Terms of Service (membership)

TERMS OF SERVICE

**If you cancel your Membership, you will be subject to a $25 cancellation fee if fewer than six (6) months have lapsed since becoming a member.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF BY ELECTRONIC SUBMISSION, BY CLICKING “ACCEPTED AND AGREED,” OR BY CHECKING A BOX INDICATING YOU HAVE READ AND AGREED THESE TERMS OF SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF NON-ELECTRONIC SUBMISSION, BY INITIALING EACH PAGE AND SIGNING AT THE END, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Pupil, Inc. (“Pupil” or “PUPIL”) operates ocular data collection services (“Pupil Services” or the “Services”). The Pupil Services include ocular refractive data collection using innovative technology and devices (the “Technology”) and URLs (the “Site” http://www.pupil.vision/  ;  https://shop.pupil.vision/). Although accessibly by those outside the State of Colorado, the Services are intended for access and use only by Colorado residents. Throughout this Agreement, Pupil is referred to as “we” or “us.”

THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US

PUPIL’s rebillable (monthly) memberships are intended to provide convenient, mobile eye exams at an individual’s physical location (or a PUPIL retail location) that determine the need for corrective eyewear, and prescribe (if necessary) corrective eyewear. PUPIL’s memberships also provide exclusive, proprietary eyewear frames, prescription lenses, and other vision products.

This PUPIL membership contract will be automatically billed on the monthly anniversary of the individual’s subscription at the rate of $12 per month.

ELIGABILITY

PUPIL’s mobile on-demand services are geographically limited and available to individual’s whom have a physical location within metro Denver, and PUPIL’s territory. Members may receive services at their work location, their home, or any public place located within the geographical territory.

PUPIL’s membership is not vision insurance, and should not in any way be considered as such. PUPIL does not recognize enrollment periods and therefore allows membership registration or revision at anytime. PUPIL’s membership offers perks exclusively with PUPIL and is not transferable or accepted at any other entities or eye care facilities. 

PUPIL’s membership is intended for individual’s whom are 18-75 years of age, and whom have full use of their hands and are able to use words (verbally) to communicate.

PERKS

As PUPIL membership is not insurance, PUPIL never charges nor collects a copay for eye exams, eyewear fittings, or eyewear adjustments, or any other service or product. Members may receive an unlimited number of vision screenings, eyewear fittings, or eyewear adjustments at no additional charge.

PUPIL offers unlimited PUPIL eyewear and prescription lenses at 50% off MSRP price.

Revisions or corrections to lenses, or the fit of purchased eyewear must be performed in-house (at one of PUPIL’s retail locations).

PUPIL offers other prescription eyewear lenses and services including but not limited to: dispensing lenses in existing frames, rush lens dispensing, emergency eyewear repair, polarized (tinted) sun Rx lenses, transition Rx lenses. These products and services are available to PUPIL members at 50% off MSRP price as well.

ACKNOWLEDGMENT OF THE NEED FOR ADDITIONAL EYE EXAMINATIONS:

By my electronic submission, I understand and acknowledge that PUPIL membership is not a substitute for a comprehensive exam and will not address the health of my eyes or vision systems, whatsoever.  I acknowledge that PUPIL’s services are not a substitute for a yearly eye health exam.  I understand that I may need additional medically related eye care beyond the services offered hereunder. 

ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY:

By my electronic submission, I understand that I am responsible for any unpaid balances owed to PUPIL.  I authorize PUPIL to charge my credit card on file or send an invoice for any outstanding balance.  If my account results in collection agency involvement, the undersigned guarantor may receive all payments for services rendered.

MEMBERSHIP/SUBSCRIPTION, MONTHLY MEMBERSHIP RENEWAL, SUBSCRIPTION CANCELLATION:

MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. PUPIL will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee. Each Membership renewal period is for one month.

MEMBERSHIP CANCELLATION:

By my electronic submission, I agree to pay the required monthly membership (per member) billed on the monthly anniversary of my membership. PUPIL classifies membership based solely on identity. Therefore, membership may not be transferred to others or utilized by others. You may cancel your Membership in full, at any time by contacting PUPIL’s support team. If you cancel your Membership, you will be subject to a $25 cancellation fee if fewer than six (6) months have lapsed since becoming a member. Members who cancel may observe benefits until the following anniversary renewal date, and your Membership benefits will then expire at the end of the monthly term for which you have paid (regardless of early cancellation fee). You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.

GENERAL TERMS AND CONDITIONS

By agreeing to these Terms of Service (the “Agreement”), you agree to be bound by this Agreement as posted and accessible through the Applications or Site at the time of your access or use and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy (URL: http://www.pupil.vision/ privacy-policy/) our Notice of Privacy Practices (URL: http://www.pupil.vision/privacy-practice/) and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Pupil Services (all of which are deemed part of this Agreement). If you do not agree to the terms and conditions of use for the Pupil Services as set forth in this Agreement, you may not use the Pupil Services.

