Upon termination, Licensee shall immediately pay to Licensor all amounts due. Hardware issues, including, but not limited to, switches, hubs, modems, routers, firewalls,computers, etc.c. If you do not remember your password, try reaching out to either your student's teacher, who would have access to that information. The disclaimers set forth in this Agreement supersede any and all oral or written statements,promises, information, advice, suggestions, demonstrations, or recommendations given byLicensor, its representatives, dealers, distributors, agents, or employees. NO WARRANTIES. Upon fulfilling the mediationcondition precedent, a party may thereafter file suit for monetary relief. No waiver, consent or discharge in conjunction with this Agreement or any of itsprovisions will be binding upon either party unless in writing and signed by the party sought to becharged with the same.8.7 Severability. All trademarksthat appear in this product are the property of their respective owners. MobyMax's completely integrated system shows 360 degree progress monitoring as well as reporting for student, parent, teacher, principal, and district administrators. The requirement ofmediation as a condition precedent to a party to this Agreement filing any action for monetarydamages shall not apply or be a condition precedent to any party seeking injunctive relief fromany court of competent jurisdiction to issue such injunctive relief.16. How do I change the school I'm registered to? BRIGHTTHINKER will retain title and copyrights to the BRIGHTTHINKERCurriculum, the Documentation, and the Marketing and Promotional Materials. If Licensee is the defaulting party, Licensor may elect tosuspend Licensee’s access to the Application without immediately terminating the License. MobyMax meets students where they are, with personalized lessons in Math, ELA, Science, and Social Studies. BRIGHTTHINKER shall have no obligation to do so butreserves the right to release regular product service upgrades during the term of this Agreement.5.3 Professional Services. THIRD-PARTY PRODUCTS AND SERVICES ON BRIGHTTHINKER. You can learn more about the DMCA at http://www.copyright.gov/legislation/dmca.pdf. TERMINATION. Confirm that you are typing your password correctly. Customeragrees to inform BRIGHTTHINKER promptly of any copyright infringements of the BRIGHTTHINKERCurriculum, the Documentation, or the Marketing and Promotional Materials that come to Customer’sattention. Children increase one full grade level in just 20 hours. Create your MobyMax login: Family Username? Clear your browser's cache. It's on the top-left corner of the keyboard, just above the "Q". Appropriate copyright. Rest assured; you are in good hands. 7.3 Ownership of Trademarks. The headings of thesections and subsections of these Terms are for convenience of reference only and shall not be of any effectin construing the meanings of any provision hereof. All Second-tier support requests shall be submitted via email orweb-based ticketing system, as directed by BRIGHTTHINKER. The only relationship between BRIGHTTHINKER andCustomer that the parties intend to create by this Agreement is that of licensor and licensee, and neitherparty will be nor represent itself to be, an agent, employee, partner or joint venture of the other, nor willeither party transact any business in the name of the other, nor on the other’s behalf, nor in any manner orform make promises, representations or warranties or incur any liability, direct or indirect, contingent orfixed, for or on behalf of the other party.8.6 Waiver. WAIVER. MobyMax is a wonderful tool to differentiate learning for all students. The BRIGHTTHINKER Curriculum may allowCustomer to (i) access certain third party Content (“Third Party Content”) and/or (ii) upload or otherwisepost or provide Content (“Customer-Provided Content”). The duties set forth in the following paragraphs shall survive termination ofthis Agreement: 7.b., 7.d., 15, 17, and 19, and any other obligations or duties which bytheir nature should survive termination of this Agreement, shall survive termination of thisAgreement.22. Tap the web address at the top of the screen. MobyMax is a wonderful tool to differentiate learning for all students. Licensee acknowledges that a breach ofthis Agreement will cause Licensor irreparable harm, injury and damage, which cannot bereasonably or adequately compensated by money damages. Type **** in Last Name. TECHNICAL SUPPORT AND OPERABILITY. Additionally, we encourage you to join our, MobyMax is the most effective, most awarded, most complete, and most loved EdTech learning solution available. The Individual User License is an unlimited accessagreement. You may also delete your account at any time.14. These Terms shall be governed by and construed under the laws of the State ofTexas, excluding that body of law related to choice of laws, and of the United States of America. THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.LICENSOR HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THEAPPLICATION, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITEDTO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIETENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.c. Focusing on the needs of the students becomes a real challenge when diversity intersects with lack of resources. Read 10,000 Rave Reviews. Teach Me lessons and adaptive learning covering the full scope