Albert has signed the Student Privacy Pledge.
Last Updated: October 22, 2024
Welcome to www.albert.io (the “Site”), an online platform that provides educational products and services (the “Services,” and together with the Content (defined below) and the Site, the “Platform”), including, without limitation, educational tests, exercises, tools, capabilities, flashcards, questionnaires, courses, text, images, data, illustrations, files, audio, videos, designs, documents, information, materials and other content (collectively, the “Content”) for individual users and educational institutions (collectively, “Users”). The Platform is operated by Learn By Doing, Inc. (“us,” “we,” or “Albert”), except and unless otherwise indicated.
PLEASE READ THE FOLLOWING CAREFULLY: BY ACCESSING OR OTHERWISE USING THE SITE OR THE PLATFORM, YOU (“YOU” OR “USER”) AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY OTHER RULES OR GUIDELINES THAT WE POST FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”), AND CONFIRM THAT YOU HAVE REVIEWED AND UNDERSTAND OUR PRIVACY POLICY (FOUND HERE: https://www.albert.io/privacy) (“PRIVACY POLICY”). IF YOU DO NOT AGREE TO ALL THE TERMS INCLUDED HEREIN, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
IF YOU ARE UNDER THE AGE OF 13 (OR ARE OTHERWISE UNABLE TO ENTER INTO A CONTRACT), THEN YOU NEED TO GET YOUR PARENT OR LEGAL GUARDIAN (USUALLY YOUR MOM OR DAD) TO GIVE US PERMISSION FOR YOU TO USE THE SITE OR THE PLATFORM.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OR A TEACHER OR OTHER EDUCATOR USER (AS DEFINED BELOW) AND YOU GIVE US PERMISSION FOR YOUR CHILD, MINOR, OR STUDENT TO REGISTER WITH THE SITE OR ACCESS OR USE THE PLATFORM, THEN YOU AGREE TO BE BOUND BY THESE TERMS AS THEY RELATE TO SUCH CHILD’S, MINOR’S, OR STUDENT’S ACCESS AND USE OF THE SITE AND THE PLATFORM.
If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) any part of the Site or the Platform. References to “use,” “access,” or “permission” (to use or access) the Site or the Platform refers to use, access, or permission to use or access the Site or the Platform in any way and to any extent.
RESTRICTED ACCESS
As mentioned above, in accordance with the Children’s Online Privacy Protection Act (“COPPA”), if you are under the age of 13, you are not permitted to access or use the Platform without parental consent and an active school license. If you are a teacher, school administrator, or other Educator User (as defined below), you must collect parental consent before enrolling students under the age of 13 in Albert classes. Please review our Privacy Policy for more details.
If you believe, for any reason, that we have obtained any information from or about a User under the age of 13 that has not been provided in compliance with these terms and our Privacy Policy, please contact us immediately at hello@albert.io.
YOUR ACCEPTANCE OF THE TERMS
These Terms constitute a binding legal agreement between you and Albert outlining your legal rights, obligations, and remedies arising from your access to or use of the Site or the Platform. You should also review our Privacy Policy (https://www.albert.io/privacy), which provides information concerning our collection and use of your personal information. These Terms apply to anyone who accesses or uses the Site or the Platform. By accessing or using the Site or the Platform, you are indicating your acceptance of the Terms and Privacy Policy, including any dispute resolution, arbitration, indemnification, limitation of damages, and choice of law provisions.
We reserve the right to make changes at any time to the Site, the Platform, and/or these Terms without notice. If any modifications are made to these Terms, we will post the changes on the Site and will indicate at the top of this page the date these terms were last revised. Any modifications to the Terms will be effective upon posting, unless applicable law requires your affirmative consent, in which case, we will require such affirmative consent the next time you access the Platform. Your continued access to or use of the Platform following the posting of any revised Terms will constitute your acceptance of the modified Terms, including those modified Terms that you accepted through your affirmative consent.
