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Terms of Use & Privacy Policy

Terms of Use

Last updated: October 7, 2016

The following Terms of Use, or “Terms” are the rules that govern use of the websites operated by MIND Research Institute (“MIND”, “we”, “us”, “our”), including those located at mindresearch.org, stmath.com, and such other websites and mobile applications (“App(s)”) as may be operated by MIND (“Site(s)”), including our ST Math® software products that may be accessed by students or teachers via such sites and applications (the “Software”). By downloading an App or otherwise using a Site, you and the entity that you represent, if applicable (“you”, “your”) agree to comply with and be bound by these Terms. This Agreement also incorporates by reference our Privacy Policy located at www.stmath.com/terms#privacy-policy, as it may be updated from time to time pursuant to the terms herein and therein. Software licensed by parents/legal guardians for homeschooling will be subject to the end user license agreement (“Homeschooling EULA”) provided with such Software.

NOTE: SECTION 5 (Choice of Law; Dispute Resolution; No Class Actions) BELOW CONTAINS A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

  1. 1. Use of the Sites and Software.

    • Users of Our Sites and Software.

      Certain of our Sites host our ST Math® instructional Software, which has been developed for use by students from pre-kindergarten through high school (“Student(s)”), for the improvement of math-related skills and achievement. Students are provided access to our Software and Sites through their schools and school districts (collectively, “Local Educational Agencies” or “LEAs”), who utilize these services to assess their Students’ progress and supplement their mathematics curriculum.

      Student Users.

      If you are a Student, you may only use the Sites and Software if you are at least 13 years of age, or if you are otherwise using the Sites and/or Software with the consent and under the supervision of your parent, legal guardian, or teacher / school representative.

      Teachers/LEA Users.

      If you represent a school or other LEA, you hereby represent, warrant, and covenant on behalf of such school or other LEA that (a) you have the authority to disclose any Student Records (as defined under the Privacy Policy) provided to us for your Students hereunder, and have obtained all consents necessary for same, and (b) that you have not and will not breach any applicable laws in the collection, disclosure, or use of the Student Records hereunder.

      LEAs’ Obligations for Students Under 13.

      If you have Students under 13 who will use the Sites or Software, you expressly consent to the collection, use, and disclosure of personal information as set forth in our Privacy Policy from your Student users under the age of 13. You also agree to use the Sites and Software as well as any Student information you collect from such Sites and/or Software in accordance with our Privacy Policy and all applicable laws. You agree and acknowledge that you will not use the Sites or Software with any Student under 13 years old, unless you are an authorized representative of that Student’s LEA, with authority to consent to the collection use and disclosure of personal information from such Student.

      Acceptable Use Policies.

      You agree to use the Site in accordance with all applicable laws. Because MIND is a nonprofit, tax-exempt organization, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not post, upload, transmit, distribute, store, create or otherwise publish through any Site, or through any other MIND computing resources:

      • Content that defames or threatens others
      • Statements that are bigoted, hateful or racially offensive
      • Content that discusses illegal activities with the intent to commit them
      • Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
      • Material that contains vulgar or obscene language or images
      • Advertising, promotional materials, or any form of commercial solicitation

      You also may not:

      • harvest or otherwise collect personal information about users, including e-mail addresses, without their consent

      • use any robot, spider, crawler, scraper, bots or other automated means to access or use the Sites

      • introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations.

  2. 2. Use of the Sites and Software.

    • License from Us.

      Subject to your compliance with the Terms, MIND grants you a personal, non- exclusive, non-transferable license to (a) if you are a Student, or parent or legal guardian of a Student, using the App, download, install, and use the App, if applicable, on a mobile device; and (b) access and use the Site, including the contents and materials on the Sites, including reports generated from the Software, for your internal personal purposes, and not for commercial resale, sublicensing, time-sharing or service bureau usage. You may access the Site only for your own personal, non-commercial uses described herein. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any materials on the Site, including the Software. Any resale, redistribution, or publication of the Software or other contents on the Sites, or any modifications or derivative works, is prohibited. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you.

      Restrictions.

