Terms of Service

Welcome to the Boddle, a game-based practice & assessment platform, which is owned by Boddle Learning, Inc (“Boddle,” “we,” “us,” “our”). Please read the following Terms of Service (“ToS”) and our Privacy Policy.

Acknowledgement

By using our software, or by clicking on a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in, you may not use the website.

Privacy

We collect, store, and use data collected from you in accordance with our Privacy Notice, located at (https://boddlelearning.com/privacy-policy). The terms and conditions of the Privacy Notice are incorporated into this ToS

As between Boddle and you, any personal information that we collect from you that includes any information that is directly related to a student that is maintained by your school district, your school or by us, as part of the provision of Boddle, (“Student Data”) belongs to you and we claim no right, title, or interest in any Student Data that is made available to us. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (FERPA).


Usage Requirements

In order to use Boddle, you must have:
• an account;
• a browser device, or mobile device that meets or exceeds the system requirements; and
• Internet access.

We do not guarantee that Boddle will be compatible or operate with your browser, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access Boddle. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Boddle. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of Boddle and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.

Storing Credentials Boddle may allow you to store your login credentials in the game so that you can be automatically logged in each time you access Boddle. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your Boddle account. You are responsible for our damages resulting from unauthorized access to Boddle from your account and we will have no liability for your damages or loss related to such unauthorized access or use.

Your Account You must have an account to use Boddle. When you create an account, you may have the option to select a unique username. Your username must be appropriate and not offensive. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.

This account is personal to you and you may not share it or allow any other person to utilize your account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.

Removal of Access

We have the right at all times and without notice to you to review and audit your access and use of Boddle and your compliance with the terms of this ToS. We may suspend or terminate your Boddle account and your access to Boddle at our sole discretion and without liability to you if we believe you have violated the terms of this ToS.

Changes to Boddle

We may discontinue or alter any aspect of Boddle, remove Content from Boddle, restrict the time Boddle is available, install bug fixes, updates, patches, and other upgrades to Boddle, and restrict the amount of use permitted at our sole discretion and without notice or liability. Your only remedy is to discontinue using Boddle if you do not want a modification we make to Boddle.

Feedback

We welcome your comments, feedback, information, or materials regarding Boddle or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property when you submit it to us. You irrevocably assign to us all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use your Feedback on an unrestricted basis. You hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

Ownership & Intellectual Property

Boddle is licensed, not sold. All images, trademarks, service marks, and logos displayed in Boddle and all accounts, features, and components of Boddle are our property. Third party materials in Boddle are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of this ToS. Boddle is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party.

All User Representations You represent and warrant that:
• you are over the age of 18, have a parent’s consent to access and use Boddle, or otherwise have the power and authority to enter into and perform your obligations under this ToS;
• all information provided by you is truthful, accurate and complete;
• you will comply with the terms and conditions of this ToS and any other agreement that is related to your use of Boddle, User Content, Feedback, or any part thereof;
• you have provided and will maintain accurate and complete account information;
• immediately notify us in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security;
• your access to and use of Boddle or any part thereof will not violate any other agreement, contract, terms of use, or any law or regulation; and
• you will not use Boddle in order to gain competitive intelligence about us, Boddle, or to otherwise compete with us.

Feedback In the event you provide any Feedback to us, you make the following additional representations and warranties:
• you are owner of such Feedback or have the right to grant to us the licenses or assignments granted pursuant to this ToS;
• you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments;
• the Feedback does not violate the rights of any third party;
• the Feedback does not contain any personally identifiable information about third parties;
• the use of any Feedback will not result in harm or personal injury to any third party; and
• all factual information contained in the Feedback is true and accurate.

Disclaimers

Errors and Availability We use reasonable efforts to maintain Boddle, but we are not responsible for any defects or failures associated with Boddle, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. Boddle may be inaccessible or inoperable at any time and for any reason.

Disclaimers of Warranty To the full extent allowed under applicable law, we expressly disclaim all warranties, express, implied or otherwise, including, without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant and specifically disclaim any representations that Boddle will meet your requirements, that access to or operation or use of Boddle will be uninterrupted or error free, that defects in Boddle, if any, will be corrected, or that results will be timely, accurate, adequate or complete. Boddle is provided “as is” and “as available” and we do not guarantee Boddle’s availability or uptime.

Limitation of Liability

To the extent permitted by law:
• under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages; and
• our total liability for any claims under this ToS, including for any implied warranties, is limited to the amount you paid to us to access and use Boddle.

The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnity

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of Boddle, your breach or alleged breach of this ToS, your unauthorized use of User Content, unauthorized use of your Boddle account, or your violation of any rights of any other person.

Term and Termination

This ToS is effective until you or Boddle terminates it. You may terminate this ToS at any time by discontinuing your use of Boddle. We may terminate this ToS at any time and for any reason without prior notice to you, and accordingly, we may deny you access to Boddle and discard any Feedback you provide. Termination of this ToS will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this ToS, you must terminate all use of Boddle and any information or materials that have been provided to you. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this ToS.

Notifications

You can contact us through Boddle or by email. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by email or through posting notices to your account. You agree that all communications that we send to you electronically satisfy any legal requirement that communication be in writing. Send a written notification to us by certified and registered mail to 512 Delaware Street, Kansas City, MO 64105 if you do not want to receive legal notices electronically.

Governing Law and Exclusive Forum

This ToS will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Delaware, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this ToS will be in any court located in or having jurisdiction in the State of Delaware. You irrevocably submit and consent to the personal jurisdiction of such courts.

Compliance with non-US Law

We do not make any representation that Boddle, User Content, or other material or information provided through Boddle is appropriate to or available in locations outside of the United States. You may not use Boddle or export User Content in violation of United States export laws, regulations, or restrictions. If you access Boddle from outside of the United States, you are responsible for compliance with all applicable laws.

Miscellaneous

You agree that breach of the provisions of this ToS would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. We have the right to enforce the provisions of this ToS by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this ToS. This ToS controls the relationship between Boddle and you. This ToS does not create any third party beneficiary rights. Our failure to enforce the provisions of this ToS does not constitute a waiver of our right to enforce them. If any term or provision of this ToS is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this ToS will remain in full force and effect, and the invalid, illegal, or unenforceable term or provision will not be considered to be part of this ToS. You may not assign, transfer, delegate, or sell (voluntarily or by operation of law) your rights or obligations under this ToS without our prior written consent. Any assignment without our consent will be void and will be a breach of this ToS. We may assign this ToS or delegate or subcontract our obligations under this ToS at any time. The provisions of this ToS that by their content are intended to survive the expiration or termination of this ToS, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this ToS, will survive the expiration or termination of this ToS for their full statutory period. If there is a conflict between this ToS and any additional policies, disclaimers, guidelines, or rules of specific application, the additional policies, disclaimers, guidelines, or rules of specific application will control.

Changes

We reserve the right to change, modify, add, or remove portions of this ToS at any time without prior notice. We will notify you of any changes to this ToS by sending you a communication through Boddle. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified ToS you should immediately discontinue your use of Boddle.

Boddle is designed and operated by Boddle, Inc. All inquiries may be directed to:

Boddle Learning, Inc
512 Delaware Street
Kansas City, MO 64105