Rapunzl Terms of Use & Service

Rapunzl offers a free financial-education platform — a real-time investing simulator paired with a personal-finance curriculum — and also offers optional paid consumer plans that unlock additional functionality, as described in Section 7 (Purchases, Subscriptions and Payment). Schools and districts license Rapunzl separately. Students who access Rapunzl through a school or district license, or as a child profile under a paid family plan, receive full access at no charge to the student, as described in Section 10 (Students and Schools). We believe in democratizing access to financial education and providing market access to everyone, without any need to risk capital.

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity, which You warrant that You have the legal authority to bind that entity, (interchangeably, “User” or “You”) and Rapunzl Investments LLC and its affiliated companies (collectively, “Company” or “We” or “Us” or “Our”), concerning your access to and use of the rapunzl.com website and the Rapunzl mobile and web applications, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”) and governs the way You access any content, functionality, products and services, information about our products and services, your Accounts, and other tools offered (collectively, “Company Services”).

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference. This includes but is not limited to any and all future modifications thereof, and procedures that may be published from time to time on the Website.

Company makes no representation that the Website is appropriate or available in locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If You are a minor, You must have your parent or guardian read and agree to this Agreement prior to You using the Website. Persons under the age of 13 are not permitted to register for the Website themselves; a child under 13 may access the Website only where a school, district, or a parent or guardian has provided the required consent and created or provisioned the account on the child’s behalf.

Paid plans. Paid plans may be purchased only by an adult who is at least 18 years of age (a “Parent Account Holder”) and who represents that they are the parent or legal guardian of, or are otherwise authorized to act for and bind, each minor for whom access is purchased. Minors may not purchase paid plans or submit payment information.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

Pursuant to the terms of the European Union’s General Data Protection Regulation, adopted as Regulation (EU) 2016/679 of the European Parliament on April 14, 2016 to take effect on May 25, 2018 (“GDPR”), where the Company, either alone or jointly, determines the purposes and means of the processing of Personal Data, controls the data, and is responsible for it, and does so with respect to Data Subjects who are physically located in the European Union, the Company is a Controller. As a Controller, the Company is bound by the provisions of the GDPR and agrees to comply with those provisions when in possession of such Personal Data.

You acknowledge and agree that we are not a broker-dealer, as such term is used in the United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Website, nor do we directly offer any financial advice of our own as part of the Website.

All Content created and shared by the Company through the Website is for informational and educational purposes only. You should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Website constitutes a solicitation, recommendation, endorsement, or offer by the Company or any Third Party Provider to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful. There are risks associated with investing in securities. Investing in stocks, bonds, exchange-traded funds, mutual funds, and money market funds involves risk of loss, and loss of principal is possible. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.

You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information through the Website, including your interactions with other Users.

The information presented on or through the Company Website, related Services, User interactions, and any links to third parties provided for convenience may include financial and market information. Such information is made available solely for education, entertainment, and general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of such information, and we clearly state that such information has not been verified. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to our Website or Services, or by anyone who may be informed of any of its contents.

The information presented has been prepared without regard to any individual investment objectives, financial situations, or means. Such information is not intended to constitute investment advice and is not designed to meet your personal financial situation. We recommend that You consult with your financial advisers about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You acknowledge and agree that You have sole responsibility for your investment decisions.

We use reasonable efforts to maintain the Website and related Services, but we are not responsible for any defects or failures associated with the Website and related Services, any content posted on them, the use of any widgets or similar applications, or any other damages (including lost profits or other consequential damages) that may result from any such defects or failures. The Website or related Services may be inaccessible or inoperable for any reason, including, without limitation: (A) equipment malfunctions; and (B) periodic maintenance procedures or repairs, or causes beyond the control of the Company or which are not foreseeable by the Company.

ALL CONTENT PRESENT ON THE WEBSITE AND THROUGH RELATED SERVICES IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

The Website may be sponsored by third parties from time to time and may display advertisements and promotions to adult users. You understand and acknowledge that the Company may place such advertising and promotions on, about, or in conjunction with portions of the Website, related Services, or User Content shown to adult users. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you, and we will identify paid services, sponsored content, or commercial communications as such.