If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority and are able to form this contract binding your employer, or the applicable entity, to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to these Terms.
USER ACCOUNTS
You must register for an account in order to gain access to and use certain parts of the Platform. You must provide true, accurate, current, and complete information when using the Platform, including when registering your account. You are also responsible for making sure this information remains current and up-to-date during your use of the Platform. You may not use, or register for, the Platform if your account has been previously suspended or removed by Albert.
When creating an account, you will be asked to provide a password. You are responsible and liable for any activity under your account, whether authorized or unauthorized, including without limitation any Losses (as defined below) incurred by the Albert Indemnified Parties (as defined below), so you must maintain the confidentiality of your password in order to prevent unauthorized access to, or use of, your account. If you believe that your account has been compromised and susceptible to unauthorized access or use (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you must notify us immediately at hello@albert.io.
You agree that you will not register an account to access or use the Platform or otherwise access or use the Platform if: (a) you were previously suspended or removed from the Platform by Albert or (b) you are under the age of 13 or under the age of consent in the state in which you reside and your registration has not been approved by a parent or legal guardian. By accessing, using or registering an account to access or use the Platform, you represent (a) that you have not been previously suspended or removed from the Platform by Albert; (b) that you are either (i) at least 13 years of age or are of the age of consent in the state in which you reside or (ii) your parent and/or legal guardian has consented to your access to or use of the Platform; and (c) that your registration and your access to or use of the Platform is in compliance with any and all applicable laws and regulations.
Child and Minor Users. If you are under the age of 13 (“Child User”) or are under the age of consent in the state in which you reside (“Minor User”), you may not access, use, or register to access or use, the Platform unless and until you have consent and approval from your parent or legal guardian. A Child User’s or Minor User’s registration process will be restricted until a parent or legal guardian consents to use of the Platform and assumes responsibility for the Child User or Minor User account.
Additionally, a Child User or Minor User may access and use the Platform if registered through certain educational organizations or, in certain cases, by Educator Users (as defined below) that have entered into a relationship directly with Albert and through which education organization or Educator User the parent and/or legal guardian of such Child User or Minor User has consented to access to and use of the Platform by the Child User or Minor User. Further, in certain instances, a Child User or Minor User may access and use our Platform via one of the third party applications that integrate into or with the Platform. A Child User or Minor User that has registered through such external educational organizations, third party applications, or Educator Users will only be permitted to access and use the Platform for so long as Albert reasonably believes that such access has been consented to by the Child User’s or Minor User’s parent or legal guardian.
Educator Users. We may make available features and tools that permit certain Users (such as, for example, teachers, school administrators, representatives of school districts, and other school officials) to work with students (collectively, the “Student Users,” and individually, a “Student User”) and other Users through the Platform in order to provide such Student Users and other Users with educational services, and to review and evaluate educational performance and progress of such Student Users (each an “Educator User”). If you are an Educator User, you must use Albert’s teacher registration process when registering accounts on the Platform. IF YOU ARE AN EDUCATOR USER AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR A MINOR USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS WRITTEN CONSENT FROM SUCH CHILD USER’S OR MINOR USER’S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD USER OR A MINOR USER FOR ACCESS TO OR USE OF THE PLATFORM AND FOR YOU TO PROVIDE TO ALBERT THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER OR A MINOR USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER OR A MINOR USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USES OF THE SITE AND THE PLATFORM BY THE CHILD USER OR A MINOR USER. You hereby agree to indemnify, defend and hold harmless the Albert Indemnified Parties (defined below) from and against any and all claims, losses, liabilities suits, demands, damages, judgments, settlements, fines, penalties, interest, costs and expenses (including, but not limited to, any fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) (collectively, “Losses”) arising out of or related to (a) your violation of any provision, representation or warranty in these Terms; (b) the use of the Site or the Platform by the Child User or Minor User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User or Minor User, or (e) any other action or omission related to the Child User or Minor User.
