This Terms of Service governs your use of our Fueling Brains Application (collectively “the Fueling Brains Service”, “the Service” or “Fueling Brains”). By creating an account on Fueling Brains, you agree to be bound by our Terms of Service (our “Terms”). If you don’t agree, please don’t use Fueling Brains. These Terms include a Binding Arbitration clause. Please read below to see how you can opt-out if you so choose.

OUR PRIVACY PROMISES

Protecting your privacy is fundamental to our mission and business. The following summarize our promises to you.

We never sell your data or student data.

We never advertise in Fueling Brains software

We use the security industry practices to protect you.

We are transparent about our practices and will notify you if things change.

FUELING BRAINS AND PARENTAL CONSENT

It's the schools responsibility to get all consents if required by their state or federal guidelines

FUELING BRAINS AND FERPA

Data collected by Fueling Brains may include personally identifiable information from education records that are subject to the Family Educational Rights and Privacy Act, “FERPA”, ("FERPA Records"). To the extent that Student Data includes FERPA Records, you designate Fueling Brains as a "School Official" (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and Fueling Brains agrees to comply with FERPA.

CREATING A TEACHER ACCOUNT

Only school administrators can create a class on Fueling Brains. Once the class is created, our team will work with your school to get the required information into the classroom.

 

You should consult with your school or school district to ensure that you obtain proper consent to use Fueling Brains in the classroom consistent with their policies.

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When you create a Fueling Brains class, you agree that:

1. Any students you add to your class are current students in your class.

2. Any additional teachers you add to your class are authorized by your school to access student records.

3. You will use Fueling Brains only for lawful purposes and abide by applicable law and school and school district policies in your use of Fueling Brains.

4. You will treat Fueling Brains as an extension of the classroom and take reasonable steps to confirm that teachers and administrators are using Fueling Brains appropriately.

5. You will take reasonable measures to protect access to information contained in Fueling Brains.

6. You will only invite parents, guardians, and other trusted adults to view student records.

SUBMISSIONS TO THE FUELING BRAINS ACTIVITY LIBRARY

Teachers may choose to publish activities they create to the public Community Activity Library or an Activity Library managed by their school or district. By choosing to submit your activity to the Activity Library, you’re telling us that:

 

You are the copyright holder, you have the consent of the copyright holder, or you have a valid legal basis (for example, fair use) for posting any content you submit to Fueling Brains.

 

You have secured permission to share the photograph of any person included in your activity.

Any activities you submit are shared and you give up the rights to the activity for the use of the community By submitting your activity to the Community Activity Library you understand that:

 

Your activity will be publicly accessible by the Fueling Brains Community unless you choose to remove it. Your name and other activities you have contributed to the library will also be visible as part of your Activity Author Profile.

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For as long as your activity is published to the Library, your activity may be shared by Fueling Brains (for example on our website or in an email) and by teachers using Fueling Brains. Teachers using Fueling Brains may also modify your activity and

re-share it with their students or other teachers.

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If you remove your activity from the library, prior copies of your activity or modified versions of your activity may still exist in other teachers’ accounts and will not be removed.

 

Student responses to activities are not shared in the Activity Library.

 

You grant Fueling Brains the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content to the community within the context of the Fueling Brains service.

 

Fueling Brains reserves the right, but has no obligation, to delete content posted on our Services if we receive a valid takedown notice or if your content violates any of our Prohibited Activities.

FUELING BRAINS INTELLECTUAL PROPERTY

Fueling Brains is protected by copyright, trademark, and other intellectual property laws. Fueling Brains and its licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display Fueling Brains solely in connection with your permitted use of Fueling Brains. Any rights not expressly granted here are reserved.

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Unauthorized use of Fueling Brains logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.

COPYRIGHT POLICY

Fueling Brains complies with the Digital Millennium Copyright Act.

PROHIBITED ACTIVITIES

All users agree that they will refrain from the following prohibited activities when using Fueling Brains.

• Don’t use Fueling Brains in a manner that violates any applicable laws, regulations, ordinances, or directives.

