Terms of Use

As of November 1st, 2015

The Albert.io service and website (collectively, “Albert.io” or “the Service”) are operated by Learn By Doing, Inc. (“us”, “we”, “Albert.io”, or “the Company”). By accessing or otherwise using our website at www.albert.io (the “Site”), you (the “User”) agree that you have read, understand and agree to be bound by these terms and conditions (“Terms of Use”). If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site.

Albert.io Services

Albert.io is an online provider of educational tools and content (collectively, all Albert.io content, products, and tools are called "Services"). The Albert.io website and all related Albert.io Services are provided by Learn By Doing, Inc., a U.S. corporation.

Responsibilities of Use

The User is wholly responsible for the use of Albert.io Services, including but not limited to communications with other Albert.io users and abiding by any applicable law during such use. User acknowledges that all use of Albert.io is subject to applicable federal, state, and local laws.

Privacy

We understand and respect your concerns about the use of your personal information. We will not share any of the personal information you provide us in your use of our Site to any third party.

When you use Albert.io, you provide us with two types of information: 1) personal information that you knowingly choose to disclose to us, and 2) information collected by us as you interact with our Website. When you register with Albert.io or accept permissions within Facebook or Google+ for the Albert.io application, you provide us with, or agree to allow Facebook or Google+ to provide us with, certain personal information such as your name, your email address, and any other personal or preference information that you provide to us.

Albert.io employs browser cookies and other technologies to collect information about users, such as their IP address, the type of browsers used, web pages viewed, and other information. We take measures to ensure that our cookies do not collect personally identifiable or sensitive information. The aggregate information we collect is analyzed and may be combined with similar aggregate information of other visitors to our Website. You may set your browser to reject cookies; however, this may affect some functions of the Site.

We collect data about our users’ interactions with our site’s supplementary educational content (i.e., which questions they answered and their accuracy on those questions) and is independent of official school records. We do not require access to the school’s student data or records, nor do we require personal information not directly tied to the use of our site, such as home address, social security numbers, birth dates, or phone numbers.

All student data is kept within our database, which has daily backups and is protected by SSH (Secure Shell) and a firewall. All actions that involve the digital transmission of personal data are handled by a 256-bit SSL (Secure Sockets Layer) encryption. At any time, you can request that we export your data to you and/or delete it from our servers, which allows for FERPA compliance. Users can, at any time, from any device, log into their account to access all of their student data securely.

All requests to challenge or request an amendment to any educational records held by us by an eligible student or educational institution will be examined and responded to by our support staff within 24 hours on weekdays and 48 hours on weekends. We can handle any kind of reporting at the individual student level that is required.

We do not disclose, share, or sell any personally identifiable information about students to any third parties for uses such as targeted advertising. The only parties that are shared data are the creator of the Albert.io account and optionally, teachers if the student user opts into a “class” created by a teacher on Albert.io.

We fully comply with the Requirements for Accessible Electronic and Information Technology Design as laid out by the U.S. Department of Education here.

In order for a student to enroll in a teacher’s classroom, they must belong to the same school and have the correct classroom enrollment code, which only their teacher knows.

Because we are a supplementary resource, we never disclose information to other educational institutions or parties.

In accordance with California Assembly Bill No. 1584, Learn by Doing, Inc. certifies that any pupil records supplied by the local educational agency to us, will remain the sole property of that educational institution.

Albert.io does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Albert.io or send any information about yourself to us, including your name, address, telephone number, or email address.

Account Usage

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update your Registration Data, and any other information you provide to the Company, in order to keep such information accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Copyright

© Learn By Doing, Inc. All rights reserved.

User may access copyrighted material for personal use only, unless User obtains express permission in writing from an authorized Albert.io Education, Inc. representative, to download copyrighted material for other uses. Thus, except as otherwise expressly permitted under copyright law, User may not copy, redistribute, retransmit, publish or commercially exploit accessed material without express permission in writing of Albert.io. All content on the Site, except where an external copyrighted work is referenced and attributed, is originally developed by Learn By Doing, Inc. and is considered under copyright.

