Website Terms of Use

Effective Date: January 1st, 2012
1. User's Acknowledgment and Acceptance of Terms

Lymboo LLC ("Us" or "We" or “Lymboo”) provides the Lymboo.com website and various related services (collectively, the "Website") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"). In addition, when using particular services or materials on this Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use, and will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

Lymboo is a limited liability company organized under the laws of the State of California. The servers that host this Website are located in the United States, and any personal details you provide to us will be processed by Lymboo in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy, available at http://www.lymboo.com/privacy. Lymboo expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. Lymboo makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the laws of the State of California, without regard to its conflict of laws principles, will govern all matters between you and Lymboo with respect to your use of this Website.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.

2. Description of Services

We make various services available on this Website including, but not limited to, online assessment, education and practice material related to mathematics, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access some of the services on this Website, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. 4. Conduct on Website You agree to comply with all applicable laws and regulations in connection with your use of this Website.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.

5. Third Party Sites and Information

This Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information

© 2012 Lymboo LLC All Rights Reserved. For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Lymboo LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us. Except for a single copy made for non-commercial, informational, personal use only, without modification or alteration in any way, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

7. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

While it is Lymboo’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Lymboo, access to the Website may be interrupted, suspended or terminated from time to time. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

8. Limitation of Liability

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website, online conduct, or breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. Lymboo shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Lymboo, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s).

11. Participation in Promotions

From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

12. International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

13. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

14. Dispute Resolution and Governing Law

With respect to any and all disputes arising out of or in connection with this Website or these Terms of Use (including without limitation the Privacy Policy), Lymboo and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

Lymboo has no obligation to become involved in any dispute between a user and any other person. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Lymboo and you agree that all disputes arising under these Terms of Use shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in San Francisco, California or another forum mutually agreed upon by you and Lymboo, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of you and Lymboo and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Lymboo may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Lymboo is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.

15. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@lymboo.com, if by email, or at Lymboo LLC (2209 Old Ranch Pl, Santa Rosa, CA 95405, USA) if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

16. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. We expressly reserve the right to change these Terms of Use from time to time. Lymboo will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

17. Miscellaneous

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.