      Subject to the terms above, certain reports generated by the Software may be downloaded onto your computer or device through the use of the Software. If you download or print a copy of such content for personal use, you must retain all copyright and other proprietary notices contained therein. The use of bots, crawlers, spiders, data miners, scraping and other automatic access tools to collect any content on the Sites, including User Provider Materials (as defined below), or otherwise access the Sites is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or Software. Notwithstanding anything in the foregoing, you may not interfere copy, modify, distribute or reverse engineer, decompile or disassemble the Apps, Software, or other Sites, or make any derivative works based on any App, Software, or other Sites (including any customization, translation, or localization). Your compliance with the requirements in this paragraph is a condition to, and material inducement and consideration for, our granting you the right to download, access and use the Sites. Any unauthorized use or other activity by you in violation of these Terms of Use will cause the licenses granted to you under this Section 2 (Permission to Use the Sites) to terminate immediately and automatically. Nothing in these Terms of Use transfers or otherwise grants any ownership rights from us to you any intellectual property rights of MIND or any third party licensor; and all right, title and interest in, to and under any intellectual property rights in the Sites, Software, User Provided Materials, or other materials on the Sites will remain solely with the MIND Research Institute, its affiliates or such third party, as applicable.

  3. 3. User Provided Content.

    • You may use the Site for legal purposes only. The Sites may contain content submitted by you or other users ("User Provided Materials"). MIND merely hosts and provides tools to post and share User Provided Materials, and you agree and acknowledge that we have no liability with regard to such material. Furthermore, you agree that, if a third party claims that any User Provided Materials you have contributed to the Site is unlawful or breaches any intellectual property, privacy, or other rights of third parties, you will bear the sole burden of establishing that the material complies with all applicable laws and does not infringe any third party rights, and you will bear the sole and exclusive liability for any breach of applicable laws or any third party rights. MIND has the right to remove material from the Site, block access, or take other action with respect to the User Provided Material in its sole discretion.

      Your License Grant to MIND.

      By submitting User Provided Materials on any of the Sites, you hereby grant MIND a perpetual, irrevocable, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, display, distribute, provide access to, modify or create derivative works of, and otherwise use or sell your User Provided Materials, in any form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.

      Feedback that You Provide.

      If you provide any ideas, suggestions, documents, and/or proposals (“Feedback") to us through the Sites, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information or yours or any third parties; (b) such Feedback does not infringe the intellectual property rights of any third parties; (c) such Feedback is automatically assigned to MIND, to the maximum extent that such assignment is permissible under applicable laws, and otherwise, you hereby grant MIND a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sublicensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback; and (d) you are not entitled to any compensation or reimbursement from MIND for such Feedback.

  4. 4. Links to Other Sites.

    • MIND’s Site may include hyperlinks to websites maintained or controlled by others. MIND is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

  5. 5. Choice of Law; Dispute Resolution; No Class Actions.

    • Governing Law; Arbitration.

      The Site is hosted by MIND on computing resources located in Orange County, California. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site will be governed by the laws of the State of California, excluding any conflicts of law provisions to the contrary, as well as all applicable federal laws, including the Federal Arbitration Act. Except as provided in this paragraph with respect to requests for injunctive relief, any controversy, claim or dispute arising out of these Terms or your use of the Site (“Claims”)) shall be resolved by final and binding arbitration. Such arbitration shall take place in Orange County, California, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both you and us, hearings may, at our request, be conducted telephonically or entirely upon submissions.

      Causes of Action.

      YOU AND MIND RESEARCH INSTITUTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

      Class Action Waiver.

      In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If we prevail in any arbitration or proceeding to enforce this Agreement or arising out of your access to or use of the Site, we shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including attorneys’ fees.

      Third Party Beneficiaries.

      You acknowledge and agree that each of our partners and customers, which includes LEAs with Students hereunder, is participating on the Site in reliance of its and your rights, remedies, and obligations under these Terms, including those of this paragraph, and each such entity will be a third-party beneficiary of this Section 5 (Choice of Law; Dispute Resolution; No Class Actions).

  6. 6. Disclaimers; Limitation of Liability.

    • Disclaimers.

      MIND does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from the Site, or link to a Site. MIND does not warrant that Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk. MIND makes no representation regarding your ability to transmit and receive information from or through the Site and you agree and acknowledge that your ability to access the Site may be impaired. MIND disclaims any and all liability resulting from or related to such events. THIS SITE, THE SOFTWARE AND ANY INFORMATION, PRODUCTS OR SERVICES HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

      Limitation of Liability.

