End User License Agreement
SUMMER BRIDGE ACTIVITIES® MOBILE APPLICATION END USER LICENSE AGREEMENT
This Summer Bridge Activities® Mobile Application End User License Agreement ("Agreement" or "EULA") is a binding contract made between Carson-Dellosa Publishing, LLC, which sometimes does business as Carson Dellosa Education (“Carson Dellosa Education,” “we,” “us,” or “our”), and “you” as defined below.
THIS IS A BINDING CONTRACT. PLEASE READ IT CAREFULLY BEFORE DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION ACCOMPANYING THIS AGREEMENT OR BEFORE CREATING AN ACCOUNT. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION, OR BY CREATING AN ACCOUNT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE ENTERING INTO AND AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION OR CREATE AN ACCOUNT.
Definitions
- "Child" (or “Children”) means a user (or users) under the age of majority in the user’s state of residence.
- The “App” means Carson Dellosa Education’s Summer Bridge Activities® mobile application.
- “Parent” means a parent or legal guardian of a Child or Children.
- “You” or “your” means and refers to you if you are not a Child, and to both you and your Child if you are a Parent.
PURPOSE
This Agreement concerns your download, installation, and use of the App. The term "App" includes the computer codes, software, graphics, displays, text, audio-visual components, interfaces, and other elements comprising the App, all updates, enhancements, or modifications thereto, all related online and electronic documentation, and any and all other related services, links, materials and media with respect to the App supplied or made available from time to time by Carson Dellosa Education.
Your creation of an account related to this App (discussed below) and/or your download, installation, and use of the App is subject to and expressly conditioned on your acceptance of all of the terms and conditions of this EULA. If you do not agree with any part of this Agreement, you may not use the App. The EULA, and all of its terms and conditions, may be changed at any time by Carson Dellosa Education. All such changes shall be effective and legally binding upon you after posting by Carson Dellosa Education when you next use the App. Therefore, you should check the EULA terms and conditions for updates from time to time by clicking the appropriate link or button in the App. If you do not agree with all of the terms and conditions of this Agreement, you are not authorized to create an Account or download, use, or continue to use the App. Your continued use of the App will constitute your acceptance of any revisions to this Agreement.
GRANT OF LICENSE
Subject to your acceptance of and compliance with the terms of this Agreement and the Summer Bridge Activities® COPPA Privacy Policy, Carson Dellosa Education grants you, subject to all the terms and conditions in this Agreement, a limited, revocable, non-exclusive, personal, non-commercial, non-transferable license to download, install, and use the App for your personal, non-commercial use on mobile devices that you own or control. This Agreement does not grant or confer any ownership right or title to the App or any part thereof, and Carson Dellosa Education reserves and retains all rights not expressly granted to you in this paragraph, including its entire right, title, and interest in and to the App (including but not limited to all copyrights, trademarks, and other intellectual property rights therein or relating thereto). This Agreement does not change, amend, or modify in any way any of the terms of service of your mobile device provider or any applicable usage rules, guidelines, fees, charges, and terms of service imposed by your mobile device company and/or your Internet service provider.
YOUR ACCOUNT
It is possible to use and access certain aspects of the App without completing the registration process, but any such use is subject to the terms of this Agreement. In order to fully use and access all of the services provided by this App, you must complete the registration process. When you complete our registration process, you create an account with us ("Account"). You are solely responsible for all activity on your Account, the App, and for the security of your devices. You may not reveal, share or otherwise allow others to use your password or Account or access the App beyond its stated or intended use. You agree that you are personally responsible for the use of your password and Account and for all activity on the App that results from the use of your Account and/or your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
INSTALLATION AND USE
The App is made available only for your personal, lawful, non-commercial use. Your use of the App is limited to its designed purposes, and only as expressly authorized in this Agreement. The App requires an Internet connection to access and use the App, its Internet-based features, and perform other functions. You understand and agree that you are solely responsible for your Internet service connections and for all mobile device or other communication fees and charges incurred through your use of the App, and that we are not responsible for any data charges or other costs you incur while using this App.
