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Terms of Use



Welcome to Homeschool Panda, provided by FASHCo, LLC. Homeschool Panda, also referred to as “HSP”, “HSP Mobile Application”, “HSP Web Application”, “Panda Messenger” and/or its affiliates provide website features and other tools and services to you when you visitwww.homeschoolpanda.com or use the HSP mobile application or software provided by Homeschool Panda in connection with any of the foregoing (collectively, "HSP Services"). Homeschool Panda provides the HSP Services subject to the following conditions.

**By using HSP Services, you agree to these conditions. Please read them carefully**

SCOPE


We offer a wide range of HSP Services, and sometimes additional terms may apply. When you use a HSP (for example, Connect & Collaborate, Your Profile, HSP Blog, User Review, Your Content Library, or HSP Mobile App) you also will be subject to the guidelines, terms and agreements applicable to that HSP Service ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

Violation of this Terms of use shall terminate any rights, agreements, subscriptions, receivables, privileges, including agreements created by HSP Privacy Notice, Community Rules & Guidelines and any other HSP Service Terms. HSP reserves the right, in its sole discretion and for any reason, to terminate your access to all or part of HSP Services, with or without notice. Please note that such termination may also terminate or otherwise affect your access to some or all Participating Sites and Services with which you may have registered using HSP Services. You may terminate this Agreement by simply discontinuing use of the Service and the Software. Terms of Use shall terminate any rights, agreements, subscriptions, receivables, privileges, including agreements created by HSPPrivacy NoticeCommunity Rules & Guidelinesand any other HSP Service Terms. HSP reserves the right, in its sole discretion and for any reason, to terminate your access to all or part of HSP Services, with or without notice. Please note that such termination may also terminate or otherwise affect your access to some or all Participating Sites and Services with which you may have registered using HSP Services. You may terminate this Agreement by simply discontinuing use of the Service and the Software.



PRIVACY



What Personal Information About Users Does HSP Gather?


Required Information – Safety and Privacy when using ‘Connect & Collaborate’

As part of our unwavering commitment to the safety and privacy of our users and their families, we require the following pieces of information for verification of identity: first name, last name, middle initial (if any), city, zip code and state. We collect this information for actively checking against the Department of Justice National Sex Offenders Public Website (NSOPW) database. Users who do not provide this required information will not be allowed to use ‘Connect & Collaborate’ features. With or without cause and with or without notice, HSP reserves the final right and discretion for allowing, rejecting, continuing, discontinuing, terminating, suspending and / or disclosure of user accounts.

When using ‘Connect and Collaborate’ features, providing false identity information will lead to, including but not limited to, forfeiture of stored user data, termination of user account, reporting to law enforcement agencies, prosecution and civil lawsuit to recover for any damages / harm caused to our users, brand, goodwill and credibility.



What we do with this information


We realize, that Sex offenders have always lived in our communities. The Community Protection Act of 1990 enables us to check the NSOPW database and be pro-active about avoiding any potential threat to any of our users and their families. Our objective is not to abuse this information, or to threaten, intimidate or harass registered sex offenders. Using the required information, our users feedback and by detecting repeated suspicious, abusive, harassing and / or irregular activities on HSP service platforms we can and will duly take the strictest, swift and legitimate action permissible in law including, but not limited to forfeiture of stored user data, termination of user account, reporting to law enforcement agencies, prosecution and civil lawsuit to recover for any damages caused to our users, brand, goodwill and credibility.


In addition to the above we automatically collect:


  • The name of the internet domain (for example, "123mycompany.com" if you use a private Internet access account, or "123myschool.edu" if you are connecting from a university's domain);
  • The Internet Protocol (IP) address (a number that is automatically assigned to your computer when you are using the Internet) from which you access our site;
  • The type of browser and operating system used to access our site;
  • The date and time you access our site;
  • The internet address of the website from which you linked directly to our site; and
  • The pages you visit and the information you request;
  • The content and other information you provide when you use HSP Services, including when you sign up for an account, create or share, and message or communicate with others;
  • Your user profile information, such as your name, e-mail address and social media profile / ID information, when you provide Us Feedback or contact Us via e-mail or participate in Our polling activities;
  • Media content (e.g. photo, video, audio files) such as the location of a photo or the date a file was created;
  • Information on how you use HSP Services, such as the types of content you view or engage with or the frequency and duration of your activities. This information is used to improve the Site and Services;
  • When you are using a HSP site/app, our servers collect information such as your web request, IP address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other browsing information. This information is used to improve the Site and Services;
  • Content and information that other users provide about you when they use HSP Services, such as through our ‘Connect and Collaborate’ features, including information about you, such as when they share a photo of you, attend / organize an event with you, send a message to you, or upload, sync or import your contact information.

