Terms of Service
Last updated: January 25, 2022
Thank you for your interest in using the online services operated by Echo Array Leaning LLC (“Echo Array Learning”, “us”, “we”, "our"). The following Terms of Service (the "Agreement" or "Terms") govern the use of the web applications or websites, mobile applications or mobile websites, and software provided on or in connection with www.echoarray.com (collectively, the "Service"). These Terms constitute a legally binding agreement made between you and us. Your access to and use of the Service is conditioned on your acceptance of these Terms.
By accessing or using the Service, or upon clicking a checkbox marked, "I agree to the Privacy Policy and Terms of Service", you signify that you have read, understood and agreed to be bound by these Terms, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of the Service.
This Agreement applies to all visitors, users, and others who access or use the Service ("you" or "Users"), and Echo Array Learning reserves the right to modify this Agreement and provides notice of updates to you.
IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, PLEASE DO NOT ACCESS AND USE THE SERVICE.
1. THE SERVICE
The Service, which includes a platform and associated instructions for computing and graphing symbolic expressions, helps its users learn and practice mathematics by entering arrays of elements such as operation names, expressions of math functions and equations, numbers and variables, keywords and related values. You agree that the Service is provided for informational purposes only, and that Echo Array Learning assumes no responsibility for verifying or explaining the outputs (e.g., results, graphs, and other relevant expressions and statements) generated from your use of the Service.
We are committed to improving the Service, and may modify the Service from time to time. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as is", and we do not guarantee the accuracy of all information contained in the Service or otherwise generated from your use of the Service.
You understand and agree that your use of the Service is at your own risk, and that Echo Array Learning assumes no responsibility for any mistakes, errors, omissions, any unavailability, deletion or loss of any data relating to the Service. You further understand and agree that Echo Array Learning will not be liable under any circumstances for damages of any kind from your use of any results relating to the Service for any purposes.
To use the Service, you must have access to the Internet through some necessary access devices at your own expense. Echo Array Learning grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to use the Service.
As a user of the Service, you agree not to: (1) copy, modify, sublicense, or sell any portion of the Service for any commercial purpose; (2) attempt to obtain unauthorized access to the Service, or otherwise obtain the source codes of our software in any manner or form; (3) interfere with, disrupt, or create an undue burden on the Service; and/or (4) use the Service in a manner inconsistent with any applicable laws or regulations.
2. ELIGIBILITY AND AUTHORITY
The Service is intended for individuals who are at least 13 years old, and persons under 13 years of age are not permitted to use the Service. If you are at or above 18 years of age, you can register an Echo Array Learning account.
If you are under 18 years of age, you must have the permission of, and be directly supervised by, your parent or legal guardian to register and use the Service, and you must have your parent or legal guardian read and agree to these Terms prior to your access to or use of the Service.
If you are a parent or legal guardian and sign up for an account to provide the Service to your child, you represent and warrant that your child is at least 13 years of age, and you are required to use your email and a username, which cannot be used to identify your child, to create the account.
3. USER ACCOUNT AND ITS SECURITY
In consideration of your use of the Service, you are required to create an Echo Array Learning account by filling out our online registration form with true, accurate, current, and complete information (or "Registration Information"). You further agree to (i) maintain the accuracy of such information and promptly update such Registration Information as necessary, (ii) comply with this Agreement, or (iii) not to use the Service for any illegal or unauthorized purpose.
You will have an Echo Array Learning account after your completing the Service's online registration process. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Your account may not be shared with or transferred to others. You are responsible for maintaining the confidentiality of the access information (username, password, and email address) to your account and are fully responsible for all activities that occur in your account. You agree to immediately notify Echo Array Learning of any unauthorized use of your account or any other breach of security. To protect your account, ensure you exit from your account at the end of each use session.
4. USER DATA
We will retain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Further, you acknowledge and agree that the content you submitted to us, including the arrays of items you entered by using our services, and any questions, comments, suggestions, ideas, feedback, or other information regarding the Service, shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the use of such information for any lawful purpose, research, commercial or otherwise, without acknowledgment or compensation to you.
