Terms of Service

TERMS OF SERVICE

Scientific Learning Corporation (“we” or “SLC”) provides BrainPro to you, subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.

DESCRIPTION OF PROGRAM

BrainPro is a family of services that include interactive learning programs accessed using a web browser. In these TOS, the BrainPro website (brainsparklearning.com), the BrainPro services, and the service of providing access to the  software exercises included are collectively called BrainPro.  BrainPro is provided and operated by Scientific Learning Corporation.

Access to BrainPro requires that a subscription be purchased at the cost specified on BrainPro or by the BrainPro service representative. Which software exercises and services you may access depends on what kind of subscription you have purchased.

Once a parent purchases a subscription, the parent receives an account. From this account the parent can activate a subscription to the specified BrainPro program for their child. The child may then use the learning exercises in the product. If BrainPro services have been purchased, you will also then have access to the applicable services.

There is a cost for the subscription. You are responsible for paying the subscription fee and for obtaining and maintaining all equipment and internet service required to use BrainPro as described in our System Requirements at your own expense.

If you purchase the BrainPro services, you will initially sign up for a specified period. After that initial period or after any later specified period that you may purchase, your subscription will continue on a month-by-month basis, and your credit card will be charged for monthly fees, until you cancel your subscription. 

Any subscription period purchased is a consecutive period, and may not be interrupted and re-started. However, if after you have completed your initial multi-month BrainPro subscription period you then stop your subscription, you may reactivate either on a month-to month basis or by purchasing any multi-month subscription period then offered for the applicable BrainPro offering.

The ability to cancel your subscription and to seek a refund is limited by the terms of our Refund and Cancellation Policy. No changes, cancellations or refunds are available except in accordance with that Policy.

PROPRIETARY RIGHTS AND RESTRICTIONS

BrainPro may be used only by the persons for whom a subscription has been purchased, and only for the term of that subscription. Each subscription may be used by only one person, for that person’s own personal educational purposes.

SLC reserves all rights, title and interest in and to BrainPro, including all intellectual property rights. No rights are granted to users or purchasers except as provided in this TOS.

You agree on behalf of yourself and any learner for whom you activate a subscription not to: (1) modify, copy or create derivative works based on BrainPro; (2) frame or mirror any content forming part of BrainPro; (3) reverse engineer all or any part of BrainPro; or (4) access BrainPro in order to build a competitive product or service or to copy any ideas, features, functions or graphics of BrainPro.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create a BrainPro account. During registration, all users are required to provide accurate, complete, and current information about themselves in all required fields. Should any of your own information change after submitting it to us, you are required to update that information as soon as possible. Should we suspect that your personal information is not complete, current, or accurate, your account, and your access to the product, may be subject to suspension or termination.

Should you feel that the BrainPro privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@brainsparklearning.com. You must be 18 years of age or older to acquire a subscription to use BrainPro or to create a parent or purchaser account on BrainPro. When you register, you represent and warrant that you are at least 18 years of age and are otherwise authorized to enter into a validly binding agreement on behalf of yourself and for any child who will use the product. When you activate a subscription, you further represent and warrant that you are authorized to provide any personal information you share with BrainPro and that your conduct in connection with BrainPro complies with any and all applicable laws.

PARENTAL RESPONSIBILITY

Please remember that BrainPro is designed to be used by children under the supervision of their parents. It is your responsibility to determine whether each of the BrainPro areas is appropriate for your child. As the parent or legal guardian of the user of an activated subscription to BrainPro, you are responsible for your child’s use of BrainPro.

BRAINPRO AND BRAINSPARKLEARNING.COM PRIVACY POLICY

Your use of BrainPro is subject to the BrainPro privacy policy. For information on the BrainPro privacy policies, please see the entire privacy policy.

INDEMNITY

You agree to indemnify and hold SLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of BrainPro, your connection to BrainPro, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using BrainPro. Parents or legal guardians who activate subscriptions to BrainPro are solely responsible for the actions of users of the subscription as if they were the user of the products and website.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may send you emails regarding your use of BrainPro. However, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that we may establish limits concerning use of BrainPro and may modify these limits at any time. These limits may include the length of time data associated with a subscription may be stored, storage amounts, and access restrictions.

MODIFICATIONS

We reserve the right to modify or discontinue BrainPro, temporarily or permanently, with or without notice at any time. You agree that BrainPro shall not be liable to you or to any third party for any such modification, suspension, or discontinuance, except that if we permanently discontinue BrainPro so that you cannot access the BrainPro exercises during the period of your paid subscription, we will refund to you that portion of your subscription price that relates to the period after which the site was permanently discontinued.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of BrainPro, or the right to use or access BrainPro, or otherwise use the BrainPro for any commercial purpose.

TERMINATION

You agree that we, in our sole discretion, may terminate your password(s), username(s), or account(s) and remove and discard any content relating to you in BrainPro if your subscription has expired, if you have failed to make any payment due with respect to BrainPro, or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at our discretion, will be terminated as well. Any such termination may be effected with or without prior notice.

LINKS

BrainPro, or relevant third parties, may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that SLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We do not endorse or adopt, and make no representation or warranty as to the safety, accuracy, or completeness of, those websites or their content. You further acknowledge and agree that SLC 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 website or resource.

