Terms of Use ("Terms")

Last updated: (11/14/2018)

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.learningfarm.com (change this) website and the Learning Farm for School Subscribers mobile application (the "Service") operated by Learning Farm, LLC. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

User Accounts

Before you can use certain parts of the Service, you may be required to register an account through the Learning Farm website. You must be 18 years of age or older, or have the consent of a parent or legal guardian to register for a Learning Farm account. You may, also, add or register additional users to use the Service, who are younger than 18 years old, but only if you are such users' parent or legal guardian, or are an authorized school official. You agree to provide true, accurate, current, and complete information about yourself and the users of the account as prompted by the Learning Farm website's registration form (such information, being the "Registration Data"), and you agree to 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 we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services. You agree that, if you provide any personally identifiable information about a child under age 13 in order to allow them to use the Service, that you are the parent/ legal guardian of such child or are an authorized school official and that you consent to the child's use of the Service and agree to be bound to these Terms with respect to the child's use. You understand that the privacy policy will apply to the child's use of the Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Learning Farm, its users, or the public. Without limiting the foregoing, parents and legal guardians understand that they are responsible for the acts and activities of their minor children in connection with any use of the Programs, and that the privacy policy will apply to their family's use of the foregoing.

Purchases

If you wish to purchase and transmit to Learning Farm a purchase request, you warrant that your use of the particular credit card or other Learning Farm accepted payment method is authorized and that all information that you submit to Learning Farm, or any third party designated by Learning Farm, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur. All fees are quoted and must be paid in U.S Dollars. Any account name, password, or user ID supplied to you in connection with any purchase is personal to you, and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the purchased part of the Service without refund and the imposition of additional charges based on your unauthorized use.

Free Accounts

Learning Farm only allows one free account per school. Sign up for an account is completely free and is limited to school officials at US K-12 schools or districts. The free account allows the school to load up to 100 students for an indefinite amount of time. If you'd like to purchase, pricing starts at 100 students.

Requesting a Free Account. To apply for a free account, teachers or other school educators should visit the "Sign Up and Pricing" page by clicking here). When submitting a request, please include your district related email or any email linked to the organization you're applying for. All requests are processed by the Learning Farm team within one business day of a request being submitted.

Recipient of Free Account. If your request is approved, you will receive an email with your login information and instructions for registering your students. Please check your inbox for a notification email regarding your request, as well as the 'SPAM' or 'Junk' folder.

New Accounts. For a new school account, you will be the administrator.

Existing Accounts. For existing free accounts, you will be added as a teacher and the administrator will be notified. Schools with a paid subscription will have a notification sent to the administrator over the account, informing them of a request to be on the account. No free accounts will be created if a paid account already exists.

Limitations. Schools on a free account are not to exceed the 100 student license allowance. A price quote for the extra licenses will be sent to schools that go over their free 100 licenses. It is the responsibility of the teachers and adminstrator on the account to maintain an up-to-date roster of students registered on Learning Farm.

Extra Student Licenses. If a school decides they need more licenses, you can contact Learning Farm for a quote or the administrator over the account can create one as well. They will need to visit the 'Manage Subscription' page on their account and then select 'Extend Subscription' to create a quote.

Information Access. By signing up for a free account, student information you enter will be accessible by all users who have access to the free school account, past, present, and future. Learning Farm's review process will be rigorous for approving school accounts.

Content

The Service may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "Content"). All Content, whether publicly posted on or privately transmitted via the Service, is the sole responsibility of the person from whom the Content originated and not of Learning Farm, or its shareholders, directors, officers, or employees. Learning Farm may review and delete any Content, in whole or in part, that in the sole judgment of Learning Farm violates these Terms or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Learning Farm or its directors, officers, employees, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Service. It is your responsibility to evaluate the Content available through the Service. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content. DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. Learning Farm likes to hear from you. However, please do not send to Learning Farm any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Learning Farm shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Learning Farm website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy

Any information submitted to the Service is subject to our Privacy Policy, the terms of which are incorporated into these Terms. Our Privacy Policy may be found by clicking Privacy Policy here. Please review our Privacy Policy carefully.

End User Consent. If you are using the Service on behalf of a school, your administrator and teacher accounts may have the ability to access, monitor, use, or disclose data related to your personnel's and students' ("End Users") use of the Service. You will obtain and maintain all required consents from End Users to allow: (i) your access, monitoring, use, and disclosure of this data and our providing you with the ability to do so, and (ii) your End User's use of the Programs.

Student Data Privacy Laws. We will comply with the provisions of student data privacy laws applicable to our provision of the Programs to you under these Terms of Use.

FERPA. For purposes of the provision of the Service, we will be considered a "school official" with "legitimate educational interests" in personally identifiable information from education records regulated by the Family Educational Rights and Privacy Act ("FERPA") and its implementing regulations. We will abide by the limitations and requirements imposed by 34 CFR 99.33(a) on school officials. We will not use or disclose student education records regulated by FERPA without consent of the parent or eligible student, except as necessary to provide the Service or to comply with the law or requests of a governmental or regulatory body (including subpoenas or court orders). We will give you reasonable notice of a request of a governmental or regulatory body to allow you to seek a protective order or other appropriate remedy (except to the extent our compliance with the foregoing would cause us to violate a court order or other legal requirement).

Indemnity

You agree to indemnify and hold Learning Farm or its directors, officers, employees, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Service, or Content, including without limitation these Terms.

Contact Us

If you have any questions about these Terms, please contact us.