OWNERSHIP OF THE SITE AND THE PLATFORM; ACCESS LICENSE
You acknowledge that the Site and the Platform (including the Services and the Content) are proprietary to us. The Site and the Platform may also include links to other websites or content owned by us. You may only download, view, copy and print information, materials, and any other aspect of the Site or the Platform according to the directions and instructions on the Site and (i) solely for your personal, non-commercial, and informational purposes, subject to the use restrictions and obligations set forth in these Terms; and (ii) provided that neither the materials nor any proprietary notices or disclaimers therein are modified or altered.
Subject to the terms and conditions of these Terms, Albert grants you a limited, personal, non-transferable, non-sublicenseable, non-exclusive, revocable license to access and use the Site and the Platform within the jurisdiction specified in any purchase order or other agreement between the parties or, if no such other purchase order or agreement exists, then within the United States, in accordance with your agreed upon level of use, access, and permissions, in all cases solely limited to educational, non-enterprise (other than accredited educational institutional enterprise), usage (“Permitted Use”). This limited license can be revoked by Albert at any time for any reason. You acknowledge and agree that it is your responsibility to inform us immediately if you are granted use, access, or permission rights exceeding the level of use, access, and/or permissions to which you are entitled. All rights not expressly granted to you in these Terms are reserved and retained by Albert.
Without limitation of the foregoing, your limited license to access and use the Site and the Platform is granted strictly according to our prevailing restrictions at the time of registration, which are subject to change from time to time, with or without notice, unless required by applicable law.
Albert may terminate your membership, remove any Submissions (as defined below) that you have posted on the Platform and/or prohibit you from using or accessing the Site or the Platform for any reason, or no reason, at any time in its sole discretion, with or without notice.
Albert does not offer refunds on purchases with respect to being able to access and use the Platform. We may, at our sole discretion, issue refunds if we determine appropriate. Refund requests may be sent to hello@albert.io.
RESPONSIBILITIES OF USE
You understand that the Platform is available for your personal, non-commercial and lawful use only.
You acknowledge and agree that your access to and use of the Site or the Platform is subject to applicable local, state, national and international laws and regulations. You agree not to take any action in connection with your access to or use of the Site or the Platform with respect to another User which violates any local, state, national or international law or regulation and to fully comply with all applicable local, state, national and international laws and regulations in your access to or use of the Site or the Platform as pertaining to other Users. You are entirely responsible for your access to and use of the Site and the Platform, including but not limited to communications with other Users and abiding by any and all applicable laws during such access or use.
Any access to or use or attempted access to or use of the Site or the Platform: (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site or the Platform; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Albert to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site or the Platform, you agree you will not:
Except as expressly provided herein or elsewhere on the Site, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site, the Platform or any portion thereof or any Content on the Site or the Platform, without the prior written permission of Albert. In addition, you agree not to link to any page of the Site other than the home page located at www.albert.io.
You may, for your personal, non-commercial, lawful use only display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you. You may not, under any circumstances, display, view, use, or play the Content in connection with: (y) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (z) providing archived or cached data sets containing Content to another person or entity. Such uses of the Content are strictly prohibited.
You agree to access the Site through a web browser, and specifically agree not to use any unauthorized third-party applications to access the Platform; provided, for avoidance of doubt, that Third-Party Sites (including without limitation Integrated Services) provided for use by Albert in writing shall not be prohibited under this provision.
Albert reserves the right to monitor the use of its services and to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, withholding cash back or the suspension or termination of a User’s access and/or account. Albert may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Albert reserves the right at all times to disclose any information as Albert deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Albert’s sole discretion. You also agree to reimburse Albert for any Losses Albert incurs because of your use of the Site or the Platform for any unlawful or prohibited purpose. Albert reserves the right to remove any User-submitted content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Digital Millennium Copyright Act (“DMCA”).
REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that any information, communications, materials, software, or data that you submit to or through the Platform, or that you access, use, download, or otherwise obtain on or through the Platform, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
You represent, warrant, and covenant that you will not (including without limitation if you are agreeing to these Terms as a teacher or other educational professional) provide information to Albert from any student or parent/legal guardian that has opted out of the disclosure of directory information or other data governed by applicable state or federal data protection laws. Albert depends on you to ensure that you are complying with The Family Educational Rights and Privacy Act (“FERPA”) and other state and federal laws regarding the processing and disclosure of any personally-identifiable information that will be shared with us and our service providers.
You represent, warrant, and covenant that you will take all necessary precautions to secure against unauthorized access or disclosure any usernames, passwords, and other means of gaining access to Albert Platforms, Services, and hosted data.
You represent, warrant, and covenant that you will notify Albert immediately of any known or suspected unauthorized use of or access to our Services (including the House Points App) or any personally-identifiable information, and that you will assist Albert in any efforts to investigate and respond to any such unauthorized use or access.
You represent, warrant, and covenant that you will not request that Albert undertake any act or omission which would constitute a violation of applicable law or regulations, contractual restrictions, or these Terms or our Privacy Policy.
COPYRIGHT
© Learn By Doing, Inc. All rights reserved.
You may access copyrighted material for Permitted Uses only, unless you obtain express written permission from an authorized representative of Albert, to download copyrighted material for other uses. Thus, you may not copy, redistribute, retransmit, publish or commercially exploit accessed material without our express written permission. As between you and us, all content on and/or provided via the Platform, including where an external copyrighted work is used (whether or not such external ownership is referenced and attributed), is owned by us.
In the case of any and all permitted copying, redistribution, or publication of copyrighted material, you may not make any changes to, or delete, any trademark legend, copyright notice, author attribution, or other ownership-related symbol. You acknowledge and agree that no ownership rights are conferred to or acquired by you upon download or use of copyrighted material.
The Content on and/or provided by the Platform is our property and 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 us. 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 Permitted Uses, 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 will, unless otherwise agreed, charge a usage fee for such use of no less than $50 per item of Content per use of such item of Content.
TRADEMARKS
The Albert name and other Albert graphics, logos, designs, page headers, selected icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Albert in the U.S. and/or other countries. Our 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 or the Platform are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained on the Site or the Platform should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site or the Platform without our express written permission or that of the appropriate third party that owns the Trademark. Except as expressly permitted by these Terms, any unauthorized use of the Trademarks is prohibited.
SUBMISSIONS
Any information, data, communications, or material of any type or nature that you submit to or post on the Site or the Platform, or any of our pages contained on a social media platform or website, by e-mail, chats, posting, messaging, uploading, downloading, or otherwise, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information you provide relating to the Site or the Platform (collectively, “Submissions”) is done at your own risk and without any expectation of privacy. Albert does not own any Submissions provided via the Site or the Platform. You are fully responsible for all Submissions, which must comply with these Terms. You hereby agree that by submitting or posting such Submissions, you grant Albert all copyright, patent, trademark, moral and other intellectual property rights, as my exist at the time of submission or later come into being, in such Submissions. To the extent that, for whatever reason, such rights do not vest in Albert, then you agree to take any action, and execute any document, as may be required to perfect such rights and ensure that they vest in Albert or, at Albert’s option, you appoint Albert as your agent to take such actions and execute such documents. Further, if for any reason, such rights are finally adjudicated to have vested in any portion in you or any third party, then you hereby grant a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions. You hereby represent and warrant: (a) that you have the full legal right to so use such Submissions; (b) the Submissions are not confidential or proprietary to any third party; (c) no Submission submitted through your account or otherwise posted, transmitted, or shared by you on or through the Platform will violate or infringe upon the rights of Albert or any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material; and (d) you are not using Submissions in violation of any law, regulation, or contractual restriction. You acknowledge and agree that any Submissions are non-confidential, except as required by applicable law, and shall become the sole and exclusive property of Albert, except as required by applicable law. We shall be entitled to the unrestricted use and dissemination of this information and data (excluding any Personal Data (as defined in our Privacy Policy)) for any purpose, commercial or otherwise, without acknowledgment or compensation to you, except as required by applicable law.