      YOU AGREE THAT MIND WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, MIND WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. OUR AGGREGATE LIABILITY ARISING OUT THE SITES OR SERVICES WILL NOT EXCEED THE GREATER OF FIVE DOLLARS ($5) OR THE AMOUNT YOU HAVE PAID US IN THE PAST MONTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

      Release.

      YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MIND RESEARCH INSTITUTE AND ITS PARNTERS, CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF ANY OF THE SITES OR SOFTWARE.

      IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.

  7. 7. Our Marks.

    • The logo, name and all graphics on the Site of MIND and its affiliates, are trademarks of MIND, or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of MIND or its affiliates is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners. Unless otherwise noted, all content on the Site is copyrighted by MIND.

  8. 8. Your Representations and Warranties; Indemnification.

    • FERPA Compliance.

      If you are a school or LEA, you hereby designate MIND Research Institute as an “other school official” under The Family Educational Rights and Privacy Act, 20 U.S.C. §1232g (“FERPA”), that has a “legitimate educational interest” in using and accessing Student Records disclosed to us for use of the Sites or Software, and you hereby represent, warrant, and covenant that (a) you have obtained all consents necessary in connection with disclosing any Student Records directly or indirectly to us, and (b) such disclosures have not and will not violate FERPA.

      Indemnity.

      You agree to indemnify and hold MIND, its subsidiaries, affiliates, partners, customers, sponsors, service providers, officers, employees, and agents harmless from any claims, losses, costs or damages, including legal fees, resulting from your violation of these Terms, your use of the Site or your placement of any link, content or other information on the Site, and your violation of the rights of any third party, and to fully cooperate in MIND’s defense against any such claims.

  9. 9. Your Account.

    • If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of either your password(s) or account(s) or any other breach of security. MIND is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You further agree that you will not permit others, including, without limitation, those whose accounts have been terminated, to access our Sites using your account(s) or user ID. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Site will be accurate and complete. MIND and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

  10. 10. Termination of Use.

    • Termination by LEA.

      An LEA may terminate use of the Sites or Software by provision of written notice of termination to us, pursuant to the notice provisions set forth in Section 11 (General) below. We will terminate use and storage of any Student Records received from the LEA following written notice of termination, unless we have received consent directly from such Student, if aged 13 or above, or the Student’s parent or legal guardian otherwise, to store such Student Records.

      Termination or Suspension by Us.

      We may suspend or terminate your access to all or any part of the Sites or Services, or block or disable your access or use of the Apps, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may suspend or terminate your access to all or any part of the Sites or Services, or block or disable your access or use of the Apps if (a) we believe, in our sole discretion that you are in breach of this Agreement or are acting in a manner that shows that you do not intend to, or are unable to, comply with the Terms and Conditions; (b) we are required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); (c) we elect to no longer provide the Sites or Services to users in the state or country in which you are resident or from which you use the Sites or Services; (d) we believe that your use of the Sites or Services may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm; or (e) we believe such suspension or termination is necessary or appropriate to avoid harm to the Sites, Services, or persons; in each such a case, no portion of your subscription payment will be refunded. If we suspend or terminate your access for no reason or for a reason other than those set forth in the preceding sentence, we will refund to you any unused portion of your subscription payment, if any, which will be your sole and exclusive remedy upon such suspension or termination. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your account. All Terms and Conditions that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.

  11. 11.General.

    • Assignment.

      You will not assign any of your rights and obligations under these Terms of Use without our prior written consent. We reserve the right to assign or transfer our rights and obligations under this Agreement in connection with an acquisition by or merger with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding.

      Severability.

      If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use.

      No Waiver.

      No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the MIND Research Institute’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

      Mobile and Internet Usage.

      By using the Sites from your mobile phone, you understand that your wireless or internet services provider’s standard SMS, MMS and/or data rates will apply to your use of the Sites. By using the Sites, you agree to be responsible for any fees that are incurred as a result of your use of the Sites. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS, MMS and data charges.

      Certain Third Party Terms.

      You agree that, in addition to these Terms, your use of Apps may be subject to (a) the usage rules set forth in Amazon Appstore’s terms of use, Apple App Store’s terms of use, or Google Play’s terms of service, if you download Amazon Appstore, Apple App Store or Google Play, respectively; or (b) those of any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download or access the App.

      Entire Agreement.

      These Terms, including our Privacy Policy, together with any legal notices or other terms or conditions published on the Sites or in the Software, as applicable (including the Homeschooling EULA for those who have licensed such Software) constitute the entire agreement between you and MIND and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

      Amendments.

