Last updated October 25, 2024
Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate, and make use of personal information. The following outlines our privacy policy and terms of use (“Privacy Policy”).The Elephant Learning website, currently located at https://elephantlearning.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Elephant Learning mobile applications and online services (collectively the “Site”) are made available to you by Elephant Learning, LLC (“Elephant Learning,” “us,” “we,” or “our”).Your access and use of the Site, is subject to the terms and conditions contained in this Privacy Policy. By accessing or otherwise using the Site, you (“visitor,” “you,” or “your”) agree to be bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SITE. We may revise the Privacy Policy from time to time with notice to you by email or by posting such revised Terms to the Site. Your continued use of the Site will confirm your acceptance of the revised Privacy Policy. We encourage you to frequently review the Privacy Policy to ensure you understand the terms and conditions that apply to your use of the Site.When accessing the Site, Elephant Learning, LLC will learn certain information about you during your visit.
Similar to other commercial websites, our Site utilizes a standard technology called "cookies" (see explanation below) and server logs to collect information about how our Site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone. This also applies when you register on our Site, sign up through any of our forms using your email address, or make a purchase on our Site. For further information see the email policies below.
BroBroadly speaking, we use personal information for purposes of administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.
Elephant Learning will not obtain personally-identifying information about you when you visit our Site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.We may sell, transfer, or otherwise disclose some or all of our assets, including any information we collect from you, in connection with a merger, acquisition, reorganization, change in control, or sale of assets or in the event of bankruptcy.We may disclose the information we collect with our subsidiaries and affiliates for operational, marketing, and promotional purposes.We may disclose your information to our service providers that support various aspects of our business operations (e.g., web hosting, storage, shipping, fulfillment, mobile marketing, analytics providers, call center service providers, and payment processors).
We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law.
We will use your email address solely to provide timely information about Elephant Learning.
We will maintain the information you send via email in accordance with applicable federal law.
CAN-SPAM Compliance
In compliance with the CAN-SPAM Act, all email sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us.
Opt-Out
Our site provides users the opportunity to opt out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by clicking on the unsubscribe link in the email.
AlThe materials contained in this Site are protected by applicable copyright and trademark law. All copyrights, trademarks, patents and other intellectual property rights in and on the Site and all content and software located on the Site shall remain the sole property of Elephant Learning or its licensors. The use of our trademarks, content, and intellectual property is forbidden without the express written consent from Elephant Learning.
You must not:
You agree to use our Site only for lawful purposes, and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Site.
You must not use our Site to send unsolicited commercial communications. You must not use the content on our Site for any marketing-related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our Site and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this Site are actually received via text, audio, or video submission. They are individual experiences, reflecting real life experiences of those who have used our products or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products or services.
The testimonials displayed in any form on this Site (text, audio, video, or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
Elephant Learning is not responsible for any of the opinions or comments posted on the Site. Elephant Learning is not a forum for testimonials; we provide testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of Elephant Learning. Elephant Learning does not share the opinions, views, or commentary of any testimonials on the Site—the opinions are strictly the views of the testimonial source.
The testimonials are never intended to make claims that our products or services can be used to diagnose, treat, cure, mitigate, or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit card information and other sensitive information is never transmitted via email.
Elephant Learning may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our Site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For Site-security purposes and to ensure that this service remains available to all users, Elephant Learning uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Securing Your Personal Information
Elephant Learning endeavors to safeguard your personal information to ensure that such personal information is protected from disclosure (except as authorized in this Privacy Policy), loss, theft, and unauthorized access. However, no e-commerce solution, website, mobile application, database, or system is completely secure or “hack proof.” You are responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
Changes to the Site and Termination
Elephant Learning has the right, in its sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of the Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend, or terminate your use of the Site or access to the Site (or both), at any time, and for any reason, without notice or liability to you.
Purchasing Services from the Site
All purchases of products and services from the Site, including without limitation enrollment in Elephant Learning’s online mathematics academy, are subject to Elephant Learning’s Terms and Conditions of Service, which are available on the Site.
