Last Modified: July 12, 2023
Types of Users and Eligibility
- “Teachers” are educators and instructors teaching one or more classes (each, a “Class”) in which the Website or content replicated therefrom is used. Teachers may register for or may be provided access to Teacher Accounts wherein they may review and evaluate content, prepare lessons, monitor the progress of students enrolled in the Classes they teach.
- “Students” are students enrolled in Classes. Students may be provided access to Student Accounts wherein they may review content and interact with the Website. Students may not register for access to Student accounts directly. They may only have access to the Website if provided by a Responsible Adult, as hereinafter defined.
- “Administrators” are employees of schools or school districts (collectively, “Schools”) that are enrolled in Administrator Accounts in order to use the Website to monitor the progress of and performance of Students and Teachers across multiple Classes.
- “Parents” are immediate family members over 18 years of age or legal guardians of Students. Parents may register for access to Parent Accounts wherein they may review and evaluate content and monitor the progress of Students for which they have provided access to the Website.
If we make any changes to the way Student data is collected, used, or shared by the Website or the Company, we will also send an e-mail to all affected accountholders using the contact information we have on file with additional information regarding the collection of such data and available options regarding data collection and us, before the data is used in any manner inconsistent with the terms previously provided to Users.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must NOT:
- Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or revere engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable statutory law.
- License, sell, rent, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Website.
- Use framing techniques to enclose any trademark or logo on the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website.
- Except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, provided that you may reproduce or print certain content made available through the Website, as designated by the Company, on behalf of your Students who have User Accounts.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, the terms “Smart is a Process™,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses, social media handles, or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
In order to access certain features of the Website, you must have a registered account (an “Account”). Accounts are categorized as “Student,” “Parent,” “Teacher” and “Administrator.”
If you are under age 18, you may only register for and use the Website under the supervision of an adult, in which case the adult will be deemed the User and will be responsible for any and all activities.
In registering for the Website, you (a) agree to provide all necessary information about yourself and your School, if applicable (“Registration Data”); (b) represent and warrant that all Registration Data is true, current, and complete; and (c) agree to maintain and promptly update the Registration Data to keep it true, current, and complete.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify the Company immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or any false or inaccurate information, or on behalf of someone other than yourself. You agree that you must not have more than one Account at any given time. You agree not to create an Account or use the Website if you have been previously removed by the Company, or if you have been previously banned from the Website.
Currently, the Company offers two different types of Accounts to access the Website for educational professionals on behalf of a School: Teacher Accounts and Administrator Accounts. Authority to create either of these Account types will be determined by the appropriate individual representative of a School.
In the event that you are no longer (a) employed by your School or (b) otherwise authorized to view or use Student records, you (i) must notify the Company immediately of such change and (ii) are not permitted to continue to view or use your Account.
Using your Administrator, Teacher, or Parent Account, you may create individual Student Accounts following the instructions on the Website or otherwise as directed by the Company, as permitted by the Company in its sole discretion. You may only create or facilitate the creation of an Account for a Student for which you have consent and authority to do so. By entering a Student’s information into the Website, you represent and warrant that you have all necessary consent and authority, including from the Student’s legal guardian, to create an Account on such Student’s behalf.
If you use the Website with Students under 13 years of age, you represent and warrant that (a) you are a Teacher or Administrator at a School or the Student’s Parent and (b) if you are a Teacher or Administrator, that you have accurately identified such School in your Registration Data.
Student Accounts are for use by Students who are accessing the Website through a specific School in connection with a Class taught by a Teacher or with their Parent.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, polling questions, assessment questions, requests for feedback, broadcast communication portals, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Notwithstanding the foregoing, User Contributions and other data that may be collected by the Company that qualify as Student Data will be subject to different restrictions as set forth below.
“Student Data” includes all data that personally identifies a student, such as name, address, username, and password, or any other non-public information about a Student, such as a Student’s educational records and performance, but does not include De-Identified Data (as defined below). The Company will only collect and use Student Data as necessary to fulfill its duties and provide and improve the Website.