To understand our practices in more details, please review our Privacy Notice and Community Rules & Guidelines


ELECTRONIC COMMUNICATIONS


When you use any HSP services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other HSP Services, such as our Message / Notification Center, and you can retain copies of these communications for your records. 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.


COPYRIGHT


All content included in or made available through any HSP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HSP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HSP Service is the exclusive property of HSP and protected by U.S. and international copyright laws.


TRADEMARKS


If you would like to receive a non-exhausting list of items that are deemed trademarks of HSP please contact HSP support line. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HSP Service are trademarks or trade dress of HSP in the U.S. and other countries. HSP trademarks and trade dress may not be used in connection with any product or service that is not provided by HSP, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits HSP. All other trademarks not owned by HSP that may appear in any HSP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HSP.


PATENTS


Please contact HSP support line or e-mail info@homschoolpanda.com or a non-exhaustive list of applicable HSP patents and applicable licensed patents.


LICENSE AND ACCESS


Subject to your compliance with these Terms of Use, HSP or its content providers grant you a limited, non-exclusive, non-transferable, non sublicensable license to access and make personal and non-commercial use of the HSP Services. This license does not include any resale or commercial use of any HSP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any HSP Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by HSP or its licensors, suppliers, publishers, rights-holders, or other content providers. No HSP Service, nor any part of any HSP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HSP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HSP without express written consent. You may not use any meta tags or any other "hidden text" utilizing HSP name or trademarks without the express written consent of HSP. You may not misuse the HSP Services. You may use the HSP Services only as permitted by law. The licenses granted by HSP ceases if and when you do not comply with these Terms of Use or any Service Terms.



YOUR ACCOUNT


If you use any HSP Service, you are responsible for maintaining the confidentiality of your account log in credentials and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (1) immediately notify Us of any unauthorized use of Your account or any other breach of security and (2) ensure that You fully exit from Your account at the end of each session. We will not be liable (to You or any third party) for any loss or damage arising from or related to the unauthorized use of Your account (unless such use is directly caused by Our gross negligence).

HSP does provide tools and services for children’s education and learning, but it provides such tools and services for use by adults (e.g. parents, educators, care givers, teachers), who can utilize such tools and services responsibly and in the method and manner as reasonably intended for. If you are under 18, you may use HSP Services only with involvement of a parent or guardian. HSP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion. With or without cause and with or without notice, HSP reserves the final right and discretion for allowing, rejecting, continuing, discontinuing, terminating, suspending and / or disclosing of user accounts.



REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT


Visitors at PreciousYears.com and HSP Mobile App, wherever available to do so, may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. HSP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Reviews, Comments, Communications and Interactions on HSP Community and collaborative platform is subject to Community Rules & Guidelines.

If you do post content or submit material, and unless we indicate otherwise, you grant HSP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HSP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HSP for all claims resulting from content you supply. HSP has the right but not the obligation to monitor and edit or remove any activity or content. HSP takes no responsibility and assumes no liability for any content posted by you or any third party.



COPYRIGHT COMPLAINTS


HSP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.



RISK OF DATA LOSS


All content, tools and services provided by HSP are subject to usability conditions and/or restrictions of your device and operating system, that you may be using. This means that the risk of data and content loss, risk of loss in functionality transfers to you upon your use of HSP Services.



PRODUCT DESCRIPTIONS


HSP attempts to be as accurate as possible. However, HSP does not warrant that service descriptions or other content of any HSP Service is accurate, complete, reliable, current, or error-free. If a service offered by HSP itself is not as described, HSP offers no monetary remedy.



APP PERMISSIONS


When you use apps created by HSP, such as the HSP Mobile App or Home School Panda Planner App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by HSP by following these instructions.


For most Android devices:
  • Open the main Settings app.
  • Select Apps or Application Manager.
  • Select an app.
  • Scroll to Permissions to see the features the app has permission to use.