      We reserve the right to amend these Terms of Use at any time and any amendments, changes or modifications shall be effective immediately upon notice of them. It is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

      Notices.

      All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Sites or sending an e-mail to you at the e-mail address that is currently associated with your account if you have one. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:

      Attention: Controller

      controller@mindresearch.org

      MIND Research Institute

      111 Academy Drive, Suite 100

      Irvine, CA 92617

      Tel: (949) 345-8700

      Toll Free: (888) 751-5443

      Fax: (949) 572-2680

      All notices regarding copyright or other intellectual property infringement issues shall be sent as described below under Section 12 (Copyright Complaints). If you have any questions about these Terms, then please contact us at the postal address set forth above.

      Our Communications with You.

      We may contact you (via the Sites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Sites or Software, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication. Please see our Privacy Policy for further information on how we manage and process your personal information.

  12. 12. Copyright Complaints.

    • MIND respects the intellectual property rights of others. If you believe your copyright has been violated on a MIND Site or any content posted on such Sites, please contact the Controller at controller@mindresearch.org or the U.S. Mail address above and provide the following information:

      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
      2. A description of the copyrighted work that you claim has been infringed.
      3. A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
      4. Your address, telephone number, and email address.
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • Upon our receipt of a takedown notice complying materially with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

Privacy Policy

Last Updated: February 1, 2017

The MIND Research Institute (“MIND”, “we”, “us”, “our”) has created this privacy policy to demonstrate our commitment to the privacy of our partners / customers, online visitors, and users of our websites, mobile applications, and other software. The following statement explains our information-gathering and dissemination practices for the websites at mindresearch.org and stmath.com, as well as such other websites and mobile applications as may be operated by MIND (the "Site(s)"), including our ST Math® software products that may be accessed by students or teachers via such sites and applications (the “Software”), and the versions of our Software that are licensed by parents or legal guardians for homeschool use. This Privacy Policy is part of and incorporated into the Terms of Use of the Site and the Homeschooling EULA (as defined below). This policy may change periodically, but any changes will be posted on the Site. Please refer to the MIND Research Institute Privacy Policy periodically when visiting, browsing, or using any portion of the Site. Your continued use of any portion of the Site after the effective date of any changes to the Privacy Policy constitutes your agreement to the changed terms. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

Who are the Users of the Sites?

Certain of our Sites host our ST Math® instructional Software, which has been developed for use by students from pre-kindergarten through high school (“Student(s)”), for the improvement of math-related skills and achievement. Students are provided access to our Software and Sites through their schools and school districts (collectively, “Local Educational Agencies” or “LEAs”), who utilize these services to assess their Students’ progress and supplement their mathematics curriculum. Homeschooled Students may also access versions of our Software that are licensed by their parent or legal guardian for homeschool use, per the terms of our end user license agreement for such Software (“Homeschooling EULA”). “Users” of our Sites include these Students; authorized representatives of the LEAs, including the Students’ teachers (“LEA Representative(s)”); parents / legal guardians of the Students (“Parent(s)”); and other visitors to our websites and mobile applications (“Visitor(s)”).

What Student information does the MIND Research Institute receive via LEAs?

We are engaged by LEAs to provide the services described herein to them and to their Student Users. To utilize the Software, LEA devices are activated, and students obtain user names and passwords in order to utilize the software. We receive one or more of the following types of information regarding each Student User either directly from their LEA, or through the Student’s use of the Software via their school / LEA (“Student Records”): the Student’s legal name; name of the Student’s teacher; name of the course in which the Software is used, if applicable; the Student’s grade in school; the school and school district; the Student’s user name and password (in text or and/or pictorial form); date-of-birth; the Student’s identifier assigned by the LEA. Student Records may also include additional Student information owned, controlled by the LEA and provided to us in connection with research studies that we conduct at the applicable LEA’s discretion, including the Student’s ethnicity; free/reduced lunch status; English-learner status; special-needs status; test scores / performance, separate from the Software. To the extent that we receive any of the foregoing as Student Records provided by or on behalf of an LEA, such Student Records shall remain owned and controlled by the LEA. We will not use or share any personal or sensitive information contained in Student Records for commercial purposes unrelated to the operation of the Sites or the services provided to the applicable LEA, Students, parents, or teachers, or for any other purposes other than those expressly described herein, the Terms of Use, or the Homeschooling EULA. We do not knowingly collect any personally identifying information regarding the Parents or other family members through the LEAs, except to the extent that such family members are themselves Students whose Student Records are provided via a LEA hereunder; for the avoidance of doubt, we may collect personally identifying information that is voluntarily provided by Visitors to our Sites, as described elsewhere under this Privacy Policy.