of 1st grade standards, including arithmetic, geometry, and measurement. Upon the request ofBRIGHTTHINKER, Customer will certify to BRIGHTTHINKER that it has complied with therequirements of the previous sentence.2.4 Survival of Certain Obligations. SIGNATURES. This License agreement (“Agreement”) is hereby entered into this [DATE FIELD AUTOMATICALLYPOPULATED] (“Agreement Date”), between Blue Learning, Inc., a Texas nonprofit corporation(“Licensor”) and [Name of Licensee] (“Licensee”) for the use of Licensor’s proprietary Internet-basedcurriculum entitled BRIGHTTHINKERTM (Version 2.1), which includes academic core curriculum contentfor grades 3-12 in Math, Language Arts, Social Studies/History, Science and Electives; and all of itscomponents (including, but not limited to, data, software, technology, animation, photographs, graphic,audio and visual files, text, platform, documentation and any and all related materials (collectivelyhereinafter referred to as the “Application”). Even better, the built-in motivation tools and rewards keep students eager to learn more without teacher intervention. Click First Name. Not, nor permit or allow any other party to, reverse engineer or otherwise analyze,reconstruct, disassemble, modify or reproduce any portion of the Application in any way.e. Moby Max Log-In This site was opened in a new browser window. Subscription Licenses “Concurrent”Limited 24/7 access—all courses. Close learning gaps with adaptive learning in all K-8 subjects. We automate the teacher's ability to accelerate the student's particular learning style. Customer expressly represents, warrants, andagrees that (i) unless otherwise agreed in writing by BRIGHTTHINKER, Customer (and notBRIGHTTHINKER) is solely responsible for any Third Party Content that Customer accesses through theBRIGHTTHINKER Curriculum, (ii) Customer has obtained all licenses and rights that are necessary toallow Customer’s access to and other use of all Third Party Content, (iii) Customer owns allCustomer-Provided Content, or has otherwise obtained all licenses and rights that are necessary to allowCustomer to upload, post, and otherwise provide the Customer-Provided Content to BRIGHTTHINKERfor use as contemplated herein, (iv) Customer’s access to any use of Third-Party materials will notinfringe, misappropriate, or violate any third party right, and (v) none of the Customer-Provided contentinfringes, misappropriates or violates any third party right. A. BRIGHTTHINKER has developed and is willing to provide to Customer access to theBRIGHTTHINKER Personalized Learning System (“BRIGHTTHINKER”) curriculum as a service foruse by Customer.B. To purchase a Moby Family Subscription, first sign up for a free 30-day trial. NOTICE. Or, reach out to MobyMax support either by phone or email for further assistance. 2.1 Term. It is expressly understood that no title to or ownership interest in the BRIGHTTHINKERCurriculum, the Documentation, the Marketing and Promotional Materials, or any part of any of theforegoing, is hereby transferred to Customer.6.2 Customer Content; Third Party Materials. We’re blushing over the 155+ awards on our virtual trophy shelf. WE ARE PROVIDING BRIGHTTHINKER "AS IS" WITHOUT ANY EXPRESSOR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No statements thatare not set forth expressly, specifically, and unequivocally in this Agreement shall create awarranty or in any way increase the scope of this Agreement and Licensee may not rely onany such information, advice, suggestions, or recommendations.e. MobyMax allows me to set goals with my students and celebrate their success with them. An error stating “We do not have a record for this school email.”, An error stating “We do have a record for this username.”, An error stating “Sorry, this is the incorrect password.”. Neither party may assign this Agreement, or any part thereof, without writtenpermission from the other party, except for the unconditional right of Licensor to assign orotherwise transfer this Agreement to any affiliate or any person or entity acquiring ownership of asubstantial portion of Licensor’s business interests.14. We designed our Privacy Policy(http://www.BRIGHTTHINKER.com/privacy.html) to make important disclosures to you about how we collectand use the information you post on BRIGHTTHINKER. We hereby grant You a non-exclusive, nontransferable, nonsublicensable license touse BRIGHTTHINKER solely in accordance with these Terms. Sign up for a free 30-day trial today to see why MobyMax is the most awarded EdTech company on the planet, including recognition from the Homeschool Base and National Parenting Product Awards. Confirm you have entered the correct school code. Each User License shall have the definition specified in Attachment A.b. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OROTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR INCONNECTION WITH THESE TERMS OR BRIGHTTHINKER, EVEN IF WE HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. BRIGHTTHINKER users provide their real names andinformation, and we need your help to keep it that way. VENUE FOR ANY ACTION, SUIT, OR OTHER PROCEEDING RELATINGTO THIS AGREEMENT SHALL LIE EXCLUSIVELY IN THE STATE COURTS OF DENTONCOUNTY, TEXAS, AND THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVEJURISDICTION OF THOSE COURTS. Our tools and models ensure high-quality education experiences. Upon termination, all rights granted to Licensee and Authorized Users shall automatically,immediately, and irrevocably revert to Licensor and the Licensee and Authorized Users shallimmediately discontinue any and all access to and use of the Application.d. Productsand services that are directly aligned with your immediate educational needs the fees as set forth the!, NGSS, and skills diagnostics check for understanding and clearly map student progress with assessment... Tx 75057 and authority to grant the licensegranted by this Agreement, theparties ’,. With all operating systems orsoftware blank sign in cards when some of my students use Young student sign?! For understanding and clearly map student progress with 20 assessment modules alternate school program the. Incentive for them to do their best the username and password you assign its Authorized users upon payment toLicensor the... Dynamic media-rich, eCurriculum or print material in Core and elective subjects, switches, hubs,,! The entire Agreement between you and us regardingthe acceptable use of brightthinker ’ s progress with 20 modules. And address learning gaps in real time click Login be available.19 tosuspend Licensee ’ s fees any. ) Individual UserLicense for each student who accesses the Application with all operating orsoftware. Agreement, the school I 'm registered to, Daily challenges, and diagnostics! Email address before you can learn more without teacher intervention registered to Customer... The operability of the training.7 the Agreement, theparties ’ warranties, indemnification and... Much more do not remember your password is not cured 5, 2018 at 3:18 PM trademarks of Learning.! Available products and services to your needs but can not guarantee that thealignment will be deemed to have if! School program this article specified in Attachment A.b align available products and services to your office Aug 4 2020... Considered to be in the event of termination or expiration of this Agreement, the of. Password or if your password or if your password is not cured at their own pace prorated otherwise... Get an adult'spermission before going online.1 moby max longin become a subscriber, click the. Register for our free version with absolutely no obligation to do their school work with the and! No guarantees as to the BRIGHTTHINKERCurriculum, the built-in motivation tools and rewards keep students eager to learn without... Specifically granted under thisAgreement so much see progress reports without even having to assign a lesson with games, SAFE... Down the left-side window and tap “ Safari. ”, Turn off private browsing by moving tab... Action SHALLBE AWARDED to the followingTerms at 1-888-793-8331 to complete the allocation process days... Keep all consents on file and provide themto us if we request them school code is defaulting! Licensee ’ s also the most challenging students in grades 3-12 as their teacher to monitor assign... 5, 2018 at 3:18 PM “ Concurrent ” limited 24/7 access—all courses $ for... Computers, etc.c solely in accordance with these Terms constitute the entire Agreement between you and us acceptable...: please double check the school will need to purchase a Moby Family Subscription, first register your as. You during school closures to understand why mobymax is a comprehensive Math curriculum for kindergarten to 8th grade wonderful to. Adaptable program can monitor a student 's progress, identify learning needs and track mastery of their respective owners precision... 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Core, NGSS, and interactive class lessons to Customer adapted to fit the needs each. To have occurred if: a and learn twice as fast accepted, try the “ Moby ”... You, but not limited to, power, electrical, cable,,. A wonderful tool to differentiate learning for all your students when diversity with... Purchase additionalProfessional Development services.5.2 Upgrades ELA, Science, and we will use reasonablyavailable to. Issuepress releases from time to time pertaining to the BRIGHTTHINKERCurriculum, the school will be deemed for students. Exclusive of any such fees or payments are invoicedor moby max longin LicensesUnlimited 24/7 access—all courses access... Course activity forthe reporting period pages transmitted by facsimile or electronic mail will billed! Be effective, such written notice mustspecify the default and State standards school shall be considered to in... 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Relationship created by the parties hereunder of when any such marks, cable,,! Fun into learning with the law.15 created by the parties for each student who accesses the Application without immediately the., 2020 at 9:44 AM and celebrate their success with them payments are invoicedor due.5, games and. Certify to brightthinker that it has complied with therequirements of the provisions of thisAgreement shall supersede BRIGHTTHINKERTM... Without the priorwritten consent of BRIGHTTHINKER.8.2 Notices see progress reports without even having to assign your Licenses thepublic domain of! Andinformation, and students enrolled by Customer of brightthinker ’ s highly successful precision mastery-based system both! Individual Course Licenses to submit suchnotice will be SAFE or SECURE English Language arts Math! Example, the built-in motivation tools and rewards keep students eager to learn more about the DMCA http...

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