BRAINPRO AND BRAINSPARKLEARNING.COM PROPRIETARY RIGHTS

You acknowledge and agree that BrainPro may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All BrainPro code and specifications, and all other related code and specifications, are made available subject to their express or implied licenses. Except as expressly authorized by SLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on BrainPro, in whole or in part.

USER GENERATED CONTENT

BrainPro may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible to visitors and users of BrainPro (collectively and individually “Content”). All Content, whether publicly posted on or privately transmitted via BrainPro is the sole responsibility of the person from whom the Content originated and not of SLC, its shareholders, directors, officers or employees. If you own your Content this agreement does not limit your ownership in any way. Whatever rights you have in Content you post you retain. BrainPro may review and delete any Content, in whole or in part, that in its sole judgment violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. It is your responsibility to evaluate the Content you post or make available.

GRANT OF RIGHTS BY YOU FOR YOUR CONTENT

While you retain any and all rights, including ownership, in any Content you make available through BrainPro, SLC needs certain rights to that Content and in that Content in order to make BrainPro available. Accordingly, you grant to SLC a non-exclusive, royalty-free, perpetual, world-wide, transferable license with the right to grant sublicenses through multiple tiers of sublicensees to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to render or deliver BrainPro. This license enables SLC to provide BrainPro and provide access to the Content as you request in connection with the operation of BrainPro and is not intended to otherwise limit your rights to your Content. BrainPro reserves the right to use your Content for advertising and promotional purposes.

RIGHTS OF BRAINPRO USERS

BrainPro grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Content of other users of BrainPro (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with BrainPro and other SLC websites in accordance with these Terms of Service and solely to the extent of the license granted by the user to BrainPro under these Terms of Service.

You understand that the BrainPro programs to which you have subscribed are made available to BrainPro users on an AS-IS, AS-AVAILABLE basis. BrainPro does not guarantee the availability of its products or the Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. BrainPro reserves the right to discontinue any aspect of BrainPro at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.

SERVICE OUTAGES

While we do not guarantee the availability of BrainPro, if you experience a Service Outage, as described below, we will add one week on to the term of your current subscription, in accordance with the procedures set forth below.  

A Service Outage occurs when (a) your child is completely unable to use the exercises in the BrainPro products for which you have purchased a subscription for a period of 72 consecutive hours (excluding any outage time that occurs within the scheduled maintenance window) and (b) the SLC Systems or the failure of the SLC Systems to remain connected to and available over the Internet caused this inability.  The SLC Systems means the BrainPro website (brainsparklearning.com), the BrainPro exercises for which you have purchased a license, the SLC servers on which these are hosted, and the associated software on such servers and associated SLC hardware for hosting and making the BrainPro website and exercises available over the Internet.   For the avoidance of doubt, any inability of your child to access and use the BrainPro products due to any of the following shall not constitute a Service Outage: failures, incompatibilities or other issues with respect to the user’s equipment or software, failure of the user to have and maintain access to the Internet and the ability to generally access websites on the World Wide Web, or any general communication, availability or performance failures or similar issues with respect to the Internet.

The additional week will be added only if you report the outage to BrainPro support within 24 hours after the beginning of the 72 consecutive hour period. 

SCHEDULED MAINTENANCE

BrainPro is scheduled for maintenance each Thursday from 9pm until 1am Friday morning, Pacific time, and will not be available for use during those hours.  The scheduled maintenance window may be changed by SLC at any time; any such change will be posted on the BrainPro website.

USER AND LEARNER CONDUCT

You agree on behalf of yourself and any learner for whom you activate a subscription to NOT use BrainPro to:

1. Harm minors in any way;
2. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
3. Impersonate any person or entity, including, but not limited to, an SLC or BrainPro staff member, or falsely state or otherwise misrepresent your affiliation with SLC, BrainPro or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through BrainPro;
5. Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt BrainPro or servers or networks connected to BrainPro, or disobey any requirements, procedures, policies or regulations of networks connected to BrainPro;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission and any regulations having the force of law;
11. “Stalk” or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group, or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
14. Use BrainPro as a forwarding service to another website;
15. Allow usage by others in such a way as to violate the BrainPro TOS or engage in commercial activities within BrainPro or on behalf of BrainPro without prior approval;
16. Solicit passwords or personal identifying information for unintended, commercial, or unlawful purposes from other users.
17. Exceed the scope of the service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so.
18. Make excessive or otherwise harmful automated use of the system.

If SLC determines, in its sole and absolute discretion, that any user is in violation of the TOS, we retain the right to terminate such user’s account at any time without prior notice.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF BRAINPRO IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLC 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. (b) SLC MAKES NO WARRANTY THAT (i) BRAINPRO WILL MEET YOUR REQUIREMENTS, (ii) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BRAINPRO 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. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BRAINPRO 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 OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAINSPARKLEARNING.COM OR THROUGH OR FROM BRAINPRO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLC 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 SLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BRAINPRO OR ANY PART THEREOF; (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 BRAINPRO; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BRAINPRO; OR (v) ANY OTHER MATTER RELATING TO BRAINPRO.

YOU HEREBY RELEASE AND FOREVER DISCHARGE SLC, ITS OFFICERS AND DIRECTORS, AND ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS “RELEASED PARTIES”, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR CHILD’S USE OF BRAINPRO. YOU UNDERSTAND THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES YOU OR YOUR CHILD MAY HAVE AS A RESULT OF HIS OR HER USE OF BRAINPRO REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

Revised May 2012