Updated: August 26, 2016
Time4Learning provides service to users through its website, www.Time4Learning.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 Time4Learning’s 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 Time4Learning’s website constitutes your acceptance of and your agreement to abide by these Terms of Service, and all incorporated policies and procedures. Do not use the website if you do not agree to the Terms of Service!
Description of Service
Time4Learning’s website offers a comprehensive education program filled with thousands of online learning activities, lessons, resources and assessments that parents can use as part of their homeschool curriculum, as an afterschool alternative to tutoring or as summer study for their children in preschool through high school (the “Service”). The Service includes curriculum that correlates to state standards, but Time4Learning is not a school or a course. 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”. Time4Learning strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Time4Learning makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.
Membership Payment & Activation. To access the Service, you must create an account with Time4Learning and activate a Membership. A Membership is activated once Time4Learning receives payment of the Membership Fee, which is set at registration and is based on the number of children the parent registers, the grade level of the child (or children), and the number of courses requested (for high school students only). Time4Learning accepts payments online using Visa, MasterCard, Discover, American Express. For credit card payments, the date of payment will be the Activation Date.
Users who want to access the Service and pay for a Membership by check, purchase order (“PO”), Paypal™ or other means, must contact Time4Learning at [email protected] For payments made by check, PO, or Paypal™, the Activation Date will usually occur within one business day of Time4Learning’s receipt of an acceptable check or PO. However, Time4Learning 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 Time4Learning. In addition, Time4Learning reserves the right to require users who pay for a Membership by check, PO, or other means to enter into a separate agreement with Time4Learning to activate the Membership.
Membership Term & Renewal. A typical Membership begins on the Activation Date and extends for one (1) month (the “Term”). For users paying for a Membership by credit card, the Membership automatically renews for an additional one (1) month at the end of the Term, and Time4Learning will bill the same Membership Fee to the credit card the user selected at registration in order to renew the Membership. Each month thereafter, the Membership will automatically renew at the same Membership Fee, unless the user makes a change, such as adding additional students or courses, placing the Membership on Hold or cancelling the Membership, prior to the last date of the month as provided below. For users who pay for a Membership by Paypal™, check or PO, the Membership does not automatically renew and will terminate at the end of the Term, unless the user renews the Membership online on or before the last day of the Term or selected an option to pay for more than one (1) month of Membership upfront at registration. If payment is not received by Time4Learning for any reason, including charge back, Time4Learning 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.
Membership Add-Ons. From time to time, Time4Learning offers “Add-Ons” to its Members. For purposes of this section, Members are users who have an active Membership with Time4Learning. The term of an Add-On is typically for a period of consecutive months in length and can be purchased by Members by paying the one-time fee indicated at registration. Members have 14-days from the Add-On purchase date to cancel it and receive a full refund. After this time, Members will not be entitled to a refund or credit relating to the Add-On. Since Add-Ons are only available to Members, if a Member registers and pays for an Add-On and then places account on Hold, cancels or otherwise fails to keep their Membership in good standing (such as by non-payment of the Monthly Membership Fee) during the term of the Add-On, the Member will lose access to the Add-On and no refund or credit will be given for the Add-On, unless it is within the 14-day trial period. Prior to the end of the term of the Add-On, Members will have the option to renew the Add-On for an additional term at the then current rate.
Hold. Users may place their Membership on Hold at any time for any reason through their parent administration page or by contacting [email protected] or 888-771-0914. Placing a Membership on Hold ensures that all information and files saved by the user (including student history, data and reports) or relating to the user’s account will be saved by Time4Learning and available to the user when the user resumes his/her Membership. The Hold will become effective on the start date chosen at the time of the Hold request. During the Hold, members are charged a reduced membership fee (the “Hold Fee”) each month instead of the monthly Membership Fee. The Hold Fee will be charged on the Term billing date using the payment method selected by the user at registration, and each month thereafter until the user resumes his/her Membership or cancels the Membership as provided below. A user can resume a Membership at any time through their parent administration page or by contacting [email protected] or 888-771-0914. The Membership will resume on the date requested by the user and you will be billed on the first day of the next billing term at the same Monthly Membership Fee in effect on the Activation Date.