No advertising or marketing to students or minors. Notwithstanding the foregoing, Rapunzl does not display third-party advertising, sponsored content, or promotional offers to any user identified as a student or minor, whether that user accesses Rapunzl through a school or district license or as a child profile under a paid plan. Rapunzl does not sell the personal information of minors and does not serve targeted or behavioral advertising to minors. Any first-party information about Rapunzl’s paid plans is presented only to adult account holders. See Section 10 (Students and Schools).

The Company has no financial interest in the outcome of any trades mentioned on the Website or related Services. However, third-party licensors of User Data, affiliates of Rapunzl, and/or principals of any affiliates of the Company may consider aggregated or de-identified User Data in making investment decisions.

The Company believes in fair play and friendly competition to improve financial education opportunities. We aim to provide a place where Users can learn good trading habits and where all of us can foster a friendly and open environment for Users to hone their skills and be rewarded for their successes. Individuals demonstrating a pattern of dishonesty or disregard for the spirit of fair play negatively affect the Website as a whole.

As such, You agree to abide by the Prohibited Activities and other terms included in this Agreement. Additionally, You represent and warrant that You have not been convicted of a felony involving dishonesty and are not subject to a “Statutory Disqualification” as defined in the Securities Exchange Act of 1934. If You have been convicted of a felony involving dishonesty or are subject to a Statutory Disqualification, You are not eligible to use the Website. This obligation is continuing throughout your use of the Website.

If the Company determines at any point that any facts or circumstances which may cause You to be ineligible pursuant to this Section have occurred or have been misrepresented, we reserve the right to terminate your use of the Website, and You will forfeit any balance of coins, scholarships, or cash prizes, subject to the refund provisions of Sections 8 and 23 where applicable.

The Company may allow Users to make purchases through the Website and related Services, including free plans and optional paid consumer plans. The Company or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

Paid plans may be offered on a recurring basis (for example, monthly). By starting a subscription, the Parent Account Holder authorizes Rapunzl (or its third-party payment processor) to charge the then-current price displayed at checkout, plus applicable taxes, to the payment method on file, automatically at the start of each billing period until the subscription is cancelled.

Subscriptions renew automatically. We will obtain your affirmative consent to the recurring charge at checkout and will disclose the billing amount, frequency, and cancellation method before you are charged. You may cancel at any time through your account settings or by contacting us; cancellation stops future renewals and takes effect at the end of the current billing period. Where required by law, we will send renewal or price-change reminders before a renewal is charged.

We may change subscription prices; however, any change to the price of an existing recurring subscription will take effect only for billing periods after we give you advance notice as required by applicable law, and you may cancel before the change takes effect. Prices and availability of new products or plans are otherwise subject to change without notice.

Certain plans may be purchased using education savings accounts (ESAs), ClassWallet, or similar third-party or employer funds. Purchases made with such funds are subject to the administrator’s terms, and refunds, where available, are processed in accordance with those terms and with Section 8 (Money-Back Guarantee).

You represent and warrant that You are an authorized signatory of the credit or debit card or other method of payment that You provide, and You are responsible for all applicable taxes. Certain Credit Card Information and Debit Card Information will be encrypted and received via a secure page, and we use industry-standard technology and commercially reasonable measures to protect it. Failed or reversed payments may result in suspension of paid features; such suspension never affects a student’s separate access under a school or district license.

Refunds are governed by our Money-Back Guarantee (Section 8) and by applicable law. Except as provided there or as required by law, fees are non-refundable. The Company reserves the right to correct any errors, inaccuracies, or omissions (including in service descriptions, pricing, and availability) and to refuse or reverse any transaction we reasonably believe to be fraudulent, unauthorized, or made in error, including after an Order has been submitted and charged. In the event your payment method has been charged in connection with a revoked or erroneous Order, the Company will issue the appropriate credit within a reasonable time.

If You are directed to a third-party website to make purchases, your purchase will be governed by the terms of that third-party website. If You choose to supply Credit Card Information, Debit Card Information, Personal Data, or financial information to any third-party service provider or Linked Web Site, You do so at your own risk, and the Company is not responsible for the use of such information by any third party.

If you purchase a paid plan directly through Rapunzl and are not satisfied, you may request a full refund within sixty (60) days of your original purchase by contacting hello@rapunzl.com. This guarantee applies to both monthly and lifetime plans and covers the original purchase only, not subsequent renewals. Purchases made through the Apple App Store or Google Play are refunded through the applicable app store under its policies (see Section 14). This guarantee is in addition to any rights you have under applicable law.

