Conditions and Terms of Use

ThinkStretch LLC Website and Subscription Terms of Use, Privacy Statement, and COPPA Statement

Terms of Use

This website (www.thinkstretch.com) is owned and operated by ThinkStretch, LLC (‘TS’). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy, called our User Agreement. Please bookmark this page to review the most current version of the User Agreement at any time.
This User Agreement is in effect as of January 1, 2015.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to become aware of any modifications. Your continued use of this site after any User Agreement changes constitutes acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, called Resources all together, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. You are also responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You agree to indemnify and hold harmless TS, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

License usage

A license grants access to the purchased portions of the ThinkStretch website as well as permission to use its copyrighted resources as part of the classroom curriculum. Licenses must be maintained for continued usage. Each license must be registered in the name of the classroom teacher or school using the resources.
As part of the registration process, each educator will select, or be provided with, a unique school code. You agree to provide us with accurate, complete, unique and updated contact information for each educator using downloaded resources or accessing the website(s). Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.

In order to access the Service, or use its downloaded resources, each student needs to obtain a username and password (“Username”). Usernames are either selected by, or issued to, individual subscribers or educators within a learning institution (collectively, “Users”) as part of the registration process.

You also agree that Unique School Codes may not be shared within anyone outside the registered classroom and/or family. They may only be used by the administrator, educator, or student to whom they are assigned. Users remain at all times solely and fully responsible for the proper use of Usernames issued hereunder. Users also agree to supervise and take full responsibility for the use of the Website by minors under the age of 13 years.

All Users are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person within the registered classroom and/or family who uses the Account is aware of, and complies with, the terms of this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member.

You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Username. You must also you must promptly change your Username to prevent unauthorized access to your Account. We will have no liability for any circumstances arising from the unauthorized use of a Username or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
You also understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from TS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. TS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Non-Waiver

The failure of TS to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyrights/Trademarks

All content and materials available on www.ThinkStretch.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by TS.

Links

ThinkStretch may provide, or third parties may provide, links to other websites or Internet resources. Because TS has no control over such websites and resources, you acknowledge and agree that TS is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that TS shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on, or through any such website or resource.

Termination of Use

You agree that TS may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by TS. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Also, any action to enforce this User Agreement shall be brought in the federal or state courts of the United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, TS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Updated January 6, 2015

 

 

Privacy Policy

This Privacy Policy governs the manner in which ThinkStretch (TS) collects, uses, maintains and discloses information collected from users (“User”) of the www.ThinkStretch.com website (“Site”). This Privacy Policy applies to the Site and all the services offered by ThinkStretch on this Site.

PERSONAL DATA

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, subscribe to email alerts, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site-related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance Users’ experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert them when cookies are being sent, but this may result in some parts of the Site not functioning properly. For more information please see our Cookie Policy.

How we use collected information

ThinkStretch may collect and use Users’ personal information for either improving the User’s experience or sending periodic emails.

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site and so that we may improve our Site.

If the User decides to opt-in to our email alerts, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users’ personal identification information to others. We will not allow unrelated third parties to use your personal information for marketing without your consent.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners for the purposes outlined above.

We may disclose and share personal information with (1) our group companies or any entity which acquires any part of our business, (2) with our service providers (including, for example, suppliers who develop or host our sites), (3) with third-party search engines that may index user profile pages and usernames as part of the URL of the user profile page by default, and (4) if required or permitted by law with other third parties with your consent.

Changes to this privacy policy

We may update this Privacy Policy at any time. When we do, we will revise the updated date. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

STUDENT DATA

As you use this site, you will enter student data, or interact with student data that has already been entered, into the ThinkStretch Data Management System.

ThinkStretch takes seriously the security of this student data and complies with all Federal law pursuant to its protection.

Federal law (the Family Educational Rights and Privacy Act, “FERPA”) allows a school educational institution to release student records to an organization that is “conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests… [or] improving instruction.” However, FERPA requires limitations on disclosure of those records and implementation of appropriate security measures to protect those records. To help your school educational institution comply with FERPA, ThinkStretch has adopted certain practices, and requires that educators using this site fulfill certain responsibilities to safeguard student data.

Additionally, ThinkStretch operates in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly collect or use personally identifiable information from anyone under 13 years of age.
You control what student data is entered on this site. Student data entered on this site should be limited to information that is relevant to the legitimate educational purpose of improving student performance. We will not ask you to enter, and you are instructed not to enter, data about students that is not relevant to this legitimate educational purpose.

Therefore, only a minimum amount of personally identifiable student data required for the setup of the system is requested. We require student first name, student last name, and student identification number. Additional data, not specific to the student, is also required to complete system setup, including the teacher first and last name, class name, grade level, and school name. Student demographic data, for the purposes of optional disaggregated reporting, is requested separately from the initial setup data and is obtained only with written permission from your educational institution.

Use, Disclosure, and Storage

We will use the student data to provide the services to your school educational institution. We will not keep the student data after you or the school educational institution instructs us to delete it. You may not disclose or otherwise use the student data entered on this site for any unauthorized purposes.

We will only disclose student data to authorized employees or representatives of the school educational institution, and will not knowingly disclose the student data to any third person without express written authorization. When, at the request of the educational institution, we acquire assessment or other information, including personally identifiable student data, from a third party source we treat that information with the same confidentiality and security safeguards as though it were provided directly by the educational institution. Additional agreements may be required by the third party to authorize transmission of data to ThinkStretch LLC.

We may also use aggregated data in our research, product development, and marketing. That aggregated, non-personally identifiable data (e.g., summary or statistical data) may be shared with third parties. However, we do not use personally identifiable student data to market any products or services directly to students or their parents.

In the event that ThinkStretch wishes, from time to time, to release aggregated data that identifies your school or school educational institution by name, ThinkStretch will enter into a separate agreement with you to authorize release and publication.

Data Quality

You are responsible for keeping the student data that you enter accurate, complete and up-to-date. If you recognize that student data is inaccurate, incomplete, or out-of-date, you are responsible for correcting it directly in the Data Management System. For assistance, or if you experience difficulties making corrections to student data, please contact us immediately.

Security Safeguards

We are committed to protecting student data against unauthorized access, destruction, use, modification or disclosure. Protecting student data requires efforts from us and from you. We will implement reasonable and appropriate safeguards when collecting student data from you and when storing that student data in our database and you will observe our security safeguards and exercise reasonable caution when using this site.

Each authorized school official is given a Unique School Code, Username and Password valid only for the duration of the license. You must safeguard your Username and Password, and not permit any unauthorized access to student data entered or kept in ThinkStretch system.

Upon written request by the educational institution, ThinkStretch will destroy any student data for educational institutions who no longer participate in a ThinkStretch program. ThinkStretch will provide written verification that the data has been destroyed as requested.

When you use this site, you consent to our privacy practices and agree to accept the responsibilities outlined in this statement.

Contacting us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact info@thinkstretch.com.
Updated January 5, 2015

 

 

COPPA Children Online Privacy Protection

COPPA updated its rules on April 25, 2013 for technology used in a school setting. The new COPPA rules grant the school authority to give consent to collect personal information as long as it is not used for a commercial purpose.

ThinkStretch complies with all COPPA rules and student information.

ThinkStretch will never use personal student information for a commercial purpose, and no other information is collected.