Cancellations. Users may cancel their membership at any time using their parent administration page or by sending a cancel request to [email protected] All cancellations are processed immediately followed by an email confirmation that gets sent within 24 business hours. The cancellation will become effective at the start of the next billing term. Whenever a Membership is cancelled pursuant to this Section, Time4Learning will delete the information relating to the user (including student history, data and reports) on or immediately after the effective date of the cancellation. Once data has been deleted by Time4Learning, it cannot be recovered. 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 Time4Learning when the user’s check clears or when the user’s credit payment has been received by Time4Learning’s merchant account or bank account. Time4Learning also reserves the right to cancel a Membership for any reason, including, without limitation for lack of use or if Time4Learning believes you have violated the letter or spirit of the Terms of Service. Time4Learning 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 Time4Learning website.
100% Satisfaction Guarantee. New Users who sign up for a Membership, provided they have not taken part in a free trial, 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. All payments for Add-Ons are non-refundable as well, unless the user requests a refund within 14-days from the date of purchase of the Add-On.
Billing Security. Time4Learning uses Secure Sockets Layer technology that sends credit card data in encrypted code. Time4Learning does not keep a record of, or have access to your credit card number.
Special Offers & Price Changes. Time4Learning 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 Time4Learning. Any changes made by Time4Learning 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 Time4Learning immediately and we will issue a new password and eliminate the previous one.
Your Obligations & Representations. When you sign up for an account at Time4Learning 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 Time4Learning has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Time4Learning has the right to suspend or terminate your account and/or refuse any and all current or future use of its Service. You also agree that Time4Learning is authorized to charge the payment method you selected during registration the Membership Fee on the Activation Date and each month thereafter on the anniversary of the Activation Date at the then-current rate unless or until your Membership is placed on Hold or Cancelled by you or Time4Learning. You further agree to notify Time4Learning if you wish to use a different Payment Method to renew your Membership or place your Membership on Hold prior to the end of your current month term in order to avoid the cancellation of your Membership due to non-payment.
Time4Learning Proprietary Rights
You acknowledge and agree that the Service provided by Time4Learning, 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 Time4Learning, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Time4Learning 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 Time4Learning website.
Grant of Limited License. Time4Learning 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 Time4Learning for use in accessing the services.
Restrictions of Use. You understand that the Software and Service offered by Time4Learning 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. Time4Learning 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 © 2012-2016 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
Time4Learning 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 Time4Learning.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 Time4Learning service in a way that constitutes copyright infringement, you may notify us via email by providing Time4Learning the following information:
- 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;
- Identification of the specific language, image(s) or functionality on the Time4Learning website or iOS App that you believe to be infringing;
- Identification of the URL or other specific location on the Time4Learning website or iOS App where that material is located;
- Your name, title, organization, website address, mailing address, telephone number, and e-mail address;
- 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;
- 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
- 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.
Time4Learning provides resources for the online writing courses offered by Time4Writing.com, an educational website providing remedial and regular writing programs led by certified teachers that efficiently boost students’ writing abilities. Time4Learning’s website is integrated with the Science Songs** found on the Educational Games Website and Building Vocabulary** websites. Time4Learning is grateful to Vocabulary.co.il, a website offering vocabulary software** that helps students learn and build vocabulary** such as SAT vocabulary**, ESL vocabulary** and vocabulary for regular academic progress.
You agree to indemnify and hold Time4Learning, 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 Time4Learning 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. TIME4LEARNING PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TIME4LEARNING 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. TIME4LEARNING 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 TIME4LEARNING 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 TIME4LEARNING 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
Time4Learning is a tool to assist your child for education and entertainment purposes. Because every child learns differently, Time4Learning 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 Time4Learning at any time by publication through the Time4Learning website or by sending you an email. You are responsible for regularly reviewing the Time4Learning 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. Upon request, remaining subscriptions costs will, if cancelled due to a change of Terms of Service, not be billed.
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 Time4Learning 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.
The Terms of Service constitute the entire agreement between you and Time4Learning and govern your use of the Service offered by Time4Learning. The Terms of Service supersede all prior agreements between you and Time4Learning. 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 Time4Learning 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.