What Student information does the MIND Research Institute collect itself from the Sites and Software?

We may collect or generate certain information automatically from the Student’s use of the Sites, including login and logout timestamps. We may also collect and generate additional information about students through their use of the Software (“Student Performance Data”), including measurements / assessments of Student’s progress against the ST Math® curriculum (for example, Learning Objectives encountered, passes, fails) as well as applicable educational standards; ST Math® quiz scores; and information derived and reports generated from the foregoing information and the Students’ use of the Software, for utilization by the Students, their parents / legal guardians, teachers, and the LEAs.

How does the MIND Research Institute use Student Records?

We may use Student Records for the following purposes:

  • To monitor and generate Student Performance Data, and provide students, parents, and/or the students’ teachers or LEAs, with Student Performance Data;
  • To operate our software and Sites, including personalizing / customizing content for the applicable Students, reviewing / analyzing Site performance; authenticating Students; maintaining the Sites; and protecting the security or integrity of the Sites.

We may also use aggregated or de-identified information about Students, from which we have removed personally identifying information, for educational research, analysis, and similar purposes.

For the avoidance of doubt, we will not utilize any personally identifiable information in Student Records for the purposes of targeted advertising.

We do not utilize Student Records for any purposes other than those set forth in this Privacy Policy, the Terms of Use, or, if applicable, the Homeschooling EULA.

What Other Personal Information does the MIND Research Institute collect from its Users?

Additional information gathered by the MIND Research Institute via the Sites falls into the following categories: (1) information voluntarily supplied by Visitors through optional online forms completed by such Visitors of our Sites when requesting additional information about the MIND Research Institute or its products or services, or through Communications (as defined below) with the MIND Research Institute; (2) information automatically obtained from the use of User names and password to access the restricted portion(s) of the Sites (the "Restricted Pages") to do things such as view online demonstrations or presentations about the MIND Research Institute or its products or services, including, by way of example, pages visited and time stamps; and (3) tracking information gathered as Visitors navigate through our websites or mobile applications.

The MIND Research Institute may provide Users with opportunities to contact us via e-mail, conventional mail, or other methods, with questions or comments you may have about our Site, products and services, personnel, employment opportunities, or any other matter of interest to you ("Communications"). These Communications may also include e-mail attachments or any materials that you would like to send us. Any Communications and materials attached thereto that you provide to the MIND Research Institute will be treated as non-confidential and non-proprietary. Please see our Terms of Use for additional information regarding how such Communications are treated.

In visiting or using our Site and in transmitting Communications with us, we may request and collect the following types of personally identifiable information from Visitors including: legal name; business name (if applicable); e-mail address; or user name and password). The MIND Research Institute may also ask for additional personal information from Visitors at various times such as when we run a promotion or contest or conduct a survey, as described in such promotion or contest or elsewhere on the Site. The personally identifying information we collect from Visitors helps us offer Visitors more personalized features, respond to Visitor requests, provide you with information that is of most interest to you, improve our products and services, and, to the extent that you consent to such communications, send you promotions and events offered by the MIND Research Institute.

Does the MIND Research Institute track my IP address?

When you visit the Site, our servers automatically collect information about your Internet address (which is a number that lets computers attached to the Internet know where to send you data). Your Internet address does not identify you personally. We log your Internet address to deliver our web pages to you upon request, help diagnose problems with our servers, administer our Site in order to constantly improve its quality and the services we offer you, and identify and authenticate you and your licensed content and preferences as you navigate the Site. We may also use your Internet address to gather broad demographic information. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our Visitors and other Users and provide such information to third parties.

How does the MIND Research Institute use information collected from me?

The MIND Research Institute researches our customers' and Visitors' demographics based upon information provided by them or, their LEAs (if applicable), gathered from their Communications or password, or contained in our server log files or surveys. We do this to better understand and serve our customers and other Visitors. This research is compiled and analyzed on an aggregated basis.

How does the MIND Research Institute share information?

The MIND Research Institute does not provide, sell, trade, or rent personally identifiable information. We may disclose or share personally identifying information as follows:

To our service providers.

