2Sigma School Terms of Service
Updated December 04, 2020
Welcome, and thank you for your interest in 2Sigma School, Inc. The following Terms of Service (the “Terms of Service”) are a legal contract between you, a student user, a parent or legal guardian, an instructor, or user (collectively, “you” or “your”) and 2Sigma School regarding your use of the service (the “Service”) via our website located at https://2sigma.school. Throughout the Terms of Service, 2Sigma School may be referred to as “2Sigma School”, “Company”, “we”, “us”, or “our”.
By accessing or using the Service, you signify your agreement to the Terms of Service. If you do not agree to the Terms of Service, you may not access or use the Service. If you are not of legal age to form a binding contract, then your parent or guardian must read these terms and agree to them. If you are a parent or legal guardian and you provide consent for your child to register for the Service, you agree to be bound by these Terms of Service in respect to your or your child’s use of the service.
ACCESS TO THE SERVICE
The 2sigma.school website and domain name and all other websites and domain names affiliated with Company, including any linked pages, content, or applications offered from time to time by Company (collectively, the “Service”) are owned and operated by 2Sigma School.
The Service allows you to learn a range of subjects, such as Mathematics, Science, and Language Arts online. Users work with other student users and instructors via video conference and other online education software tools.
RULES OF CONDUCT
The Service is not available to (i) any users previously suspended or barred from the Service by 2Sigma School or (ii) any persons under the age of eighteen (18) years old whose usage of the Service has not been approved by a parent or legal guardian.
By clicking the “I Agree” button or by otherwise using or registering for the Service, you represent (a) that you have not been previously suspended or barred from the Service; (b) that you are either (i) at least 18 years old or (ii) your parent or legal guardian has consented to your use of the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
As a user of the Service, you will create a personalized account (an “Account”) which includes a unique username and a password to access the Service and to receive messages from 2Sigma School. You agree to notify us immediately if you become aware of any unauthorized use of your Account. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account.
The Service may contain features that allow you to post or provide content, text, videos and other material (“User Content”). You retain the right to your User Content. However, you grant to 2Sigma School the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, and make derivative works of the User Content, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created.
ACCEPTABLE USE POLICY
You agree not to use the Service in any way, provide User Content or engage in any conduct that:
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content or terminate access to any user of the Service that violates these Terms of Service, including without limitation this Acceptable Use Policy.
The Service also allows us to record online live classes in which students and teachers may participate (“Recordings”). We will use the Recordings for assuring quality, training teachers, and inferring quality of student engagement and for other research and analytical purposes. We will use reasonable efforts to restrict access to the Recordings to those students and contractors who have a need to know and are obligated to maintain the confidentiality of the Recordings. By using the Service, you consent to to us recording you and your participation in the sessions for these purposes.
Tuition for the Service is specified here: https://2sigma.school/#pricing and is subject to change. Each user must complete the enrollment form for the Service, which may be completed online or by telephone interview with a Service representative. Tuition is billed on a monthly basis, unless otherwise agreed at enrollment, based on the particular tuition plan chosen by you. We may terminate your use of the Service if the tuition is not paid in a timely manner.
ONLINE CONTENT DISCLAIMER
Though 2Sigma School strives to enforce these Terms of Service for all users, you may nonetheless be exposed to User Content that is inaccurate or objectionable. We may, but have no obligation to, monitor the materials posted in the public areas of the Service and to limit or deny a user’s access to the Service, notify law enforcement, or take other applicable action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or is, as determined in our sole discretion, unlawful, offensive, abusive, harmful, or malicious. To the extent the Service offers a feature to communicate with other users, messages sent between users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law, but may otherwise be accessed, viewed, copied, stored, forwarded, and displayed by us as may be reasonably necessary to enforce these Terms of Service or in compliance with applicable law. Unauthorized use of the Service may result in criminal and/or civil prosecution under federal, state and local law or applicable regulations. If you become aware of misuse of our Service, please contact us at email@example.com.
THIRD PARTY WEBSITES
The Service may contain links to third-party websites (“Third-Party Sites”), applications, software, content, or other materials not owned or controlled by us (the “Third-Party Content”). When you access third party websites, you do so at your own risk. These links are provided as a courtesy to users of the Service. We have no control over, and assume no responsibility for, the content, accuracy, policies, appropriateness, or practices of or opinions expressed in any Third-Party Sites or any Third-Party Content linked to, posted on, or available through the Service. We do not, and cannot monitor, verify, censor, or edit such third-party content. Inclusion of, linking to, or permitting the use of any Third-Party Site or Third-Party Content in your use of the Service does not signify or imply approval or endorsement thereof by us whatsoever. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the Service.
COPYRIGHT COMPLAINTS POLICY
We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. To submit a complaint under the DMCA, please email a notice of infringement to our designated copyright agent at ______.
Your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right to terminate the Service or any user’s access to the Service at our sole discretion for any reason or at our convenience, including, but not limited to for your breach of these Terms of Service.
You acknowledge and agree that we, including our licensors, retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Trademarks for Third-Party Sites, Third-Party Content, and other products, services, or materials that may be mentioned or indicated via the Service are the intellectual property of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
You agree not to (i) modify, adapt or translate the Service or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Service; (iii) modify, translate or prepare derivative works of the Service, or any portion thereof; (iv) make any commercial use of the Service; or (v) rent, lease, distribute or lend the Service to third parties.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For all notices and communications relating to these Terms of Service, you (a) consent to receive communications from us in electronic form via the email address you have submitted; and (b) agree that these Terms of Service (including updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about your classes, coursework, account status, and other aspects of your use of the Service, as well as other messages about 2Sigma School and special offers. You may customize your communications options by changing your Account settings or sending an email to firstname.lastname@example.org.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, 2SIGMA SCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 2SIGMA SCHOOL MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THEREFROM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2SIGMA SCHOOL, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH 2SIGMA SCHOOL OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2SIGMA SCHOOL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.
You will indemnify and hold harmless 2Sigma School and its directors, officers, and employees, and pay any costs (including attorney fees), expenses, awards, settlement, or other obligation, arising from the assertion of a third-party claim, action, or lawsuit that is based upon: (i) your breach of these Terms of Service; (ii) your failure to comply with any instructions provided by us for using the Service; (iii) your use of the Service with any third party product or service not authorized by us, or; (iv) your violation of any third party rights in your use of the Service, including, but not limited to, infringement of intellectual property rights, privacy, and harassment.
MODIFICATION OF TERMS OF SERVICE
We may amend these Terms of Service at any time, and the latest version will be posted on the Service website with the “Updated” date reflecting the date of the latest version. It is your sole responsibility to check the Service website from time to time to view any such changes in these Terms of Service. Your continued use of the Service, you will signify your agreement to the updated Terms of Service. Any changes to these Terms of Service (other than as set forth in this paragraph) or waiver of 2Sigma School’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of 2Sigma School.
The Service is currently intended to for use in the United States only. It is void where prohibited. If you access the Service from outside the United States, you are solely responsible for complying with all laws in your jurisdiction in which you are accessing the Services and agree that your personal information will be transferred to the United States, which may have less protection for your personal information than your jurisdiction of residence.
If any part of these Terms of Service is held invalid or unenforceable, that portion of the Terms of Service will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of 2Sigma School to enforce any provision of these Terms of Service will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Service will survive any termination of this Agreement to the extent necessary to give full effect to their intended purpose.
These Terms of Service and your use of the Service are governed by the federal and state laws of the State of California, without regard to conflict of law provisions. The parties hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in Santa Clara County for the adjudication of any disputes arising from or relating to the Service or these Terms of Service.