A lifetime plan grants access, for a one-time payment, to the Rapunzl consumer product as it exists at the time of purchase and to the ordinary updates and improvements we make to that product over time. “Lifetime” means the operational lifetime of the consumer product; it does not include separate or future products, services, or product lines that we may offer for an additional charge. A lifetime plan covers a single user profile [plus any additional child profiles purchased as an add-on] and is non-transferable.

If we permanently discontinue the consumer product, we will give lifetime purchasers reasonable advance notice and [describe remedy: e.g., a good-faith pro-rated refund based on time since purchase over a defined reference period, or continued access for a defined wind-down period]. Except as stated in this Section, lifetime plans are subject to this Agreement, including the Money-Back Guarantee in Section 8.

Rapunzl’s paid consumer plans are purchased by adults (parents or guardians) in their personal capacity. They are separate from, and are never sold through or on behalf of, any school or district.

Students are never charged. A student who accesses Rapunzl through a school or district license is never asked to pay, never charged, and never shown any paid-upgrade or marketing offer. Nothing in a student’s use of Rapunzl in a classroom is contingent on any purchase.

Students are not marketed to. We do not direct advertising, sponsored content, upgrade prompts, or promotional offers to student or minor users, and we do not use classroom rosters or student data to solicit consumer purchases. Billing and marketing communications go only to adult account holders.

Students receive full access automatically. A student on a school or district license, and any child profile activated under a parent’s paid plan, automatically receives full access to all then-current functionality — curriculum, simulator, analytics, AI tools, certifications, and scholarship-competition entry — with no separate purchase and no feature gating.

Referral program. Where a parent chooses to introduce Rapunzl to their child’s school, participation is voluntary and involves no student solicitation; any recognition is opt-in and school-approved, and any scholarship give-back is a commitment within the school’s license agreement, not a consumer-marketing incentive.

This Section describes how the product is designed; it is not a warranty that any particular school’s or district’s policies are satisfied. Each partner school or district should confirm the arrangement against its own policies and applicable student-privacy and advertising-to-minors laws.

By using the Company Services, You represent, warrant, and agree that:

A: all registration information You submit is truthful, accurate, current and complete;

B: in the event registration information changes, You will maintain its accuracy and promptly update your registration data;

C: you will keep your password confidential and will be responsible for all use of your password and account;

D: you are not a minor in the jurisdiction in which You reside, or, if a minor, You have received parental or legal-guardian permission to use this Website, and any paid plan associated with your access was purchased by an adult Parent Account Holder;

E: your use of the Company Services does not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect the same, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (subject to the refund provisions of Sections 8 and 23 where applicable). We reserve the right to remove, reclaim, or change a username You select if we determine it appropriate in our discretion, such as when the username is objectionable, violates Prohibited Activities, or a trademark owner complains.

Users may terminate receipt of any free-service publications at any time by contacting Rapunzl at the address included at the end of this Agreement, or by using the unsubscribe link included in such emails. If You wish to terminate receipt of all email communications, contact the Company to terminate your account or modify your notification settings. The Company reserves the right to refuse or terminate your access to the Company’s Website or related Services in accordance with Section 23 (Term and Termination).

The Website may invite You to chat or participate in blogs, message boards, online forums and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials (collectively “Contributions”). Any Contributions You transmit to Company will be treated as non-confidential and non-proprietary. When You create or make available a Contribution, You represent and warrant that:

A: the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights of any third party;

B: You are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use, your Contributions;

C: you have the written consent, release, and/or permission of each identifiable individual in the Contribution to use their name or likeness;

D: your Contribution is not obscene, violent, harassing, libelous, or otherwise objectionable, and does not violate any applicable law;

E: your Contribution does not solicit personal information from anyone under 18, exploit minors, or violate any law concerning the protection of minors;

F: your Contribution does not contain offensive comments connected to race, national origin, gender, sexual preference or disability;

G: your Contribution does not aim to manipulate any securities markets; and

H: your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law.

By posting Contributions to any part of the Website, or making them accessible by linking your account to any of your social-network accounts, You automatically grant to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions for any purpose, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. Company does not assert any ownership over your Contributions; subject to the rights granted here, You retain full ownership of your Contributions.