LIMITS ON USE
You shall not:
- use any portion of the App, or any of our other intellectual property or other property in any other application or on any other website or in any other way, except as expressly authorized in this Agreement;
- in whole or in part, copy or distribute the App or modify, reverse engineer, decompile, disassemble, attempt to derive its source code, or otherwise tamper with, or create any derivative works from or of, the App;
- use the App in any manner that is in any way unlawful or fraudulent, that harasses, abuses, threatens, defames or otherwise infringes the rights of others, that seeks to gain unauthorized access to any part of Carson Dellosa Education's computer network or internal files or user accounts, or that inserts, uses, or attempts to insert or use, viruses, malware, or other automated processes, or software or computer code, that interrupts, destroys, limits, surreptitiously monitors, or otherwise adversely affects any software, hardware, or electronic communications;
- systematically retrieve content from the App to produce a collection, or compilation, or use the App for data mining, scraping, crawling, redirecting, or compiling any data for any purpose database or directory of data or information;
- interfere with any tools or measures designed to limit access to the App or to otherwise prevent anyone from exceeding the limited rights and licenses granted under this License;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any of its features or functionality, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
- use the App to attempt to interfere with the proper functioning, display, operation and/or usage of the App by any authorized users or third parties, or use any proprietary information or interfaces of the App or other intellectual property for any purpose not expressly authorized by this Agreement.
APP UPDATES
Carson Dellosa Education may from time to time, and in its sole discretion, develop and provide updates to the App. These may include upgrades, patches, bug fixes, other error corrections, and/or new features. Updates may also modify or delete in their certain App features and/or functionality. You agree that Carson Dellosa Education has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Application will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates. You shall promptly download and install all updates, and you acknowledge and agree that should you fail to do so, the App or portions thereof may not properly operate. You further agree that all updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that all materials appearing on this App, including but not limited to the text, App design, data, graphics, logos, marks, icons, images, and other content, as well as the selection, assembly and arrangement thereof (collectively our “content”) and the software, hardware or other technology used to operate or underlying this App, and all patent, trade secret, know-how, copyright, trademark, or service mark rights therein, are and shall remain the sole property of Carson Dellosa Education, or (as applicable) our licensors or content providers. Carson Dellosa Education content is protected by U.S. and international copyright and other intellectual property laws.
TRADEMARKS
Carson Dellosa Education®, Summer Bridge Activities®, and all related marks and logos are trademarks and/or registered trademarks of Carson Dellosa Education. You agree that no right, title, license, or interest to any of the same is granted to you hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any of the same. You agree that you will not use Carson Dellosa Education’s names or marks (or anything similar thereto) in any advertising, promotional or sales literature without Carson Dellosa Education’s prior written authorization.
PRIVACY
We respect and endeavor to protect the privacy of the information of our users of the App. Please review our Summer Bridge Activities® COPPA Privacy Policy for more information at https://www.carsondellosa.com/coppa/.
PHYSICAL EXERTION DISCLAIMER
THE APP MAY INCLUDE ACTIVITIES OR EXERCISES THAT REQUIRE PHYSICAL EXERTION. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE RISKS AND HAZARDS INVOLVED, AND YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR (AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR) ANY RISKS, INJURIES, OR DAMAGES WHICH MIGHT OCCUR AS A RESULT OF PHYSICAL EXERCISES OR ACTIVITIES REFERENCED OR INCLUDED IN THE APP THAT YOU UNDERTAKE.
DISCLAIMER/NO WARRANTIES
THE APP, ITS CONTENT AND THE SERVICES PROVIDED BY IT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
CARSON DELLOSA EDUCATION DOES NOT WARRANT THE QUALITY, PERFORMANCE, OR ACCURACY OF THE APP, NOR DOES IT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THE APP WILL SATISFY YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED OR ERROR-FREE. CARSON DELLOSA EDUCATION DOES NOT WARRANT OR REPRESENT THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, ITS SERVERS, OR ANY COMMUNICATIONS SENT FROM CARSON DELLOSA EDUCATION, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE APP YOU HEREBY WAIVE THE APPLICATION OF SECTION 1542 AND EVERY OTHER SIMILAR LAW IN EACH OTHER APPLICABLE JURISDICTION.
LIMITATION OF LIABILITY
CARSON DELLOSA EDUCATION IS NOT AND SHALL NOT IN ANY CASE BE LIABLE FOR ANY PERSONAL INJURY, OR FOR ANY LOSS, CLAIM, OR DAMAGE OF ANY KIND, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (EVEN IF CARSON DELLOSA EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, WHICH IN ANY WAY ARISES OUT OF OR RELATES TO THE USE OF (INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA), OR INABILITY TO USE, THE APP. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
If the App proves to be defective in any way and causes any harm to you or to your mobile device or computer, or to your other property, you agree to assume, and you must assume, the entire cost of any necessary service or repair.
