Terms of Use for NUDGE BUG by The Acceleron Group, Inc.

This web page represents a legal document and is the Terms of Use and Privacy Policy (AGREEMENT) for our text message service, NUDGE BUG.

NUDGE BUG provides a pre-programmed series of transactional text messages sent directly to your phone or communication device.

Opt-In, Opt-Out and Message/Data Rates:

• Your mobile phone plan may charge you for each message received from NUDGE BUG and sent to NUDGE BUG. Your mobile phone plan may also charge you for data consumed while browsing websites recommended within NUDGE BUG text messages. It is solely your responsibility to understand these rates and pay these fees.
• You enroll in NUDGE BUG by texting “START” to the phone number provided for enrollment. In accordance with U.S. laws (specifically TCPA), texting “START” provides express written consent to enroll in the NUDGE BUG service.
• You may end enrollment at any time by texting “STOP” to the phone number provided for enrollment. Text “HELP” for help with the service.
• You may re-enroll at any time by texting “START” to resume service where you left off.

Current NUDGE BUG offerings (you may enroll in one or many of these programs):

• Re-Entry Reminders: Consists of approximately 30 messages per month for 2 months

If your access to NUDGE BUG was paid for by a third party, we may provide administrator access to your personally identifiable information to help inform your care, treatment, or supervision. By using NUDGE BUG, you agree to such access.

 

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS. BY USING NUDGE BUG, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, OPT OUT (END) SERVICE NOW OR AT ANY TIME BY TEXTING “STOP.”

By using NUDGE BUG, you agree to fully comply with and be bound by the following AGREEMENT while enrolled to use NUDGE BUG. Please review the following terms and conditions carefully.

Definitions

The terms “us” or “we” or “our” refers to The Acceleron Group INC., the owner of NUDGE BUG.

A “Member” (student, teacher or sponsor administrator) is someone who has registered with NUDGE BUG to use our Services.

All text, information, videos, audio files, graphics, design, programs and data offered through NUDGE BUG or Services, is collectively known as our “Content”.

“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information provided through the NUDGE BUG service.

“AGREEMENT” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.

“acceleronlearning.com” and “acceleronlearning.net” refers to The Acceleron Group INC., (TAGINC) a Texas corporation, and all names are used interchangeably.

“Content” refers to all products or services of The Acceleron Group, Inc.

“Acceleron products” means the non-exclusive license-based database messages and content that are available through NUDGE BUG.

“You” or “Your” refers to the User.

“The Service” refers to NUDGE BUG text message content, design, and the underlying proprietary software and technologies used to deliver those messages to users.

Acceptance of AGREEMENT

This AGREEMENT is between you and The Acceleron Group INC., known as TAGINC. throughout this document.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING NUDGE BUG CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE TEXT “STOP” TO END ACCESS TO NUDGE BUG IMMEDIATELY AND DO NOT USE OR ACCESS IT FURTHER.

Except as otherwise noted, this AGREEMENT constitutes the entire and only AGREEMENT between you and TAGINC for the use of NUDGE BUG, and supersedes all other AGREEMENTs, representations, warranties and understandings with respect to NUDGE BUG and the subject matter contained herein.

However, in order for you to use NUDGE BUG, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this AGREEMENT unless otherwise stated.

We may amend this AGREEMENT at any time without specific notice to you. The latest AGREEMENT will be posted on our website, and you should review this AGREEMENT prior to using NUDGE BUG. After any revisions to this AGREEMENT are posted, you agree to be bound to any changes to this AGREEMENT. Therefore, it is important for you to visit this page periodically to review the AGREEMENT. Please read this AGREEMENT carefully and save it. If you do not accept this AGREEMENT, do not access and use NUDGE BUG. If you have already accessed NUDGE BUG and do not accept this AGREEMENT, you should immediately discontinue use by texting “STOP” to end the Service.