Elephant Learning makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the content contain on the Site or any sites linked to this Site.
All content and materials on this Site are provided “as is,” “with all faults,” and without any express or implied warranty of any kind. To the fullest extent permitted by applicable law, we make no (and specifically disclaim) representations or warranties of any kind, whether statutory, express, or implied, including without limitation warranties of merchantability; warranties of fitness for any particular purpose; warranties of noninfringement of intellectual property; any representation or warranty that access to the Site will be uninterrupted, that the content and materials on the Site will be error-free or free from harmful components, or that any content or information you upload to the Site will be secure or not otherwise lost or damaged; and any warranty arising out of any course of performance, course of dealing, or usage of trade. To the extent applicable law does not allow the foregoing disclaimer of warranties, the disclaimer will apply to you to the extent not expressly prohibited by applicable law.You agree that by accessing the Site and by using and relying on the Site, you are doing so at your own and sole risk. To the fullest extent permitted by applicable law, in no event shall Elephant Learning, its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, and licensors be liable for any damages whatsoever (including, without limitation, punitive or exemplary damages, compensatory damages, consequential damages, special damages, incidental damages, and damages for loss of profits or revenue, business interruption, loss of information, loss of goodwill, injury, or death), however caused, under any theory of liability, including without limitation contract, tort, warranty, negligence, statutory, or otherwise, arising out of or relating to the use of or inability to use the content or materials on the Site, even if Elephant Learning has been advised in advance of the possibility of such loss or damages. Notwithstanding anything to the contrary contained herein, Elephant Learning’s maximum aggregate liability and that of its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, or licensors, to you for any cause of action whatsoever and regardless of the form of the action will be limited to $50.00. This limitation of liability will apply regardless of a failure of the essential purpose of any other remedy. The parties agree that the above provisions relating to limitation of liability fairly allocate the risk between the parties, without which they would not have entered into these terms.
Indemnification
You agree to indemnify and hold harmless Elephant Learning, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses, and reasonable attorney fees) due to or arising out of your actual or alleged breach of this Privacy Policy or unauthorized access to or use of the Site.
Governing Law and Dispute Resolution
This Privacy Policy shall be governed by and interpreted in accordance with the laws of Colorado, without regard to its principles regarding conflicts of law or your state or country of residence. You and Elephant Learning agree that all claims, legal proceedings, or litigation arising out of or in connection with your use of or access to the Site or arising out of or in connection with this Privacy Policy will be brought solely before a court located within the City and County of Denver, Colorado. You and Elephant Learning hereby irrevocably submit to, and waive any objection to, the jurisdiction of such court.
We reserve the right to amend this Privacy Policy at any time with or without notice. However, please be assured that if the Privacy Policy changes in the future, we will not use or disclose the personal information you have submitted to us under this version of the Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Regarding Your Information
If you would like to know what personal information Elephant Learning has collected about you, you may make such a request in writing by emailing Elephant Learning at support@elephantlearning.com. If you would like to request that Elephant Learning correct any personal information that Elephant Learning has collected about you, you may make such a request in writing by emailing Elephant Learning at support@elephantlearning.com. If you would like to request that Elephant Learning delete any personal information that Elephant Learning has collected about you, you may make such a request in writing by emailing Elephant Learning at support@elephantlearning.com.Each such request requires the that you provide your name, postal address, and email address.
Entire Agreement
The terms and conditions set forth in this Privacy Policy, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Elephant Learning with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Privacy Policy, in whole or in part, at any time. Our failure to enforce any of the provisions of the Privacy Policy or to exercise any rights or remedies under the same will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right, or remedy in that or any other instance. If any provision of this Privacy Policy is held to be invalid, illegal, or unenforceable, all remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
If you have any questions regarding this policy, or your dealings with our website, please contact us using the Chat widget in the bottom-right corner of the screen. Alternatively, you may reach us by email at support@elephantlearning.com or write to us at:
Elephant Learning, LLC
1040 S Gaylord St. #38
Denver, Colorado 80209