• Don’t use Fueling Brains in any manner that would be inappropriate for the classroom or violates applicable school or school district policies.

• Don’t use Fueling Brains to lie or mislead other users.

• Don’t use Fueling Brains to distribute unsolicited or unauthorized unsolicited communications, promotions, advertisements or spam.

• Don’t use Fueling Brains to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.

• Don’t do anything that interferes with the proper functioning of any software, hardware, or equipment that belongs to Fueling Brains or anyone else.

• Don’t impersonate Fueling Brains or our users on Fueling Brains or elsewhere.

• Don’t interfere with anyone’s use or enjoyment of Fueling Brains.

• Don’t use personal information about other users, including students, without consent or as forbidden by applicable law or regulation.

• Don’t use Fueling Brains in a way that infringes the intellectual property rights of others.

ACCOUNT SUSPENSION AND TERMINATION

Fueling Brains reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates our Terms or other policies. In addition, Fueling Brains reserves the right to terminate any account at any time for any reason without notice to you.

ABANDONED ACCOUNTS

Fueling Brains reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year.

Prior to terminating an abandoned account, Fueling Brains will notify the teacher or school associated with the account by email.

SECURITY

Fueling Brains takes protecting your security and privacy seriously and we've put a number of measures in place to protect the integrity of your information. In the event of a security breach, we will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe.

CHANGES TO OUR TERMS

Fueling Brains may modify our Terms from time to time. Fueling Brains will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our site. If you as a teacher, parent, or school administrator continue to use Fueling Brains after you receive such a notice, you agree to be bound by any changes to our Terms.

WARRANTIES AND DISCLAIMERS

YOUR USE OF FUELING BRAINS IS AT YOUR SOLE RISK. FUELING BRAINS AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH FUELING BRAINS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUELING BRAINS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FUELINGIBRAINS AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FUELING BRAINS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE FUELING BRAINS SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE FUELING BRAINS SERVICE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

INDEMNITY

You agree to indemnify and hold harmless FUELING BRAINS from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of Fueling Brains; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms. Fueling Brains will give you written notice of any such matter; however, any failure or delay by Fueling Brains to do so does not negate your defense or indemnification obligations or waive Fueling Brains’ rights to seek payment or defense or indemnification from you. Fueling Brains 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 with Fueling Brains in our defense of these claims. You will not settle any claim that affects Fueling Brains or our affiliates without our prior written approval.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Fueling Brains will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if Fueling Brains has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use Fueling Brains; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on Fueling Brains; or (e) Fueling Brains’ decision to publish or remove any information on our service.

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In no event shall Fueling Brains’ total liability to you for all damages, losses, or causes of action arising out of or relating to our Terms exceed: (1) the amounts you paid to access Fueling Brains during the twelve (12) months immediately preceding the date of your claim, or (2) one thousand U.S. dollars, whichever is greater.

 

The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.

LAW GOVERNING LEGAL DISPUTES

The laws of the State of Texas govern this agreement, as well as any dispute, claim, or controversy that may arise between you and Fueling Brains, without conflicts of law provisions.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against Fueling Brains, you agree to try to resolve the Dispute informally by contacting help@fuelingbrains.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Fueling Brains may bring a formal proceeding.

WE BOTH AGREE TO ARBITRATE

You and Fueling Brains agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by contacting help@fuelingbrains.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

 

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Texas, or any other location we agree to.

 

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Fueling Brains will pay all arbitration fees for claims less than $75,000. Fueling Brains will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

 

Exceptions to Agreement to Arbitrate: Either you or we may assert claims, if they qualify, in small claims court in Texas(CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Seesaw products or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS ACTIONS

You may only resolve Disputes with Fueling Brains on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

FEEDBACK

We welcome your feedback and suggestions about Fueling Brains. Please email us at help@fuelingbrains.com at any time.

ENTIRE AGREEMENT

These Terms (and any other policies we refer to in this document) make up the entire agreement between you and Fueling Brains., and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If Fueling Brains fails to enforce any part of these Terms, such a failure does not constitute a waiver.