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About Us


Growgrades.com Ltd. Welcomes you to join us in the interest of education of our children. Growgrades.com ltd (hereafter also known as G.G., Grow Grades, and grow grades international in lower case or uppercase letters). These Terms and conditions govern your use of www.growgrades.com online on desktop mobile devices (including ipad, ipod, or tablets) and websites, and software provided on or in connection with Growgrades.com Ltd collectively, the "Services", which are offered through (i) Growgrades.com Ltd (ii) mobile applications associated with Growgrades.com Ltd, and (iii) any other Growgrades.com Ltd website, app or online service which links to these Terms of Service.

By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood and agree to be bound by these Terms and conditions (the "Agreement"), and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. Grow grades reserves the right to modify this Agreement so long as it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service ("you" or "Users"). If you open a grow grades account on behalf of a School, company, organization, or other entity, then "you" includes you as that entity.

A note about Student Data: This Service may be purchased by providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use our services for educational purposes. When grow grades contracts with a School to provide the Service, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, use and sharing of Student Data is governed by this Agreement and any applicable laws and regulations including, in Canada, provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws and in Canada standards of “NACADA” (National Academic Advising Association).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. THE SERVICE
The Service helps its users to learn and practice various subjects including mathematics, language arts, science, and social studies. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is" and that grow grades assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service. Grow grades grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by grow grades for use in accessing the Service. To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

2. ELIGIBILITY AND AUTHORITY
Grow grades does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply. If you open an grow grades account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact IXL to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent). The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents for Grow Grades to collect information from students under 13 before allowing such students to access our Service. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Grow Grades and that they provide a copy of our Privacy Policy and the Grow Grades Student Data Privacy Pledge to parents.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grow Grades has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grow Grades has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).

4. GENERAL ACCOUNT INFORMATION
Grow Grades sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the Grow Grades website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of Grow Grades. Grow Grades provides a variety of "account types" which may apply depending on the subscriber and the way Grow Grades account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. Grow Grades reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.

Account Types:
Family Account — A family account is purchased by or for a Parent. Family accounts are generally only available for purchase through the Grow Grades website or a third-party app store using a credit card. A family account typically includes child profiles that can be used by a Parent's child at the Parent's direction. Family account subscriptions are generally for a term of one month, six months, or one year. The term is disclosed at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed by contacting info@growgrades.com. Family accounts automatically renew. See Section 6 below for more information about automatic renewal and cancellation of automatically renewing accounts.
Classroom Account — A classroom account is purchased by or on behalf of a school, such as by a teacher. Classroom accounts may generally be purchased either through the Grow Grades website, or by phone or e-mail. A classroom account typically includes a single teacher user and a small number of student users (which may vary depending on the purchase). A classroom account is typically for a term of one year. The term is disclosed at the time of purchase. Classroom accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., teacher) to renew and continue using a classroom account past the end of the term. A classroom account is a type of school account. More information relating to school accounts may be found in Section 5 below.
Site Account — A site account is purchased by or on behalf of a school or school district. Site accounts may be purchased by phone or e-mail. A site account typically includes an unlimited number of teacher users and a set maximum number of student users (which may vary depending on the purchase). A site account may be for a term of one year or longer. The term is disclosed at the time of purchase. Site accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., school administrator) to renew and continue using a site account past the end of the term. A site account is a type of school account. More information relating to school accounts may be found in Section 5 below.

Quotes and Proposals:
Any quotes or proposals provided by Grow Grades are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by Grow Grades at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to Grow Grades and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from Grow Grades you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from Grow Grades. To the extent that public records laws may apply to a quote or proposal provided by Grow Grades, you agree to immediately notify Grow Grades of any public records request that may result in disclosure of an Grow Grades quote or proposal and provide Grow Grades all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with Grow Grades.

Payments:
School accounts have the option to make payment by credit card, or other methods at Grow Grades's discretion (contact us for details). Payment must be received by Grow Grades no later than 30 days after Grow Grades issues an invoice. If Grow Grades does not receive payment within 30 days, the invoice is past due and Grow Grades reserves the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. Grow Grades reserves the right to charge a late fee in the amount of 2% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.

Cancellation:
Except as set forth below or otherwise agreed by Grow Grades in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.

Grow Grades permits early cancellations only in the following circumstances:
In the event that the Service is permanently discontinued.
Grow Grades otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that Grow Grades's efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.

End of Subscription:
When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Service. However, Grow Grades may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Service includes built-in capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user's sole obligation to download such data before the conclusion of the term. Once the term of an account ends, Grow Grades may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.

5. SCHOOL ACCOUNTS AND STUDENT DATA
This Section 5 applies to a School's use of the Service.
When Grow Grades is used by a School for an educational purpose, Grow Grades may collect or have access to Student Data that is provided by the School or by a student. "Student Data" is personal information that is directly related to an identifiable student and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
The School or the student, and not Grow Grades, owns and controls the Student Data. You authorize Grow Grades to access, collect, transmit, modify, display and store Student Data to provide the Service and as described in this Agreement and in our Privacy Policy.

Compliance with Laws.
In the U.S., Grow Grades may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws and NACADA relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
Use of Student Data.
By submitting, providing us access to, or causing us to receive Student Data, you agree that Grow Grades may use the Student Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent.
Use of De-Identified or Anonymized Student Data.
You agree that both before and after the term of the Agreement, Grow Grades may collect, analyze, use, and retain data derived from Student Data as well as data about users' access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that Grow Grades may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing.
You agree that Grow Grades may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Grow Grades shall never use Student Data to engage in targeted advertising.
Disclosure of Student Data and Third-Party Service Providers.
You acknowledge and agree that Grow Grades may provide access to Student Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data. Grow Grades shall not share Student Data with third parties other than as described in this Agreement and in the Grow Grades Privacy Policy, or with consent of the School or parent.
Student Data Access and Deletion Requests.
You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that Grow Grades shall not be required to delete Student Data that has been moved to a personal family account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. Grow Grades is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification.
We have implemented administrative, physical and technical safeguards designed to secure the personal information in Grow Grades's possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a "Security Event"), that we have collected or received through the Service under this Agreement, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Grow Grades or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and Grow Grades shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of IXL or its agents, Grow Grades shall reasonably cooperate with School's investigation of the Security Event, as School requests, at School's reasonable expense, but Grow Grades shall not indemnify a School for costs associated with the Security Event. Grow Grades shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
State Specific Terms.
Every school (regardless of which country or state) must follow their own curriculum and use Grow Grades for the educational purposes as required for their students. Grow Grades is operating in many countries and can not restrict themselves to rules of every state and every country in the world. Grow Grades will provide a lot of material without prejudice to all countries and states or provinces and will not be held responsible for individual state, provincal or country laws of education.

5. 1 School accounts responsibilities
Student information, student records and student-generated content are not the property of or under the control of Grow Grades.
The local or regional board of education may request the deletion of any student information, student records or student-generated content in the possession of Grow Grades by sending a request to info@growgrades.com. Grow Grades is not required to delete information prohibited from deletion or required to be retained under state or federal law (of any country) or stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by the contractor. Grow Grades will, however, comply with requests for deletion of student information, student, records, or student-generated content that is restored from such disaster recovery storage systems.
Grow Grades will not use student information, student records and student-generated content for any purposes other than those authorized pursuant to this Agreement.
A student, parent or legal guardian of a student may review personally identifiable information contained in student information, student records or student-generated content and correct erroneous information, if any, in such student record by contacting their School. Grow Grades will respond to such requests in accordance with inst Contact Us views = 1

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