The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and update the “Last Revised” date, below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Pupil Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.

PUPIL SERVICES EXPLAINED

Pupil offers innovative ocular data collection services pursuant to a protocol approved by Eye Care Professionals (“ECP”) (either an Optometrists or an Ophthalmologists), through the use of the Technology and our Optometric technicians in the field (“Technician”). In the typical situation, the Technician will come to your home or office and collect personal information, your medical history, and collect ocular data using the Applications that will include the collection of information regarding your visual acuity, refractive error, as well as other information. You may also receive Pupil services at one of their retail brick-and-mortar locations as well.

If the screening indicates you would benefit from review of this information by an ECP, the information collected by the Technician will be transmitted via the Pupil secure network to an ECP for review and evaluation. If the screening indicates that an immediate referral to an ECP is appropriate, you will be provided with information about ECPs in your area. If you have one of the disqualifying eye symptoms or health conditions (listed below), the Technician will not conduct a screening. The Technician does not evaluate any of the information, as such, the Technician cannot provide you with medical advice. As stated, the Technician is solely responsible for collecting ocular data and transmitting that data to an ECP. When the information collected by the Technician is transmitted to an ECP, the ECP who reviews your information has three options: (i) he or she can conclude that you do not need an eye-glass prescription; (ii) he or she may conclude in his or her professional opinion to provide you an eye-glasses prescription without any further evaluations; (iii) he or she may conclude that you need additional care and refer you to an ECP. In all three cases, the ECP will send you a message explaining the decision. The names of ECPs who are available to review your information are available upon request.

All ECPs are independent licensed professionals who are solely responsible for the services that they provide, including all optometric or medical advice, prescriptions, and treatment decisions as well as for compliance with all requirements related to his or her profession or license.

WHAT PUPIL IS NOT

PupIL IS ONLY AN OCULAR DATA COLLECTION COMPANY. AS SUCH, PUPIL DOES NOT EVALUATE, DIAGNOSE, PREVENT, TREAT, OR PRESCRIBE MEDICATION IN CONNECTION WITH DISEASES, DISORDERS OR CONDITIONS OF THE VISION SYSTEMS, EYES, AND/OR ADJACENT AND ASSOCIATED STRUCTURES. PUPIL DOES not OFFER a comprehensive eye examination. A comprehensive eye examination involves testing your eyes for a host of eye problems, including glaucoma, macular degeneration, retinopathy, cataracts, and many other eye conditions, some of which lead to blindness if not detected or treated. You should have regular comprehensive eye health examinations with an eye care professional, at least every two years, or more often if necessary because of conditions such as diabetes or high blood pressure, or as recommended by your doctor.

Pupil strongly recommends customers who have used the Pupil Services once before to receive a comprehensive eye exam before they use Pupil’s Services again. If you have received Pupil Services once and come back to Pupil for another vision screening without having receive a comprehensive eye exam in between, we will apply a 10% surcharge to the service fee.

WHO IS NOT ELIGIBLE FOR PUPIL SERVICES?

Many people are not eligible for Pupil Services due to pre-existing eye conditions. Pupil Services are only available to those who qualify. You are not eligible for the Pupil Services if you have the following eye symptoms or health conditions:

  • Corneal disease;
  • Blindness;
  • Cataracts;
  • Glaucoma;
  • Macular Degeneration;
  • Retinal Disorder;
  • Sjorgren’s Syndrome;
  • Turned Eye / Strabismus;
  • Amblyopia;
  • Distorted Vision – Halos;
  • Eye Injuries in the last six weeks;
  • Foreign Body (Sensation in Eyes); or
  • Mucous in Eyes

INFORMED CONSENT

By accepting these terms of use, you acknowledge that you understand and agree to the following, for yourself or, if you are a parent or guardian for your child or dependent:

  • You give permission to a Pupil technician to come to your location (such as your home or office), collect ocular-related information, including personal health information, and transmit information collected via the Pupil secure network to an ECP;
  • You give permission to a Pupil technician to collect ocular-related information, including personal health information, and transmit information collected via the Pupil secure network to an ECP, at one of their retail locations in which you present yourself;
  • You understand that the Technician is not an Optometrist or Ophthalmologist and that the role of the Technician is limited to the collection and transmission of data;
  • You understand that any information provided to you from Pupil does not constitute medical advice, diagnoses or treatment decisions which may only be provided by an ECP.
  • You understand that the ECP who will review your information is an independent professional who will render services in accordance with his or her professional judgment;
  • You give permission to an ECP to review the data collected and provide services, including issuing a prescription for corrective eyewear if appropriate, and to communicate that information to you electronically;
  • You understand that the ECP will not be in the same location where the Technician collects your ocular information and will not be in “real-time” communication with the Technician;
  • You understand that the Pupil Services are not a substitute for a comprehensive eye examination and will not detect potentially serious eye conditions and that it is your responsibility to schedule regular comprehensive eye examinations, based on your age and health in consultation with an eye care professional;
  • You understand that laws, including the Health Insurance Portability and Accountability Act (“HIPAA”) that protect the privacy and security of personal health information apply to the Pupil Services and acknowledge that you have received a copy of the Pupil Notice of Privacy Practices;

• You understand that while the Pupil Services provide benefits in terms of vision screening and improved access to ECPs, there are potential risks which include, but may not be limited to, delays in evaluation due to failure of equipment, failure of security protocols causing a breach of privacy of personal health information, and the potential that lack of access to complete medical records could result in treatment errors.