Company has the right, in its sole discretion, to (A) edit, redact or otherwise change any Contributions; (B) re-categorize any Contributions to place them in more appropriate locations; and (C) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Company may accept, reject or remove reviews in its sole discretion and has no obligation to screen reviews or to delete them. Persons posting reviews should: (A) have firsthand experience with the person or entity being reviewed; (B) not post offensive, profane, abusive, racist, hateful or discriminatory language, or references to illegal activity; (C) not be affiliated with competitors if posting negative reviews; (D) not make conclusions as to the legality of conduct; and (E) not post false statements or organize campaigns to post reviews. Reviews are not endorsed by Company and do not represent its views. By posting a review, the reviewer grants Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to reproduce, modify, translate, transmit, display, perform and distribute all content relating to the review.

If You are accessing the Company Services via a mobile application, Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by You, strictly in accordance with this license. You shall not: (A) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (B) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (C) violate any applicable laws in connection with your use of the application; (D) remove, alter or obscure any proprietary notice; (E) use the application for any revenue-generating endeavor or commercial enterprise for which it is not intended; (F) make the application available over a network permitting access by multiple devices or users at the same time; (G) use the application to create a competing product or service; (H) use the application to send automated queries or unsolicited commercial email; or (I) use any proprietary information or interfaces of Company in the design or distribution of any applications, accessories or devices.

When You use a mobile application obtained from the Apple App Store or Google Play (each an “App Distributor”), You acknowledge that this Agreement is between You and Company only, and not with the App Distributor, and that Company — not the App Distributor — is solely responsible for the application and its content, subject to the App Distributor’s applicable usage rules. Company is solely responsible for maintenance, support, and warranties to the extent not effectively disclaimed; the App Distributor has no such obligation. You represent that You are not located in an embargoed country and are not on any U.S. government list of prohibited or restricted parties. The App Distributors are third-party beneficiaries of this Agreement and may enforce it against You.

Purchases made through the Apple App Store or Google Play are billed and managed by the applicable app store under its terms; auto-renewal and cancellation for those purchases are controlled in your app-store account, and refunds for those purchases are handled by the app store. Our Money-Back Guarantee (Section 8) applies to purchases made directly through Rapunzl’s web checkout. [Confirm the billing channel(s) — web checkout, in-app purchase, or both — before launch.]

As part of the functionality of the Website, You may link your account with online accounts You have with third-party service providers (each, a “Third Party Account”) by providing your login information or by allowing Company to access the Third Party Account. You represent that You are entitled to disclose your login information or grant such access without breach of the terms governing the Third Party Account and without obligating Company to pay any fees. By granting access, You understand that Company may access, make available and store content from your Third Party Account (“Social Network Content”) and may submit and receive information to and from it as disclosed to You. Your relationship with the third-party service provider is governed solely by your agreement with that provider. You may disable the connection between your account and your Third Party Accounts at any time, and upon your request Company will delete information obtained through the Third Party Account, except the username and profile picture associated with your account.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by You are non-confidential, and Company (and any designee of Company) is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

You may not access or use the Website for any purpose other than that for which the Company makes it available, and the Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by the Company. Prohibited activity includes, but is not limited to: attempting to bypass measures designed to prevent or restrict access; impersonating another user; criminal or tortious activity; deciphering, decompiling, disassembling or reverse engineering any of the software; deleting copyright or proprietary notices; automated use of the system (data mining, robots, scrapers); harassing or threatening Company employees or agents; interfering with or disrupting the Website; collecting usernames or email addresses to send unsolicited email or creating accounts by automated means or false pretenses; selling or transferring your profile; systematic retrieval of data to compile a database without written permission; tricking or defrauding the Company or other users; using information from the Website to harass or harm another person; using the Company Services to compete with the Company; using the Website inconsistently with applicable laws; attempting to manipulate your Portfolio Performance or competition ranking to gain an unfair advantage; and abusing a bug or system error to gain an unfair advantage or manipulate the Rapunzl system.

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company and are subject to copyright and other intellectual-property rights. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. Company’s Marks may not be used in connection with any product or service in any manner likely to cause confusion, and may not be copied or imitated, in whole or in part, without prior written permission. Company Content is provided “AS IS” for your information and personal use only, and may not be exploited for any other purpose without prior written consent. Provided You are eligible, You are granted a limited license to access and use the Website and Company Content and to download or print a copy of any portion for your personal, non-commercial use. Company reserves all rights not expressly granted.