Limited License

TAGINC. grants you a non-exclusive, non-transferable, revocable license to access and use NUDGE BUG strictly in accordance with this AGREEMENT. Your use of NUDGE BUG are solely for internal, personal, non-commercial purposes, unless otherwise provided in a separate AGREEMENT. No printout or electronic version of any part of NUDGE BUG may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of NUDGE BUG, Content, Services, and any software provided therein.

Our Relationship to You

This AGREEMENT in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TAGINC.

Our Intellectual Property

NUDGE BUG may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of NUDGE BUG or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of TAGINC.

Our Content, as found within NUDGE BUG, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of NUDGE BUG and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

NUDGE BUG will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail or email that contains the following information:

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2) A description of the copyrighted work that you claim has been infringed;

3) A description of where the material that you claim is infringing is located on NUDGE BUG;

4) Your address, telephone number, and email address;

5) 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; and

6) 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.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To subscribe to our Services, you must provide express written consent to the NUDGE BUG phone number provided by texting the word “START” to become a Member. Your Membership is not transferable or assignable and is void where prohibited. You must be at least 13 years of age to purchase any of our products.

Any registration to NUDGE BUG by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use unless granted by a parent or legal guardian. By registering for NUDGE BUG and/or Service, you represent and warrant that you are 13 or older, or that expressed permission from a parent or legal guardian has been given, and that you agree to and to abide by all of the terms and conditions of this AGREEMENT. TAGINC. has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

Our service includes messages and hyperlinks to resources that are intended for adults and children of all ages. Children under 13 years of age may use these messages and resources without providing any personally identifiable information and we do not intentionally seek to collect personally identifiable information from children under 13 when they use the NUDGE BUG service. Children under the age of 13 must have parental consent to view or use any of our products.

If you are a parent who believes that we have collected information about a child under age 13, please contact us at support@acceleronlearning.com with your child’s name and address, and we will delete the information we might have about your child from our records and provide information in accordance with the Children’s Online Privacy Protection Act. Please read our Privacy Policy.

Users – Policy

Users have access to the Content through a time-based non-exclusive license

Non-exclusive license fees are non-refundable

acceleronlearning.com may increase non-exclusive license fees for a subsequent non-exclusive license period at any time and for any reason

Right of Access to the content granted under these Terms is effective only upon payment of the non-exclusive license fees by the user or an affiliated party on the user’s behalf

Express written consent via “START” text must be provided for access

TAGINC. may any user’s access at any time as it deems necessary (e.g. to prevent abuse, contain cost etc.)

TAGINC. may accept or may deny a potential user’s opt-in request

Content Disclaimer

The opinions expressed on NUDGE BUG are not necessarily the opinions of TAGINC. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on NUDGE BUG. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that NUDGE BUG will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through NUDGE BUG will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of NUDGE BUG or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on NUDGE BUG or Services.

Social Services, Career, Financial, Legal, Personal Wellness and Other Advice Disclaimer

You hereby acknowledge that nothing contained in NUDGE BUG shall constitute social services, financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and TAGINC. or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other personal decision based exclusively on anything contained in NUDGE BUG or Services. Users are responsible for employing appropriate professional services and/or advisors to aid in the decision-making process.

Advertisers and Sponsors Disclaimer

NUDGE BUG may contain hyperlinks to third party resources that contain advertising and sponsorships. We do not have any business relationship with the owners of this third party content and do not intend to promote or otherwise endorse that advertising or sponsorship material. Hyperlinks are intended only for educational purposes as an additional resource beyond what is available via text message as part of the NUDGE BUG service. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD-PARTY RESOURCES DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TAGINC. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may reference third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO NUDGE BUG.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as a provider of information. We do not have any business relationships with third party Merchants and neither party has authority to make any representations or commitments on behalf of the other.

 

Warranty Disclaimer

NUDGE BUG or Services may be temporarily unavailable from time to time for maintenance or other reasons. TAGINC. 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, Member communications.

TAGINC. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the NUDGE BUG or Services, including without limitation any software provided through NUDGE BUG or Services.

Under no circumstances will TAGINC. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of NUDGE BUG or Services, or any interactions between Users of NUDGE BUG, whether online or offline.