Teachers and Administrators using the Website are solely responsible for ensuring that you and your School are compliant with all applicable laws and regulations related to your disclosure of Student Data and other Student information (“Student Records”) to the Company in connection with the Website, including, but not limited to the Family Educational Rights and Privacy Act (“FERPA”). Without limiting the generality of the foregoing, for all Student Records disclosed to the Company, you represent and warrant, to the extent required by applicable law, such as FERPA, that your School has (a) notified such Students’ parents or legal guardians of your use of third party services, including the Website, and the potential disclosure of Student Records in connection with such use and (b) obtained the appropriate consent(s) from the parents or legal guardians of such Students. If such Student is 18 years old or older, the notice and consent requirements of (a) and (b) will apply to the Student instead of such Student’s parent or legal guardian.
By making available any Student Data to the Company, including on or through the Website, you grant to the Company a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute and display Student Data solely for the purposes of (a) maintaining the Website and (b) creating, using, and disclosing De-Identified Data about Students for product development, research, or other purposes.
The Company will store and process all Student Data in accordance with industry standard practices. This includes appropriate administrative, physical, and technical safeguards to secure Student Data from unauthorized access, disclosure, and use. The Company will conduct periodic risk assessments and use commercially reasonable efforts to remediate identified security vulnerabilities. The Company will also have an incident response plan and will promptly notify the relevant School in the event of a security or privacy incident or breach of personal information involving such School’s Users.
The Company will not (a) sell or trade Student Data; (b) use any Student Data to advertise or market to Students or their parents or legal guardians; or (c) use Student Data except as expressly stated herein. From time to time, the Company may direct advertising or marketing to Schools but will de-identify any Student Data used in connection with such marketing efforts.
The Company will make certain Student Data available to Parent, Teacher, and Administrators through their Accounts and all other Student Data available upon a verified request by the School, Teacher, Parent, or Administrator who provided such Student Data or who would otherwise have verified authority to receive such Student Data.
The Company does not scan Student Data for the purpose of advertising or marketing to Students or their parents or legal guardians (also known as “Data Mining”).
When Student Data is no longer needed for the maintenance of the Website, at the request of the School, Student, or Student’s parent or legal guardian, as applicable, the Company will destroy all Student Data in its possession, and in the possession of any subcontractors or agents to which the Company transferred Student Data, or transfer such Student Data to the requesting School, if legally permitted.
All intellectual property rights in Student Data not granted herein will remain the exclusive property of the School, Student, or Student’s parent or legal guardian, as applicable.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards; User Code of Conduct
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including submission of work of others as your own or other attempts to cheat on assignments.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to email@example.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Terms of Sale
Annual Contract, Prepaid by Credit Card
Your subscription begins on the start date specified on your invoice or provided to you at the time of purchase. You will be charged, in one lump sum, the annual stated rate, plus applicable taxes, if any. You authorize us to store your payment method(s). Your payment is non-refundable. Your service will continue until the end of your contracted term. You may update your payment information at any time by contacting your sales representative or our customer support team.
Annual Contract, Bank Transfer and Check
Your subscription begins as soon as your initial order is processed. Full payment of the stated annual rate, plus applicable taxes, if any, is due within 15 days of placing your order unless otherwise communicated to you in writing. Your payment is non-refundable. Your service will continue until the end of your contracted term.
Pursuant to your subscription, we are providing you and your users access to our proprietary electronic online software platform through which we publish our educational services, which will be available to you and your users through our website, the e-mail-based newsletters we send to you, digital publications, videos, podcasts, social media posts, and other channels, known collectively as the software. We are the exclusive owner of all right, title, and interest in the software. We are not responsible for, and you will not receive any reimbursement for, any software or server downtime, server delayed response time, network problems, or any other service interruptions related to the performance of the software.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and, in addition, your use may be subject to additional terms not included herein.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Other Miscellaneous Terms
Your Comments and Concerns
This website is operated by The Juice, LLC, 3725 Leafy Way, Miami, Florida 33133, United States of America.
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website should similarly be directed to: email@example.com.