We may share personally identifying information collected through the Site or otherwise in our possession with companies and organizations that perform services on our behalf, for example, companies that provide data management or other support services to us (such as data storage and Web hosting services), subject to confidentiality and security obligations.

For compliance with law.

We may disclose personally identifying information to comply with applicable law, including requests from a governmental agency, court of law, regulation, or civil service process. The MIND Research Institute also reserves the right to use or disclose any information as needed to fulfill your requests or to cooperate in any law enforcement investigation or an investigation on a matter of public safety, or the safety of our users or customers; to enforce the Terms of Use, Homeschooling EULA, or this Privacy Policy; to protect the integrity of the Sites and our services; to protect our rights or those of our Users, customers, contractors, or licensors; to investigate, prevent, or take action regarding illegal activities, fraud; to take precautions against liability; to provide evidence in litigation or dispute; or to respond to an emergency.

To parents/legal guardians.

We may provide Student Records or Student Performance Data to the Students’ Parents / legal guardians.

To teachers / LEAs.

We may provide Student Records and corresponding Student Performance Data to the teachers or other authorized LEA representatives for the applicable Students.

In a business transfer.

We may transfer personal information and other data in our possession in connection with an acquisition by or merger with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding.

How do I review, correct, update and / or remove my personal information or my child’s personal information?

The MIND Research Institute does not provide, sell, trade, or rent personally identifiable information. We may disclose or share personally identifying information as follows:

Reviewing and updating Student Records.

Parents, legal guardians, and Students aged 13 and above may review the personally identifying information contained in Student Records and may have us correct any erroneous Student Records. We will terminate use and storage of any personal information contained in Student Records received from the LEA following written notice of termination, unless we have received consent directly from such Student, if aged 13 or above, or the Student’s parent or legal guardian otherwise, to store such Student Records. We will terminate use and storage of any personal information contained in Student Records that we have collected for children under 13 following written request from their parent or legal guardian. To exercise these rights, you may contact us at privacy@mindresearch.org. To review Student Records for Students under the age of 13, you will be required to authenticate yourself as the Student's parent / legal guardian, teacher, or other authorized LEA representative to receive information about that Student. You agree and acknowledge that the Sites or Software, or features of the Sites or Software, may be inaccessible or inoperable upon removal of Student Records..

Review and updating other User information.

Visitors may review, update and/or correct your contact or other personal information at any time by sending an e-mail to us at privacy@mindresearch.org and/or notifying the MIND Research Institute of the changes, as applicable. If you have been prompted to provide information to register an account, you will be provided limited access to your account information to update and/or correct the personal information you have supplied.

How does the MIND Research Institute protect personal information?

Our Site has security measures in place to minimize the risk of loss, misuse, and alteration of the information under our control. Your access to the Restricted Pages or other accounts (if you have any) established through the MIND Research Institute or the Site is password-protected so that only you have access to that personal information, so keep your password private and secure.

We provide and require training of all of our personnel involved in the handling, usage, or storage of Student Records or other personally identifying information, which training is renewed periodically. This training includes compliance with relevant federal and state legal requirements, including, as a non-limiting example, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) (“FERPA”) and the Children’s Online Privacy Protection Act (15 U.S.C. Secs. 6501 – 6506) (“COPPA”). To protect our information technology environment and the data that we store, we take commercially reasonable security measures, implemented with a multi-tier software architecture, that are consistent with standards generally recognized in the industry. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. Due to the open nature of the Internet, we cannot guarantee that any of your information stored on our servers, or transmitted to or from a us or a user, will be 100% free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.

Whom does this Privacy Policy apply to?

MIND Research Institute requires its employees and agents who access or utilize Student Records or any other personally identifying information of students or of their families to abide by the terms of this Privacy Policy. MIND Research Institute also contractually requires any of its subcontractors or vendors who are accessing or utilizing such data on its behalf to comply with the requirements of this Privacy Policy pertaining to the use and access of such data.

Where does MIND Research Institute host its services?

MIND Research Institute's infrastructure is hosted within the United States. We design and implement our systems to provide resiliency against server, segment, and geographic failure, through the implementation of a clustered redundant architecture that yields highly available service endpoints. which provide resiliency against server, segment, and geographic failure. We utilize service providers whose systems have been certified for compliance with security standards including ISO 27001. We cannot, however, guaranty that systems will never be subject to a security breach, or will be otherwise error-free. Additional information regarding our system availability and security practices is provided below, and for additional questions, please reach us at privacy@mindresearch.org.