Albert neither actively monitors general use of the Site or the Platform, nor exercises editorial control over any Submissions. However, Albert does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in Albert’s sole discretion, may be illegal, may subject Albert to liability, may violate these Terms, or are inconsistent with Albert’s purpose for the Site or the Platform, and you hereby consent to such monitoring.
USAGE DATA
Unless prohibited by applicable law, Albert retains ownership in any all usage, metadata, navigational, transactional, computer (e.g., IP address and browser), statistical, analytical, and similar data collected, generated, or derived from the use of the Site or the Platform (collectively “Usage Data”) (excluding any Personal Data). To the extent you retain ownership of Usage Data under applicable law, you hereby grant Albert a worldwide, royalty-free, and non-exclusive license to access and use your Usage Data for the sole purpose of enabling Albert to provide the Site and the Platform, and for the limited purposes set forth in our Privacy Policy. You also permit Albert to use your Personal Data as set forth in our Privacy Policy.
EDUCATOR COMMITMENTS
You shall provide student data for the purposes of this Agreement in compliance with any applicable state or federal laws and regulations (including applicable law) and municipal ordinances pertaining to data privacy and security applicable to you. If you provide Education Records (as defined under FERPA) to Albert, you represent, warrant and covenant to Albert, as applicable, that you have: (a) complied with all applicable provisions of applicable law relating to disclosures to school officials with a legitimate educational interest, including, without limitation, informing parents and legal guardians in their annual notification of applicable law rights that the educational institution with which you are associated defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Albert; or (b) obtained all necessary parental/legal guardian or eligible student written consent to share the student data with Albert, in each case, solely to enable Albert’s operation of the Platform. You represent, warrant, and covenant to Albert that, except as allowable under any “school official” designation contained herein, you shall not provide information to Albert from any student or parent/legal guardian that has opted out of the disclosure of Directory Information (as defined under FERPA). Albert depends on you to ensure that you are complying with the applicable law provisions regarding the disclosure of any student information that will be shared with Albert.
THIRD-PARTY SITES
For your convenience, the Site or the Platform may contain hyperlinks (or send you through the Platform) to other websites, applications, or social media platforms which are not under the control of Albert (“Third-Party Sites”). Albert does not represent, endorse, or sponsor any Third-Party Sites and is not responsible for the availability, accuracy, content, or any other aspect of the Third-Party Sites. Albert disclaims all liability for such Third-Party Sites, for all access to and use thereof, and for use of the links to such Third-Party Sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Third-Party Sites and any purchases of products or services from such Third-Party Sites are subject to the terms and conditions of such other Third-Party Sites. You agree that you will bring no suit or claim against Albert arising from or based upon any such use of any Third-Party Sites. Hyperlinks to such Third-Party Sites on the Site or the Platform do not imply that: (a) Albert is affiliated or associated with any Third-Party Site; (b) Albert is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Third-Party Site is authorized to use any trademark, trade name, logo, or copyright symbol of Albert. If you decide to access Third-Party Sites (or you access Third-Party Sites while on or engaged with the Site or the Platform), you do so at your own risk and agree to fully indemnify, defend, and hold harmless the Albert Indemnified Parties from and against any and all Losses incurred as a result of your use of, or access to, any Third-Party Site.
