Last Updated October 28, 2024
These “Terms and Conditions of Service” apply to all persons (whether natural persons or organizations) who enroll in Elephant Learning’s online Mathematics Academy. These Terms and Conditions of Service may be referred to herein as the “Agreement.” The Mathematics Academy may be referred to herein as the “Application”; it is an online service and application of Elephant Learning, LLC (“Elephant Learning,” “us,” “we,” or “our”). By enrolling as a parent, teacher, school, or district in the Elephant Learning Mathematics Academy, you agree to the following terms and conditions. In addition, all persons who access or use the Elephant Learning website, currently located at https://elephantlearning.com (including any sub-domains, subpages, directories, or mobile versions of the website) (hereinafter the “Site”), are subject to the terms and conditions of Elephant Learning’s Privacy Policy, which is also available on our website. Indeed, the terms and conditions of the Privacy Policy are incorporated herein.
1. Scope and Conditions of License; Agreement to Pay. In exchange for your agreement to enroll in the Mathematics Academy and to pay the requisite fees and charges associated therewith, Elephant Learning grants to you a nontransferable, limited, nonexclusive license to use the Site and Application on any device. The terms and conditions set forth in this Agreement will govern any content, materials, or services provided by Elephant Learning in connection with the Application as well as upgrades provided by Elephant Learning (although this Agreement does not replace or supersede the terms and conditions set forth in the Privacy Policy). You may not transfer, redistribute, or sublicense the Elephant Learning Site or Application. You may not copy or use (except as permitted by the limited license granted herein), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any of foregoing restrictions is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). You acknowledge and agree that the Application is constantly evolving and that Elephant Learning may, at its sole discretion, add, remove, or modify the Application for any reason and at any time, without prior notice. To access the Application, you must purchase a subscription and pay the associated fees. (Subscription options and associated fees are listed on the Site.) A failure to pay constitutes a breach of this Agreement. Subscription fees are non-refundable, except as expressly provided in this Agreement.
2. Consent to Use of Data. You agree that Elephant Learning may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application and Website.
3. Termination. This Agreement will remain in effect until terminated by you or Elephant Learning. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
4. Disclaimer of Warranties; Limitation of Liability. Elephant Learning makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the content of the Site or the Application. All content and materials contained on the Site and the Application are provided “as is,” “with all faults,” and without any express or implied warranty of any kind (except only the specific express guarantee set forth below). 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 or the Application will be uninterrupted, that the content and materials on the Site or the Application will be error-free or free from harmful components, or that any content or information you upload to the Site or the Application 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 using the Application, 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 Application, 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 the greater of $50.00 or the amount you have paid Elephant Learning during the 12-month period immediately preceding the assertion of your claim. 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. To the extent applicable law does not allow the foregoing limitation of liability, it will apply to you to the extent not expressly prohibited by applicable law.
5. Limited Guarantee. Elephant Learning guarantees that a child will learn one year of math in three months if the child uses the Elephant Learning system for an average of at least 30 minutes per week (i.e., ten minutes per day, three days per week). If during the first three months, with an average usage of 30 minutes per week, a child has not increased by one year in “Elephant Age” and mathematical skills, Elephant Learning will offer a full refund (i.e., a refund equal to three months of subscription fees) or, at the parent’s option, will provide the child an additional three-month subscription at no charge. (The parent must elect one of these options, not both.) To request a refund, please contact Elephant Learning support at support@elephantlearning.com or call 888-736-5876. Elephant Learning provides no other refunds. This refund policy is subject to change at any time and without prior notice. The guarantee expressly set forth in this paragraph is the only guarantee offered by Elephant Learning. 6. Compliance with Law. You may not use or otherwise export or re-export the Site or the Application except as expressly authorized by applicable law. In particular, but without limitation, the Website and Application may not be exported or re-exported: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Website and Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
The Elephant Learning Website and Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.You are required to comply with all applicable laws and regulations, and you agree that you are responsible for doing so.
7. 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 Agreement or unauthorized access to or use of the Site or Application.
8. Governing Law and Dispute Resolution. This Agreement 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 Agreement 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.
9. Amendments to this Agreement. We may amend this Agreement at any time, with or without notice, by posting such amendments or changes to the Site. Such amendments will be effective immediately upon posting. You agree that your continued use of the Application after any such amendments are posted to the Site constitutes your consent to any such amendments.
10. Entire Agreement; Miscellaneous. The terms and conditions set forth in this Agreement, including policies and information linked from or incorporated herein by reference, constitute the entire agreement between you and Elephant Learning with respect to the Application and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Application. Notwithstanding the foregoing, however, this Agreement does not replace or supersede Elephant Learning’s Privacy Policy. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, at any time. Our failure to enforce any of the provisions of this Agreement 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 Agreement 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.
Please contact us with any inquiries or concerns at support@elephantlearning.com or write to us at: 1040 S Gaylord St. #38, Denver, Colorado 80209.
