1. Acceptance of Terms of Service
These Terms of Service of ReflEQ LLC (“ReflEQ”) will govern your use of the ReflEQ online platform. By using any of the tools available on the site, you are indicating your agreement to be bound by these Terms of Service as such terms may be modified from time to time. These Terms of Service govern your use of ReflEQ and all services provided in connection with ReflEQ. If you do not agree to these Terms of Service, do not subscribe to or enter ReflEQ. If these Terms of Service change, a note will be posted on the ReflEQ homepage requesting that you review this document again. If you do not agree to the changes in the Terms of Service as they may occur, please arrange to terminate your subscription with ReflEQ immediately (i) by notifying ReflEQ of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of ReflEQ. Your continued use of ReflEQ will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time ReflEQ may supplement these Terms of Service with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on ReflEQ to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information/Privacy Policy
ReflEQ employs third-party payment processing system, Stripe. If you are paying for a subscription using a third-party payment processing system, see their privacy policies for more information.
Any information provided by you or gathered by ReflEQ or third parties during any visit to ReflEQ shall be subject to the terms of the ReflEQ Privacy Policy, which is incorporated herein by reference. ReflEQ reserves the right to offer you third party services and products.
If you are a student under the age of 13 purchasing an individual subscription, ReflEQ requires that a parent or guardian completes the subscription form for you.
ReflEQ reserves the right to terminate your ReflEQ subscription if ReflEQ learns that you have provided false or misleading registration information.
3. Termination
ReflEQ reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription or ability to access ReflEQ and/or any other service provided to you by ReflEQ upon any breach by you of the Terms of Service.
4. Modifications of these Terms of Service
ReflEQ may modify these Terms of Service from time to time in its sole discretion. Each time you log on to ReflEQ, you will be deemed to have accepted any such changes. In the event we make a significant modification to these Terms of Service, we will also post a note on the ReflEQ homepage stating that the Terms of Service have changed.
5. Modifications to ReflEQ
ReflEQ may update, add or remove content from the ReflEQ website with or without notice to you and without liability to you or any third party. If the ReflEQ subscription service is discontinued for any reason, teacher/school/district subscribers may request a refund of a prorated amount of their current subscription cost. Individual subscriptions will not be refunded.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. ReflEQ reserves the right to terminate your service if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. ReflEQ is to be used by you for your personal use only. Commercial uses of ReflEQ are strictly prohibited unless prior written consent from ReflEQ has been granted.
You further agree not to use ReflEQ to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on ReflEQ. ReflEQ reserves the right to delete any such material from the site. ReflEQ will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of ReflEQ You further agree not to use an inappropriate username of any kind.
You agree not to post or use ReflEQ to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) ReflEQ permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to ReflEQ, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on ReflEQ is not protected by Rights rests with you. You acknowledge that ReflEQ may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
7. Subscription Username and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ReflEQ of any unauthorized use of your subscription or password.
8. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the ReflEQ website may infringe on another’s or your copyright, please send a detailed message to us via the Helpdesk.
9. Disclaimer of Warranties
You expressly agree that use of ReflEQ is at your sole risk. ReflEQ is provided on an “as is” and “as available” basis. ReflEQ expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
ReflEQ makes no warranty that ReflEQ services will meet your requirements, or be uninterrupted and error free; nor does ReflEQ make any warranty as to the results that may be obtained from the use of the tools on ReflEQ. ReflEQ will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of ReflEQ.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of ReflEQ is 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 such material and/or data.
You understand and agree that ReflEQ does not guarantee the accuracy or completeness of any information in or provided in connection with the site. ReflEQ is not responsible for any errors or omissions or for the results obtained from the use of such information.
ReflEQ shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in ReflEQ. Your participation is solely at your own risk. No advice or information, whether oral or written, obtained by you from ReflEQ, its employees, consultants and/or experts shall create any warranty not expressly made herein.
ReflEQ makes no warranty regarding any goods or services purchased or obtained through ReflEQ or any transactions entered into through ReflEQ.
ReflEQ is not responsible for the content on Web pages outside ReflEQ’ site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against ReflEQ with respect to such sites.
10. Limitation of Liability
ReflEQ shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use ReflEQ or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through ReflEQ or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if ReflEQ has been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify and hold each of ReflEQ, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of ReflEQ, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Such indemnification shall be revised or waived in the case that state law prevents you as subscriber from entering into such provisions, or in the situation that ReflEQ has separately entered into alternate indemnification provisions with you or your site.
12. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering ReflEQ, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California, unless another state of jurisdiction is required by the subscriber.
13. Remedies for Breach of these Terms by You
In the event that ReflEQ determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of ReflEQ, ReflEQ reserves the right to (i) warn you via email that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to ReflEQ; (iii) delete all content provided by you to ReflEQ; (iv) discontinue your subscriptions(s) with ReflEQ; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which ReflEQ deems to be appropriate.
If your subscription(s) with or ability to access ReflEQ and/or any other service provided to you by ReflEQ is discontinued by ReflEQ due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of ReflEQ, then you agree that you shall not attempt to re-register with or access ReflEQ, and/or any other service provided by ReflEQ, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, ReflEQ reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
14. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
ReflEQ may assign its rights and obligations under these Terms of Service and upon such assignment ReflEQ may be relieved of any further obligation hereunder.
You represent to ReflEQ that you have the authority to register with or visit ReflEQ according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on ReflEQ) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of ReflEQ, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
ReflEQ reserves the right to charge fees, surcharges and/or membership fees at any time.
Legal
All content, images, and tools contained in the ReflEQ website are copyright ReflEQ The content presented herein may not under any circumstances be distributed in any way or form without prior written permission from ReflEQ
The ReflEQ website is provided on an “AS IS, AS AVAILABLE” basis. ReflEQ makes no guarantee of availability of the services and will not be held responsible for data loss or interruption of service of any kind.
Users of the ReflEQ website must agree to the Terms of Service in order to use any of the free or subscription tools on the site.