Terms of Service

Date of Last Revision: August 6, 2021

Our mission is to give every student the opportunity to learn statistics. As a part of that mission, Adapta Education, Inc. (Adapta Education)  operates the website adaptaeducation.com other websites, information, text, curricula, media, APIs, email notifications and other materials and related products and services (the “Services”).

Please read these Terms of Service (“Terms”) carefully before accessing or using the Services. Accessing or using any part of the Services or clicking on an “I Agree” or “Sign Up” button that may be made available to you means that you agree to be bound by these Terms without modification.

These Terms are a legal contract between you (the “User”) and Adapta Education regarding your use of the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, school, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use the Services after these Terms change, so please check these Terms for changes periodically.

Your Account

If you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. If you are using an account assigned to you by an Educator, your Educator may be able to access and disable your account.

Privacy

Your privacy is important to us. Adapta Education’s Privacy Policy [found at adaptaeducation.comexplains how we treat and protect your personal data and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Adapta Education’s collection, use, and disclosure of your personal data as well as the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal data.

In addition, if you are a student or teacher using Adapta Education in a primary or secondary school with whom we have entered into a separate agreement that supplements these Terms, the terms of those separate agreements may also apply.

If you are a student that uses an account registered for you by an Educator or otherwise connected to an Educator, you agree that Adapta Education may disclose your information to the Educators associated with your account. If you are an Educator, you agree not to share Student Records (as defined in our Privacy Policy) you receive from Adapta Education with anybody other than authorized agents of the classroom, school district, or other educational establishment you represent. Adapta Education does not use Student Records for any targeted or behavioral advertising, profiling, or onward disclosure. All Students 

The Family Educational Rights and Privacy Act (“FERPA”)

We help schools be compliant with the Family Educational Rights and Privacy Act (FERPA) by facilitating a school’s access to student data in response to a request from a parent. Email us at support@adaptaeducation.com for assistance.

Adapta Education Intellectual Property Rights, and Your License to Use the Services

All right, title, and interest in and to the Course Services (excluding User Content) are and will remain the exclusive property of Adapta Education and its licensors. The Services are protected by copyright, trademark, trade dress, patent and other laws of the United States. The content, information, data, designs, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Nothing in the terms gives you a right to use the Adapta Education name or any of the Adapta Education trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Adapta Education, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to these Terms, you may access and use the Services only for your own education based, noncommercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission, except with respect to Adapta Education’s library of course curriculum, and API as set forth above.

You may only use the Adapta Education logo or trademark with the permission of Adapta Education, and only in reference to Adapta Education coursework. Any combinations of the Adapta Education logo or name with other logos or names are prohibited.

Adapta Education does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Adapta Education and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Adapta Education Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ADAPTA EDUCATION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Adapta Education Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Adapta Education Entities or through the Services, will create any warranty not expressly made herein.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADAPTA EDUCATION ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ADAPTA EDUCATION ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ADAPTA EDUCATION, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ADAPTA EDUCATION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

General Terms

A. Waiver and Severability

The failure of Adapta Education to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or those of your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in St. Joseph County; Indiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Indiana (excluding choice of law).

C. Entire Agreement

These Terms are the entire and exclusive agreement between Adapta Education and you regarding the Services (excluding any services for which you have a separate agreement with Adapta Education that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Adapta Education and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.

D. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adapta Education without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

E. Indemnification

You agree, to the extent permissible by law, to indemnify, defend, and hold harmless Adapta Education, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Adapta Education Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the website, the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You. Adapta Education reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Adapta Education, and you agree to cooperate with Adapta Education’s defense of these claims. Adapta Education will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

We may revise these Terms from time to time and the most current version will always be at adaptaeducation.com. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email address associated with your account if we have it. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please email us at support@adaptaeducation.com.

iDAPIntelligent Diagnostic Assessment Platform for High School Statistics Education

The ADAPTA team would like to acknowledge Khan Academy and CK-12.

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