Without limiting the foregoing, Albert may allow you to register for the Platform through certain third-party websites or networks, such as Google, Facebook, and Clever (each an “Integrated Service”). Albert may also allow you to associate your account with an Integrated Service. If you register through, or associate with, an Integrated Service, you agree (i) that Albert may access your account information from such Integrated Service, (ii) to abide by any and all rules and policies, including terms and conditions and privacy policy, of the Integrated Service while using the Platform through, or associating with, the Integrated Service, (iii) that the Integrated Service is a Third-Party Site, and (iv) that you are solely responsible for your interactions with the Integrated Service as a result of using the Platform through, or associating with, the Integrated Service. In no event will Albert be responsible or liable for any access to or use of any Integrated Service by you or any other person or entity.
DISCLAIMER OF THIRD-PARTY MATERIALS
To the extent that any information, material, functionality, software, or content on the Site or the Platform is provided by third party providers (“Third-Party Materials”), Albert has no control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services, or Third-Party Materials are those of the applicable third party. Albert does not represent or endorse the accuracy or reliability of any opinion, statement, or Third-Party Material provided by any third party (including, without limitation, any Submissions), or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Albert.
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. If contacted with a DMCA request that we reasonably determine to be valid, we will comply with DMCA procedures as to that request.
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:
Attn: DMCA Agent
Learn By Doing, Inc.
301 West Grand Ave. #440 Chicago, IL 60654
Phone: (800) 554-8115
Email: hello@albert.io
DISCLAIMERS
THE SITE AND THE PLATFORM ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” AND ALBERT 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. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE PLATFORM, AND WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR THE PLATFORM (OR THE CONTENT CONTAINED THEREON AND/OR THEREIN) IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY OF IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY AND ALL SUCH SOFTWARE, CONTENT, DATA, OR OTHER MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN SOFTWARE, CONTENT, DATA, OR OTHER MATERIALS FROM OR THROUGH THE PLATFORM 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 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, your (or any User’s) Submissions. We will not be responsible for any loss or damage, including any loss or damage to any User resulting from anyone’s use of, or access to, the Site, the Platform (including without limitation the Content) or any Third-Party Site.
TYPOGRAPHICAL ERRORS
You expressly understand and agree that the Site and the Platform may include technical inaccuracies or typographical errors. Albert shall have no liability in connection with any such inaccuracies or errors, nor shall Alberts have any obligation to identify and/or correct any such inaccuracies or errors.
LIMITATION ON LIABILITY
To the maximum extent permitted by applicable law, in no event will Albert, or Albert‘s directors, officers, shareholders, employees, agents, representatives, suppliers and licensors, be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of your access to or use of, or inability to access or use, the Site, the Platform (including without limitation the Content) or any Third-Party Site, 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, regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Albert is not responsible for any liability arising out of the Site or the Platform or any material linked through the Site or the Platform.
Furthermore, you acknowledge and agree that any damage caused to our, or a User‘s computer system, as a result of using the Site or the Platform or downloading material from the Site or the Platform is at your own risk and/or your own responsibility.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Albert, and its directors, shareholders, officers, agents, affiliates, representatives, and employees (collectively, the “Albert Indemnified Parties”), from and against any Losses, arising out of or in connection with your access to or use of the Site, the Platform (including without limitation the Content), any Third-Party Site (including without limitation Integrated Services), or your conduct in connection with the Site or the Platform or with other Users of the Site or the Platform.
ELECTRONIC COMMUNICATIONS
When you use the Site or the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
GOVERNING LAW
By visiting or using the Site or the Platform, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Albert.
GENERAL
These Terms, as may be revised from time to time, supersede any prior agreements and constitute the entire agreement between you and Albert regarding your access to and use of the Site and the Platform. You agree that you shall not contest the admissibility or enforceability of Albert’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Albert. Albert may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Albert. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. To the extent any portion of these Terms shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms as so modified will remain in full force and effect. The failure of Albert to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. Neither these Terms, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Albert and you. You may not enter into any contract on our behalf or bind us in any way. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Albert is involved in a merger, acquisition, or sale of all or a portion of our assets, including in the case of a bankruptcy, Users will be notified via email of any change in ownership. In such a case, a successor entity will assume Albert’s responsibilities and obligations herein.