How does MIND Research Institute protect data?

Unauthorized access of User data is a real risk facing the users of today's electronic information services. MIND Research Institute strives to keep informed of these risks, and we work diligently to combat them. One method of protecting User data is to utilize cryptography to prevent data visibility in the event of its unauthorized access. MIND Research Institute leverages cryptography to protect user data in the following two ways:

Data in Transit.
Our services support Transport Layer Security (“TLS”) to encrypt User communications (TLS 1.0 or greater and only the strongest ciphers). Data transferred between our Site and its end Users (including credential submission, data uploads, and data downloads) are sent over TLS connections, which protect such data using strong encryption, so that data in transit is kept in a private channel between the intended User and our systems.
Data at Rest.
User data that contains personally identifying information, when “at-rest” (i.e., when in storage) is encrypted using industry standard AES-256. There are two types of "at rest" storage:
  • Database. Database server disk storage is “volume” encrypted (i.e., encrypted at the level of the database).
  • User Files. User files are individually encrypted before being recorded on long-term, secondary storage systems.

What does MIND Research Institute do with personally identifiable information after the customer relationship has ended?

Personally identifiable information received from a LEA is de-identified or deleted in a reasonable period of time after the relationship between MIND Research Institute and the LEA has been terminated. Personally identifiable information that is voluntarily submitted by a Visitor pursuant to this Privacy Policy may be retained by MIND Research for the purposes described for Visitor data herein, provided that such information may be reviewed, updated or corrected as provided under the applicable sections of this Privacy Policy.

How does the MIND Research Institute respond to breaches?

If you correspond with us by e-mail, or using the “contact us” feature on the Site, you should be aware that your transmission might not be secure. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If we believe that the security of User information may have been compromised, we will comply with applicable laws and regulations regarding notice of such breaches. Without limiting the foregoing, we will notify any LEA whose data is affected by such a breach, and will provide any reasonable cooperation to the LEA to notify affected parents / legal guardians in the event of an unauthorized disclosure of student records. You consent to our use of your e-mail address as a means of such notification. Please notify us of any unauthorized use of your password or account or any other breach of security of which you are aware.

What are "cookies" and how does The MIND Research Institute use them?

"Cookies" are pieces of information that a web site transfers to your computer's hard drive for record-keeping purposes. Like many sites on the Internet, we use cookies to identify you when you visit the Site. Most web browsers automatically accept cookies, but if you prefer, you can set your computer to not accept cookies. If you do this, however, you may not be able to use some of the features or services we offer on our Site.

Will the MIND Research Institute send me unsolicited communications? How do I opt-out?

The MIND Research Institute may use the information it collects to respond to requests for information, to notify you about functionality changes to the web site, or to provide industry and company updates. You may update or modify your information or change your privacy preferences (such as whether you wish to receive promotional offers) at any time by emailing us at privacy@mindresearch.org. If you wish to have your name removed from any of our mailing or subscription lists, please write to us at our above address or click the “remove subscription” link set forth in the relevant communication (typically provided at the end of such communication). In the event that you contact us with this request, all reasonable efforts will be taken to ensure that you will not receive any further communications from which you have opted-out in the future.

What should I know about third party sites?

The MIND Research Institute Site may contain links to other web sites. The MIND Research Institute is not responsible for the privacy practices or the content of such third party sites. Use of information on third party sites is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. The MIND Research Institute has no control over such third party sites, and the existence of a link from our Site is not meant to imply any endorsement of these other third party web sites.

How does the MIND Research Institute respond to Do-Not-Track signals?

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites when he or she uses our Site or services. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.

What constitutes my acceptance of this Privacy Policy?

By using the Site provided by the MIND Research Institute, you expressly consent to the use and disclosure of information as described in this Privacy Policy. Your continued use of the Site after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms.

How do I contact the MIND Research Institute? What are my information rights?

If you have any questions about this privacy statement, the practices of this Site, your dealings with this Site, or any disclosure of personal information to third parties for direct marketing purposes, you can contact us in the following ways:

MIND Research Institute

111 Academy Drive, Suite 100

Irvine, CA 92617

Tel: (949) 345-8700

Toll Free: (888) 751-5443

Fax: (949) 572-2680

Email: privacy@mindresearch.org

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