In the case of any and all permitted copying, redistribution, or publication of copyrighted material, User may not make any changes to, or delete, any trademark legend, copyright notice, author attribution, or other ownership-related symbol. User acknowledges and agrees that no ownership rights are conferred or acquired by User upon download or use of copyrighted material.

The text, images, data, illustrations, files, audio, videos, designs, documents, and other materials and content (collectively, the “Content”) on the Site is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us.  You may not copy, modify, distribute or otherwise use any of the Content, except with written permission from the Company.  Please note that we may withdraw any Content from the Site at any time in our sole discretion.

Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited.  If you wish to use any of the Content for commercial use, publication, or any purpose other than accessing for personal use, you must obtain our written permission prior to such use.  We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use.

User License

Albert.io grants User a personal, non-transferable, non-exclusive, revocable license to use Albert.io Services. This limited license can be revoked at any time for any reason.

If User pays to access content, User acknowledges that his or her license to use the content, product, or service is granted according to the prevailing restrictions at the time of purchase, the terms of which are subject to change, with or without notice to the User

Trademarks

The Albert.io name and other Company graphics, logos, designs, page headers, selected icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of others’ trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part.

Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties.  Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark.  Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited. 

User Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site or through the Service will violate or infringe upon the rights of Albert.io or any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Third-Party Websites and Content

The Site may contain (or send you through the Site or the Service) links to other websites (“Third-Party Sites”) as well as applications, software, text, graphics, pictures, music, sound, video, articles, photographs, and other content belonging to or originating from third parties. The Company makes no warranty regarding the accuracy, appropriateness, or completeness of such Third-Party Content, and is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed on the Site. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or applications, software or content does not imply endorsement by Albert.io. If you decide to leave the Site and access a Third-Party Site or Applications, you do so at your own risk.

Refunds

Albert.io does not offer refunds on purchases with respect to being able to access and use content or features on the Site. The Company may, at its sole discretion, issue refunds if it determines it appropriate to do so. Refund requests may be sent to hello@albert.io.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.

Submissions

You acknowledge and agree that any information or content (“Submissions”), provided by you to the Company are non-confidential and shall become the sole and exclusive property of the Company. The Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Digital Millennium Copyright Agent

For purposes of the Digital Millennium Copyright Act (“DMCA”), we have designated an agent for notices of claimed infringement.  If you have any objections governed by the DMCA, please contact the agent listed under the Section entitled “Contact Information” below.  We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose.

Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact:

Luke Liu

1837 Norfolk Avenue
Westchester, IL 60154
E-mail: luke@albert.io

Disclaimers

THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, SITE CONTENT, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR THE SERVICE, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Albert.io assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company will not be responsible for any loss or damage, including any loss or damage to any User resulting from anyone’s use of the Site or the Service, Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users whether online or offline.

Limitation on Liability

To the maximum extent permitted by applicable law, in no event will Albert.io, or Albert.io‘s suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use or access, Albert.io Services, including, without limitation, work disruptions, incomplete work, damages for loss of goodwill, computer failure or malfunction, or any and all other personal or commercial damages or losses, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Albert.io is not responsible for any liability arising out of the Albert.io Services or any material linked through the services.

Furthermore, User acknowledges and agrees that any damage caused to User‘s computer system as a result of using Albert.io or downloading material from Albert.io is at User‘s own risk and responsibility.

Governing Law

By visiting or using the Site or the Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.

Indemnification

Users agree to indemnify and hold the Company, and its directors, officers, agents, affiliates, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third-Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site.

Modifications to Terms of Use

Albert.io may at any time, change, modify, add, or delete portions of these Terms of Use at any time without further notice. If updated, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.

Governing Law

By visiting or using the Site or the Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.

Entire Agreement

These Terms of Use supersede any prior agreements and constitute the entire agreement between you and the Company regarding the use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.