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Terms of Use

Updated: March 1, 2022

Time4MathFacts is part of the Time4Learning family of educational products that service the preK-12th grade community.

Time4Learning provides service to users through its website, www.Time4MathFacts.com, subject to the following Terms of Service, which may be updated or modified by Time4Learning at any time without notice to you. Whenever you access the Time4MathFacts website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.

Acceptance of Service

Your use of Time4MathFacts website constitutes your acceptance of and your agreement to abide by these Terms of Service, and all incorporated policies and procedures, including the Reflex Math Standard Terms and Conditions, which can be found at https://accounts.explorelearning.com/reflex/terms/.

Do not use the website if you do not agree to the Terms & conditions of Use!

Description of Service

Time4MathFacts uses the power of technology and engaging game play to motivate students to move from learning math facts to math fact mastery. Parents can use as part of their homeschool curriculum, as an afterschool alternative to tutoring or as summer study for their children (the “Service”). Parents who use the Service as part of their homeschool curriculum act as the teacher of record, and must follow the requirements in their home state to determine if there are any gaps you need to fill in. The Service is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability. As a software-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Time4MathFacts strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Time4MathFacts makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.

Billing Policies

Membership Payment & Activation. To access the Service, you must create an account with Time4MathFacts and activate a Membership. A Membership is activated once Time4MathFacts receives payment of the Membership Fee, which is set at registration and is based on the number of children the parent registers. Time4MathFacts accepts payments online using Visa, MasterCard, Discover, American Express. For credit card payments, the date of payment will be the Activation Date.

You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. If you are a tax-exempt organization and we do not already have a current Certificate of Tax Exemption on file, please submit a copy to [email protected]. We will review your Certificate of Tax Exemption and contact you for your order.

Users who want to access the Service and pay for a Membership by check, purchase order (“PO”), Paypal™ or other means, must contact Time4MathFacts at [email protected]. For payments made by check, PO, or Paypal™, the Activation Date will usually occur within one business day of Time4MathFacts’ receipt of an acceptable check or PO. However, Time4MathFacts reserves the right to review POs and checks and to decide, at its sole discretion, whether to immediately activate service or to delay the Activation Date until payment is received by Time4MathFacts. In addition, Time4MathFacts reserves the right to require users who pay for a Membership by check, PO, or other means to enter into a separate agreement with Time4MathFacts to activate the Membership.

Membership Term & Renewal. A typical Membership begins on the Activation Date and extends for twelve (12) months (the “Term”). For users paying for a Membership by credit card, the Membership automatically terminates at the end of the Term, unless the user renews the Membership online on or before the last day of the Term. If payment is not received by Time4MathFacts for any reason, including charge back, Time4MathFacts reserves the right to suspend or terminate a user’s Membership. In addition, all users understand that once a Membership is terminated all information relating to the user (including student data and assignments) may be terminated or deleted.

Cancellations. Users may cancel their membership within the first fourteen (14) days using their Parent Dashboard or by sending a cancel request to [email protected]. All cancel email requests must be sent from the email address that is listed on the account. All cancellations are processed immediately followed by an email confirmation that gets sent within 24 business hours. Whenever a Membership is cancelled pursuant to this Section, Time4MathFacts will remove user access on or immediately after the effective date of the cancellation. Time4Learning reserves the right to cancel a user’s Membership if the user fails to make a payment. For purposes of this section, a user is deemed to have paid Time4MathFacts when the user’s check clears or when the user’s credit payment has been received by Time4MathFacts’ merchant account or bank account. Time4MathFacts also reserves the right to cancel a Membership for any reason, including, without limitation for lack of use or if Time4MathFacts believes you have violated the letter or spirit of the Terms of Service. Time4MathFacts shall not be liable to the user or any third-party for the cancellation of your Membership, deletion of your account, or access to the Time4MathFacts website.

100% Satisfaction Guarantee. New Users who sign up for a Membership, have a 14-day period during which there is an unconditional money-back guarantee. If you cancel your Membership during this time, you will receive a full refund. For purposes of this section and the Terms of Service, a “New User” is someone who has never had a Membership with Time4Learning and is activating a Membership using a credit card for the first time.
Refunds. All payments for Memberships to Time4Learning are non-refundable, unless you are a New User (defined above) who requests a refund within the 14-day money back guarantee period.