5. NOTIFICATION PROCEDURES AND MODIFICATIONS TO AGREEMENT
We reserve the right, at our sole discretion, to modify, update or replace these Terms of Service at any time, which will be reflected in the “Last updated” date set forth at the beginning of this Agreement. If a revision is material, we will try to provide notice of these changes to you (via email or through posting such notice on our website) prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. You understand and agree that your continued use of the Service constitutes your acceptance of the revised Terms of Service.
If you do not agree to any terms in this Agreement or to any terms in a future revision of this Agreement, do not use or access the Service.
6. MODIFICATION OR TERMINATION OF SERVICE
Echo Array Learning reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice, and has no obligation to update any information on the Service. We cannot guarantee the Service will be available at all times. You agree that Echo Array Learning shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Service or immediately delete your account and any content or information that you posted at any time, without warning, and in our sole discretion. You further agree that we shall not be liable to you or any third party for any termination of your access to the Service.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
All provisions of the Terms which by their nature should survive termination or expiration shall so survive, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. LINKS TO OTHER WEBSITES
The Service may contain links to the third-party websites or services that are not owned by Echo Array Learning. Because we have no control over such websites and resources, you acknowledge and agree that Echo Array Learning assumes no responsibility for the content, privacy policies, practices of any third party websites or services, or the availability of such external sites or resources. You further acknowledge and agree that Echo Array Learning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
8. ECHO ARRAY LEARNING'S PROPRIETARY RIGHTS
Unless otherwise indicated, you acknowledge and agree that the Service contains confidential information and proprietary property, and that all source codes, databases, functionality, software, website designs, texts, and graphics on the websites (collectively, the “Content”) are protected by copyright, trademark, and patent laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content on the Service is provided “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Service and no Content may be reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Content and the Service. 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 for the Service.
Echo Array Learning reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold Echo Array Learning, its officers, directors, agents, members, employees, representatives, subsidiaries, affiliates, and the like harmless from and against any claims, demands, liabilities, obligations, losses, or costs, including reasonable attorneys' fees and expenses arising out of or as a result of or relating to: (i) content you submit, post, transmit or make available through the Service; (ii) your use or misuse of or your connection to the Service; (iii) your breach of the Agreement; (iv) your violation of any applicable law or the rights of another person or entity; (v) any other party's access and use of the Service with your account; (vi) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vii) any overt harmful act toward any other user of the Service with whom you connected via the Service.
Notwithstanding the foregoing, Echo Array Learning reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. ECHO ARRAY LEARNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR CONTENT AND MATERIALS LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY ERRORS, OMISSIONS, OR INACCURACIES OF OUTPUTS DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICE, WHICH INCLUDE BUT NOT LIMITED TO RESULTS, GRAPHS, AND OTHER RELATED EXPRESSIONS AND STATEMENTS, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (5) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ARISING OUT OF YOUR USE OF ANY RESULTS OBTAINED BY YOU FROM THE SERVICE FOR ANY PURPOSES, (6) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, AND/OR (7) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
WE MAKE NO WARRANTY THAT (I) THE SERVICE AND ITS QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY ERRORS IN THE SOFTWARE AND SERVICE WILL BE CORRECTED.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL ECHO ARRAY LEARNING, ITS DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF USE, LOSS CAUSED BY A VIRUS, LOSS OF OR DAMAGES TO PROPERTY, OR OTHER LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
In no event shall Echo Array Learning or its directors, officers, or employees' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service, exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months preceding your claim or twenty dollars ($20), whichever is greater.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
13. GENERAL TERMS
This Agreement, together with any amendments and any additional agreements you may enter into with Echo Array Learning relating to the Service, shall constitute the entire agreement between you and Echo Array Learning and govern your use of the Service, superseding any prior agreements between you and Echo Array Learning. The failure of Echo Array Learning to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. Except for actions for nonpayment or breach of your or our proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or us more than one year after the cause of action has occurred.
14. CONTACT US
If you have any questions about these Terms, please contact Echo Array Learning, 800 Denow Road, #392 Suite C, Pennington, New Jersey 08534, or send us email through help@echoarray.com.
Effective Date: October 21, 2021