The Website contains (or You may be sent through the Website) links to other websites (“Third Party Websites”) and content originating from third parties (“Third Party Content”). Such Third Party Websites and Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any Third Party Website or Content does not imply approval or endorsement by us. If You access Third Party Websites or use Third Party Content, You do so at your own risk, and our terms and policies no longer govern. Any purchases through Third Party Websites are between You and the applicable third party.

Company reserves the right, but does not have the obligation, to: (A) monitor the Website for violations of this Agreement; (B) take appropriate legal action against anyone who violates this Agreement; (C) refuse, restrict access to, or disable any user contribution that may violate this Agreement or any Company policy; (D) reset a User’s Account if any activities violate this Agreement; (E) remove or disable files and content that are excessive in size or burdensome to Company’s systems; and (F) otherwise manage the Website to protect the rights and property of Company and others and to facilitate its proper functioning.

The Contests offered through the Website and related Services are contests of skill, and the Company’s Competition Rules are incorporated herein. Winners for each Contest are selected based on their portfolio’s percentage performance over the duration of the competition. The Company’s decisions and interpretations on all matters relating to the Contests and Official Rules are final and binding.

No purchase necessary. Entry into Rapunzl’s skill-based competitions is always free and open to eligible users; no purchase is necessary to enter or win, and purchasing a paid plan does not increase the chance of winning. Where a paid plan states that competition entry is included, that inclusion is a convenience only.

Contests are open to all Rapunzl users; however, eligibility for Prizes is limited as follows. Cash prizes are available only to legal U.S. residents who are at least 18 years old at the time of entry. Scholarship Prizes may be awarded to eligible participating students under 18 who participate with the verified consent of a parent, guardian, or participating school, and are awarded directly to those students as defined by the specific Contest rules. Entrants under 18 are not eligible for cash prizes, which will be returned to the Company.

All Competitions are subject to applicable federal, state and local laws and are void where prohibited. Prizes are non-transferable, with no substitution or cash equivalent permitted, and must be redeemed through the Rapunzl App within 90 days or they are forfeited. Winners are responsible for any applicable taxes. Except where prohibited, by accepting a prize the winner grants the Company a perpetual, worldwide, royalty-free license to use the winner’s name, photograph, voice, and/or likeness for advertising and promotional purposes. The Website or Services may not be used for any form of illicit gambling or in violation of any rulings from the Securities and Exchange Commission.

We care about the privacy of our users. Please review the Company Privacy Policy available on the Company Website. By using the Website or Company Services, You consent to the terms of our Privacy Policy, including having your personal data transferred to and processed in the United States. In the event of a conflict between this Agreement and Rapunzl’s Privacy Policy, this Agreement will supersede any conflicting content in the Privacy Policy.

This Agreement remains in full force and effect while You use the Website or are otherwise a user or member. You may terminate your use or participation at any time by following the instructions in your account settings, if available, or by contacting us.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES TO ANY PERSON FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, OR FOR FRAUD, ABUSE, OR PROHIBITED ACTIVITY, AND MAY TERMINATE YOUR USE OR PARTICIPATION, DELETE YOUR PROFILE, AND DELETE ANY CONTENT YOU HAVE POSTED.

Paid accounts. If we terminate or suspend a paid account for reasons other than your breach, fraud, or violation of this Agreement, we will refund any prepaid subscription fees for the unused portion of your then-current billing period; for lifetime plans, Section 9 governs. Termination of a paid account never affects a student’s separate access under a school or district license.

In order to protect the integrity of the Website, Company may block certain IP addresses and may permanently store the email address associated with your account to enforce rules associated with the Website and Contests. Any provisions of this Agreement that need to survive termination shall survive.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A COMPANY CUSTOMER-CARE REPRESENTATIVE USING THE CONTACT INFORMATION BELOW OR ACCESS YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for cause, You are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party, or with the email address used in any previous account. Company reserves the right to take appropriate legal action.

The Company may modify this Agreement from time to time. All changes will be posted on the Website and revisions indicated by date. You agree to be bound by changes when You use the Company Services after the modification becomes effective. Modifications are effective immediately after posting. It is important that You regularly review this Agreement.

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice, and shall not be liable to You or any third party for any such modification, suspension or discontinuance. This Section does not limit the commitments made to lifetime-plan purchasers in Section 9 (Lifetime Access), which governs what happens if the consumer product is permanently discontinued.