Upgrade to Time4Learning.com. Time4MathFacts users can upgrade to Time4Learning anytime during their Time4MathFacts membership. Upgrades require all students to be moved from Time4MathFacts to Time4Learning. Users are prompted and required to agree to Time4Learning’s Terms of Use before the upgrade occurs.

Billing Security. Time4Learning uses Secure Sockets Layer technology that sends credit card data in encrypted code. Time4Learning does not store your credit card number.

Special Offers & Price Changes. Time4MathFacts may run special offers periodically. These special offers are subject to change at any time, and may have certain restrictions, including, but not limited to, restricting users to the use of one special offer. Pricing is subject to change with notice by Time4MathFacts. Any changes made by Time4MathFacts become effective at the start of the next billing term.

Passwords. Your password gives you access to the Membership service. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise Time4MathFacts immediately and we will issue a new password and eliminate the previous one.

Your Obligations & Representations. When you sign up for any of Time4Learning’s family of educational products and activate your Membership, you agree to (a) provide true, accurate, current and complete information about yourself on the registration form (such information being the “Registration Data”) and (b) 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 Time4MathFacts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Time4MathFacts has the right to suspend or terminate your account and/or refuse any and all current or future use of its Service.

Time4MathFacts Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy. The Privacy Policy is subject to change without notice and is specifically incorporated into the Terms of Service by reference.

Time4MathFacts Proprietary Rights

You acknowledge and agree that the Service provided by Time4MathFacts, and all necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Time4MathFacts, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Time4MathFacts or the Software, in whole or in part.

You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Time4MathFacts website.

Grant of Limited License. Time4MathFacts grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Time4MathFacts for use in accessing the services.

Restrictions of Use. You understand that the Software and Service offered by Time4MathFacts are wholly owned by Time4Learning and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Time4MathFacts reserves the right to cancel your Membership without refund if it is determined that you have violated this portion of the Terms of Service.

Trademarks & Copyrights

Copyright © 2012-2019 Time4Learning. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Time4Learning. The owner and manufacturer of Time4Learning is VKidz, Inc. 6300 NE 1st Ave. Suite 203, Ft. Lauderdale, FL 33334. “Time4Learning”, “Ed Mouse”, “Structuring the computer for education and entertainment” are the exclusive trademarks of VKidz, Inc. All other copyrights and trademarks appearing on the Time4Learning website are the exclusive rights of their respective owners. If any company does not wish the site to be listed, please contact us at [email protected].

Copyright Violation Notice
Time4MathFacts respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Time4MathFacts.com website, please contact us at [email protected] and we will investigate and change or drop the link immediately. If you believe that your work is accessible on the Time4MathFacts service in a way that constitutes copyright infringement, you may notify us via email by providing Time4Learning the following information:

  1. A description of and the location of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  2. Identification of the specific language, image(s) or functionality on the Time4Learning website or iOS App that you believe to be infringing;
  3. Identification of the URL or other specific location on the Time4Learning website or iOS App where that material is located;
  4. Your name, title, organization, website address, mailing address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  7. An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.

Indemnity

You agree to indemnify and hold Time4MathFacts, its parent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Time4MathFacts website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Disclaimer of Warranties

1. TIME4MATHFACTS PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TIME4MATHFACTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. TIME4MATHFACTS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIME4MATHFACTS OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIME4MATHFACTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIME4LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE TO TERMINATE YOUR MEMBERSHIP.

No Guaranty of Results

Time4MathFacts is a tool to assist your child for education and entertainment purposes. Because every child learns differently, Time4MathFacts cannot guarantee particular results from a child’s use of the Service.

Modification of Terms

The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Time4MathFacts at any time by publication through the Time4MathFacts website or by sending you an email. You are responsible for regularly reviewing the Time4MathFacts website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your Membership and to cease using the services.

Jurisdiction, Venue, & Interpretation

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida. Each party consents to personal jurisdiction and venue in Broward County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Time4MathFacts website or iOS Apps, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

The Terms of Service constitute the entire agreement between you and Time4MathFacts and govern your use of the Service offered by Time4Learning. The Terms of Service supersede all prior agreements between you and Time4MathFacts. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Time4MathFacts to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

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