foregoing by you or your End Users that in our sole judgment threatens the security, integrity, or availability of the Services may result in immediate suspension of access to the Services.
Prohibited Uses. Our goal is to create a positive, useful, and safe user experience. You are responsible for your use of the Services, and for any use of the Services made using your account. You are strictly prohibited from using the Services: (a) in a manner that violates these Terms or any applicable law, rule or regulation, including without limitation FERPA, the U.S. CAN-SPAM Act, or the Children’s Online Privacy Protection Act, each as amended from time to time; (b) to promote any goods or services or send communications that are illegal in the place offered to consumers; (c) to defraud, deceive or mislead anyone; (d) for any purpose that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as determined by the Company; (e) to copy, reuse, or store confidential Content or data; or (f) in a manner that jeopardizes the security of our Services or violates the security of any computer network.
Support. The Company may provide technical support, upgrades, or modifications of the Services in our sole discretion. The Company may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. The Company may release new versions of the Services and require you to use the new version of the Services. If you use a new version, you will be deemed to accept all modifications of the Services. The Company may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.
The Company may, from time to time, deidentify the Personal Information (“Deidentified Information”) that we collect directly from a JumpRope User or from a school or school district and combine it with others’ Deidentified Information in order to generate reports and studies. The Company uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of the Company. You hereby assign any rights you may have to such reports and studies and your Deidentified Information contained therein to the Company in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. The Company shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, the Company may use any ideas, concepts, know-how, or techniques contained in generating repots or studies for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.
You are strictly prohibited from violating or trying to violate the Company security features, such as by: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted via the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site or other Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Links to Other Online Services
Links to other online services from the Services are provided solely for your convenience. The Company is not responsible for the content of any other online services, nor do we make any representations about the content or accuracy of material on any other online services. Inclusion of any links on our Services does not imply our approval or endorsement of the other online services. Please be aware that when you click on links that take you to third-party websites, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding other online services should be directed to that service’s owner or operator.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY THE COMPANY REFLECTING THE CREATION OF SUCH WARRANTY.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF OUR SERVICES IN VIOLATION OF OUR TERMS, (B) YOUR BREACH OF OUR TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE – FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO US FOR SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without prior written consent from the Company. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing Law and Venue
The Company controls and operates the Services from its offices within the United States. Claims relating to, including the use of the Services and the materials contained herein are governed by the laws of the United States and the State of Oregon, without regard to its conflicts of laws rules. If you choose to access the Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. The state and federal courts located nearest to Washington County, Oregon, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.
Class Action Waiver
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST THE COMPANY RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST THE COMPANY OTHERWISE COMMENCED.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. You agree that any dispute, controversy or claim between you and the Company arising out of or relating to: (a) these Terms, or the breach thereof; (b) our provision of the Services to you; (c) your access to or use of the Services; or (d) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
The parties agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Portland, Oregon, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or the Company may assert claims, if they qualify, in small claims court in Portland, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. The Company will provide such notice by email to your email address on file with us, and you must provide such notice by email to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Consent to Do Business Online
By accessing the Site, registering as a JumpRope User, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (a) the Company communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from the Company electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Federal law treats electronic signatures as having the same legal force and effect as if signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at firstname.lastname@example.org. Agreements and transactions executed prior to this request will remain valid and enforceable.
Geographic Restrictions. The Company is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
Assignment. Except as otherwise agreed between the parties in writing, you may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but the Company may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.
Entire Agreement. Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between us and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services.
Enforcement. The Company reserves the right (but is not required) to remove or disable your access to our Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
Waiver; Severability. The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email to your email or mailing address on your account or by posting to the Services. Notices from you to the Company will be given via email to email@example.com or to the mailing address posted on the Site. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to modify these Terms at any time by updating this posting without notice. All changes are effective immediately when posted and apply to all access to, and use of, the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.