INDEMNIFICATION
You agree to indemnify and hold harmless Carson Dellosa Education, its members, affiliates, officers, directors, agents, employees, successors and assigns, from and against any and all claims, demands, liabilities, losses, costs, expenses (including reasonable attorneys' and consultants’ fees and court costs), causes of action, or judgments directly or indirectly made by any third party due to or arising out of (i) your use of the App or any of the content thereon, (ii) your violation of any of the terms of this Agreement or the Summer Bridge Activities® COPPA Privacy Policy, or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any content submitted by you caused damage to a third party. The obligations set forth herein shall survive this Agreement and your use of the App.
SUSPENSION AND TERMINATION
We may suspend or terminate this Agreement and the rights afforded to you hereunder at any time. We may do so for any or no reason, and with or without prior notice to you, in our sole and absolute discretion. If you fail to comply with this License, then this Agreement and any rights afforded to you hereunder shall terminate automatically. Upon termination, all rights granted to you under this Agreement will terminate as well, and you must stop using the App and uninstall it from your mobile device. We reserve the right, in our sole discretion, to change or discontinue the App and any content at any time, without notice. You agree that any termination of your access to or use of the App and any discontinuation by us in providing the App may be effected without notice to you and that we shall be under no obligation to retain any of your content, provide any further access to any content or return any content to you. You agree that we shall not be liable to you or any third party for any such termination or for any interruption or discontinuation of the App.
SUPPORT SERVICES; CONTACT US SUBMISSIONS
We are solely responsible for providing any maintenance and support services with respect to the App, and we may update the App from time to time, to improve features or security, or for other purposes, but we are not obligated to maintain, update, or support the App. In order to submit contact information for help request on the App, you must be at least 13 years of age or have your Parent’s permission. Data fees may apply.
EXPORT REGULATIONS
The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of, the App or any digitally downloaded products to a prohibited country, or otherwise in violation of any applicable restrictions or regulations.
GENERAL PROVISIONS
This Agreement (together with any of our agreements and notices herein referenced or any disclaimers concerning the App) is the entire agreement between you and us, and governs your use of the App, superseding any prior agreements between you and us as to the same, whether written or oral, relating to the subject matter.
This Agreement, and (except as required by applicable federal or state laws) the use of the App, will be governed by and construed in accordance with the laws of the State of North Carolina, without giving any effect to any conflicts of laws provisions or principles of North Carolina or your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Agreement, the App, or your use of the App must be filed exclusively in a court of competent jurisdiction sitting in Guilford County, North Carolina, and you consent to exclusive jurisdiction and venue in the courts located in Guilford County, North Carolina, USA.
You recognize that your breach or violation of the terms of this Agreement may cause irreparable injury to Carson Dellosa Education or its licensors or affiliates for which monetary damages may be an inadequate remedy. You agree that Carson Dellosa Education and its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available to Carson Dellosa Education.
This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and you may not transfer, assign or delegate it to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. We may assign this Agreement at any time without notice to or permission from you.
You agree that we can update or modify the terms of this Agreement at any time by posting the same in the App. Unless we note otherwise at the time of posting, changes will be effective immediately upon posting. You accept changes to this Agreement either by using the App after we post the changes with the App or by clicking to confirm acceptance. You are responsible for checking the App for changes to this Agreement. You should periodically access this Agreement through the App to review the current Agreement.
If any provision of this Agreement is ruled invalid, unlawful, or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be severed from and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. No oral or written information or advice given by any agent or representative of Carson Dellosa Education can, or shall, create a warranty regarding the App. Carson Dellosa Education reserves the right to cancel the App or end your access to, or use of, the App at any time for any reason.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND, IF NOT, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
We may elect to supply information and/or materials by or from third parties (“Third-Party Materials”) solely as a convenience to you. You acknowledge and agree that we are not responsible for any Third-Party Materials, and we do not assume, and you agree we will not have, any liability or responsibility to you or anyone else with respect to any of the same. Any Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions…
For communications concerning this Agreement, please email Carson Dellosa Education at sba.app@carsondellosa.com.
Last revised: May 8, 2023.