For most iOS devices:
  • Open the iOS Settings screen.
  • Select the app to see the features the app has permission to use.

For most Windows devices:
  • On the Start screen, tap or click Store to open the Windows Store.
  • Search or browse for an app, and then tap or click it.
  • Scroll to the Details section of the app's description page to see the features the app has permission to use.


HSP SOFTWARE TERMS


In addition to these Terms of Use, the terms found in any service software (e.g. HSP eLearning Software) apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with HSP Services (e.g. "HSP Software").



OTHER BUSINESSES


Parties other than HSP may operate stores, provide services, or sell product lines through the HSP Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. HSP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms / conditions of use.



DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THE HSP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES ARE PROVIDED BY HSP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HSP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HSP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HSP SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRECIOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF USABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HSP DOES NOT WARRANT THAT THE HSP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES, PRECIOUS YEAR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HSP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HSP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HSP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HSP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.



DISPUTES


Any dispute or claim relating in any way to your use of any HSP Service will be resolved by confidential binding arbitration,rather than in court, except that you may assert claims in small claims court if your claims qualify. The Florida Statutes Chapter 682 Arbitration Code apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal team at ‘Legal - HSP, C/O FASHCo, LLC 12221 Towne Lake dr #200, Fort Myers, FL 33913​. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HSP will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We (HSP and it’s users) each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.



APPLICABLE LAW


By using any HSP Service, you agree that the Florida Arbitration Code, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern theseTerms of Use and any dispute of any sort that might arise between you and HSP.



SITE POLICIES, MODIFICATION, AND SEVERABILITY


Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your use of HSP Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.



OUR ADDRESS


HSP
C/O, FASHCo, LLC
12221 Towne Lake dr #200
Fort Myers, FL 33913​
www.homeschoolpanda.com


How to Serve a Subpoena


If you have a subpoena to serve on HSP, please note that HSP does not accept service via e-mail or fax and will not respond to the subpoena service via e-mail or fax. All subpoenas must be properly served onwww.homeschoolpanda.com, by mailing to the below address:

Legal
HSP
C/O, FASHCo, LLC
12221 Towne Lake dr #200
Fort Myers, FL 33913​

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information may include, for example, your e-mail, and/or your HSP user ID, your device identification, and/or details of HSP service, which you are using or have used.




If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint by writing to us as outlined below. We respond quickly to the concerns of rights owners about any alleged infringement.

When writing to us about Copyright Infringement, please provide us with this information:

  • A physical and original (not digital or e-signature) signature of the person authorized to act on behalf of the owner of the Copyright interest;
  • A description of the Copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


HSP copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
HSP
C/O, FASHCo, LLC
12221 Towne Lake dr #200
Fort Myers, FL 33913​

Please note that this procedure is exclusively for notifying HSP that your copyright material has been infringed.



Additional HSP Software Terms


  1. Use of the HSP Software. You may use HSP Software solely for purposes of enabling you to use and enjoy the HSP Services as provided by HSP, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the HSP Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the HSP Software or otherwise assign any rights to the HSP Software in whole or in part. You may not use the HSP Software for any illegal purpose. We may cease providing any HSP Software and we may terminate your right to use any HSP Software at any time. Your rights to use the HSP Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain HSP Software that are specifically identified in related documentation may apply to that HSP Software (or software incorporated with the HSP Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any HSP Service is the property of HSP or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the HSP Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. Third Party AnalyticsWe have engaged Inspectlet to analyze the activities of visitors to this website, and Inspectlet’s authorized use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this website. Such access to and use of Personal Information by Inspectlet is governed by Inspectlet’s Privacy Policy https://www.inspectlet.com/legal#privacy .
  4. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the HSP Software, whether in whole or in part, or create any derivative works from or of the HSP Software.
  5. Updates. In order to keep the HSP Software up-to-date, with or without notice, we may offer automatic or manual updates. Updates are essential to take full advantage of our software features.
  6. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the HSP Software. If you are a U.S. Government, Regional or State School District or Government Social Services end user, we are licensing the HSP Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the HSP Software are the same as the rights we grant to all others under these Terms of Use.


**To understand our practices in more details, please review our Privacy Noticeand Community Rules & Guidelines which also governs your use of HSP Services**