YOUR USE OF PUPIL SERVICES

You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Pupil Services at any time for any reason or no reason. You also agree that you are the owner or a legal representative of the owner of such information.

You may only access the Pupil Services using authorized means. It is your responsibility to check to ensure you find us through the correct website.

By accessing or using the Pupil Services, you further agree that:

  • You will only use the Services for your sole, personal use and you will not resell them to a third party;
  • You will not copy or distribute the Services or other Services content;
  • You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
  • You will not use the Services for any purpose in violation of local, state, federal or international laws;
  • You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
  • You will not impersonate another person;
  • You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
  • You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
  • You will ensure that no unauthorized person shall have access to your mobile device or your Pupil passwords or accounts;
  • You will promptly notify us in the event your Pupil passwords or accounts have been compromised;
  • You will not assign or otherwise transfer your account to any other person or entity;
  • You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
  • You will provide us with whatever proof of identity we may request.We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.

OUR RIGHT TO USER PROVIDED CONTENT

We may, in our sole discretion, permit you to post or submit content and other materials through the Services and applications, directly or through the use of a Technician (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content (personal information, payment information and health information), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User- Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User- Provided Content submitted by you. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.

You acknowledge that Pupil only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right, but not the obligation, at all times, in our sole discretion, to screen User-Provided Content and to delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

PAYMENT

There is no charge to schedule an appointment at one of PUPIL’s retail locations. Each ECP sets his or her own fees for his or her time and services, but your payment to them (whether for goods or services) includes a portion that is retained by us for our administrative Services in connection with the Applications.

The rates that apply for the vision care services provided by the ECP may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the Application.

Pupil shall, on behalf of the ECP, charge you for the vision care services provided to you by that ECP. You agree that you will pay for all vision care services you receive from the ECP, and that Pupil may charge your credit card account, as provided by you when registering for the Services, for the ECP’s services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Pupil with a valid credit card account for payment of all fees at all times.

We use a third-party payment processor (“Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services, Pupil will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy (http://www.pupil.vision/privacy-policy/

At present, we do not process any insurance claims, nor will the ECP process claims on your behalf. Although the consultations/treatments you receive from health care professionals through the Pupil Services may or may not be covered by your insurance, it is solely up to you to contact your health / eye care plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

INTELLECTUAL PROPERTY OWNERSHIP

Pupil alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Pupil Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Pupil Services shall be owned solely and exclusively by Pupil, and/or, as applicable, Pupil’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Pupil any and all of your rights, title or interests in the Pupil Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Pupil Services. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Pupil. Pupil’s name, logo and the product names and logos associated with the Services are trademarks of Pupil, its affiliated companies or third parties, and no right of license is granted to use them.

The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

DISCLAIMER

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

THE PUPIL SERVICES ARE NOT AND SHOULD NOT SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR A COMPREHENSIVE EXAMINATION, OPTOMETRIC OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The Services provided are here to help connect you to with an ECP who will provide all optometric or medical advice, diagnoses and treatment decisions.

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF INFORMATION THAT YOU MAY HAVE OBTAINED VIA THE PUPIL SERVICES OR SITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MUST TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Pupil Services.

We also do not warrant or guarantee that files that may be available for downloading through the Pupil Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Pupil Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM ECPS THAT YOU CONNECT WITH VIA THE PUPIL SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PUPIL SERVICES IS TO STOP USING THEM.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PUPIL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE PUPIL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE PUPIL SERVICES OR ANY SERVICES PERFORMED BY ANY ECPS VIA THE SERVICES (INCLUDING CLAIMS OF OPTOMETRIC OR MEDICAL MALPRACTICE AGAINST THOSE ECPS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF PUPIL FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF PUPIL WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE PUPIL SERVICES.

INDEMNIFICATION

You agree to indemnify and hold harmless Pupil, Pupil’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Pupil Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

MODIFICATION TO, OR DISCONTINUATION OF THE PUPIL SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 102 S. Tejon Street, Suite 1100, Colorado Springs, CO, 80903, Attn: Copyright Agent, or by email to. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.

WAIVER OF JURY TRIAL

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all Disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).

MISCELLANEOUS

This Agreement, and the documents referenced in this Agreement, constitute the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflicts of law provisions contained therein.

This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Pupil Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

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