You agree that a breach of the provisions of this Agreement would cause irreparable harm and significant injury to the Company, which would be difficult to ascertain and would not be compensable by damages alone. As such, You agree that the Company has the right to enforce the provisions of these terms by injunction (without the necessity of posting bond), specific performance, or other equitable relief, without prejudice to any other rights and remedies the Company has for your breach.

If there is a dispute between users, or between users and any third party, You understand and agree that the Company is under no obligation to become involved. You release the Company, its officers, employees, agents and successors from claims, demands and damages of every kind arising out of or related to such disputes and/or the Company Services.

All questions of law, rights, and remedies regarding any act, event or occurrence relating to this Website or the Company Services shall be governed and construed by the laws of the State of Illinois, excluding its conflicts-of-law rules. Any legal action arising out of or related to this Website and the Company Services shall be brought solely in the applicable federal or state courts located in or with jurisdiction over Cook County, State of Illinois; subject to the Company’s right to seek injunctive relief in any applicable court. You consent to personal jurisdiction and venue in those courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and of the Uniform Computer Information Transaction Act is excluded. No claim related to the Website or Company Services may be instituted more than two (2) years after the cause of action arose. [Counsel to confirm whether a consumer arbitration clause and class-action waiver should be added for paid plans, noting enforceability limits where minors are involved.]

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions relating to service descriptions, pricing, availability, and other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

Company cannot control the nature of all content available on the Website. By operating the Website, Company does not represent or imply that it endorses any blogs, contributions or other content, or that it believes such content to be accurate, useful or non-harmful. The Company is not responsible for the conduct, online or offline, of any user.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (A) ERRORS OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (C) UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR PERSONAL/FINANCIAL INFORMATION, (D) INTERRUPTION OF TRANSMISSION, (E) BUGS, VIRUSES OR THE LIKE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (F) ERRORS OR OMISSIONS IN ANY CONTENT. COMPANY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY.

IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary, the Company’s aggregate liability to You for any cause whatsoever and regardless of the form of the action will be limited to the greater of (a) the total amount You paid to the Company for the paid plan giving rise to the claim, or (b) the amount You paid to the Company in the twelve (12) months preceding the event giving rise to the claim. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to You, some or all of the above may not apply, and You may have additional rights. If You are a California resident, You waive California Civil Code Section 1542.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an event beyond our reasonable control (a “Force Majeure Event”), including strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat thereof, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or failure of public or private telecommunications networks or transport. If a Force Majeure Event occurs, we will contact You as soon as reasonably possible, our obligations will be suspended, and the time for performance will be extended for the duration of the event.

You agree to defend, indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or a breach of this Agreement or your representations and warranties. Company reserves the right, at your expense, to assume the exclusive defense and control of any such matter, and You agree to cooperate. Company will use reasonable efforts to notify You of any such claim.

Except as explicitly stated otherwise, any notices to Company shall be given by email to the address listed in the contact information below. Any notices to You shall be given to the email address You provided during registration, or such other address as You may specify. Notice is deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified the address is invalid. We may also choose to send notices by regular mail.

Our Website will maintain certain data that You transfer for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services (“User Data”). Although we perform regular routine backups of User Data, You are primarily responsible for all data You have transferred. You agree that the Company shall have no liability to You for any loss or corruption of User Data, and You waive any right of action arising from such loss or corruption.

The Company may utilize certain non-personally-identifying User Data in licensing agreements with third parties in accordance with state and federal laws. Data from student and minor accounts is excluded from any such third-party licensing except in aggregate or de-identified form, consistent with our Privacy Policy and applicable children’s-privacy law. Any User granted access to aggregated User Data is granted a non-exclusive, non-transferable, limited and revocable right to access and use it solely for personal, non-commercial and non-public use.

Your use of the Company Services includes the ability to enter into agreements and to make transactions electronically.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

In order to access and retain your electronic records, You may be required to have certain hardware and software, which are your sole responsibility.

This Agreement constitutes the entire agreement between You and Company regarding the use of the Company Services. The failure of the Company to exercise or enforce any right or provision shall not operate as a waiver. The section titles are for convenience only. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by You without our express written consent; Company may assign any or all of its rights and obligations at any time. If any provision is unlawful, void or unenforceable, that provision is severable and does not affect the remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Company. Upon Company’s request, You will furnish any documentation necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted it.