TAGINC. reserves the right to change any and all Content, software and other items used or contained in NUDGE BUG or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by NUDGE BUG, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH NUDGE BUG ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NUDGE BUG AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TAGINC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF NUDGE BUG OR SERVICES. TAGINC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF NUDGE BUG OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. TAGINC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH NUDGE BUG OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TAGINC. NUDGE BUG AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH NUDGE BUG OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, browser, telecommunications equipment, message and data plans, and Internet service necessary for use of NUDGE BUG.

Limited Warranties

acceleronlearning.com warrants that the software that allows Users to Access the content, if operated as directed, will substantially achieve the functionality described.

ACCELERONLEARNING.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT, MESSAGE AND DATA PLANS, AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SERVICE.

acceleronlearning.com also warrants that the media containing the Software, if provided by acceleronlearning.com, is free from defects in material on the date the User acquired the Software. ACCELERONLEARNING.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE OR (B) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE NON-EXCLUSIVE LICENSE FEE PAID FOR ACCESS TO THE WEBSITE TO THE APPROPRIATE PARTY. THE USER MUST INFORM ACCELERONLEARNING.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM BY EMAILING SUPPORT@ACCELERONLEARNING.COM OR ACCELERONLEARNING.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY.

ACCELERONLEARNING.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH ACCELERONLEARNING.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION WITHIN NUGDE BUG, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

Modifications

NO DEALER, AGENT, OR EMPLOYEE OF ACCELERONLEARNING.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

Member Conduct

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

1) Text or otherwise transmit any Content that:

Violates any local, state, federal, or international laws.

Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

Links directly or indirectly to any materials to which you do not have a right to link.

Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from NUDGE BUG or Services.

Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure agreements).

In the sole judgment of TAGINC. is objectionable or which restricts or inhibits any other person from using or enjoying NUDGE BUG, or which may expose TAGINC., our affiliates, or our Users to any harm or liability of any type.

Transfer the NUDGE BUG content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the content; or “deep link” to the content.

Violate or attempt to violate acceleronlearning.com’s security mechanisms, access any data or server. You are not authorized to access or otherwise breach the security of the Service or corrupt the Service in any way.

Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Service or acceleronlearning.com.

Use the Service to violate a third-party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third-party’s intellectual property rights.

Misrepresent your identity or personal information when accessing the Service; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by acceleronlearning.com.

Provide any commercial hosting service with Access to the Service and/or the content on the Service.

To ensure that Users of the Service do not engage in Prohibited Conduct, acceleronlearning.com reserves the right to monitor use of the Service and reserves the right to revoke or deny Access to the content to any person or entity whose use of the content suggests Prohibited Conduct. Access of the materials available at the content beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the content and will result in revocation or denial of Access to the content. The terms “normal patterns” and “abuse” shall be determined solely by acceleronlearning.com.

2) Use our Content to:

Develop a competing service (whether text-message based or otherwise).

Create compilations or derivative works as defined under United States copyright laws.

Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer NUDGE BUG and any related software.

4) Use NUDGE BUG in any manner that violates this AGREEMENT or any local, state, federal, or international laws.

5) You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of NUDGE BUG and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Service. acceleronlearning.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Acceleronlearning.com may suspend Your Access while it conducts an investigation.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You agree to notify acceleronlearning.com immediately if you are aware of or suspect other unauthorized use of the Service and/or the Service content. Acceleronlearning.com will not be liable for any loss that you incur as a result of someone else using your phone or communication device to access the NUDGE BUG service.

You may be held liable for any losses incurred by acceleronlearning.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your phone or communication device to access the NUDGE BUG service.

Agents of acceleronlearning.com will never ask you for a password. If you wish to terminate service, text “STOP” to the number used to enroll (e.g. START) service.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this AGREEMENT and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Termination of AGREEMENT

In addition to acceleronlearning.com’s other rights, it may terminate this AGREEMENT at any time and at its sole and absolute discretion. acceleronlearning.com may also terminate access to the content or cancel non-exclusive licenses to the content without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this AGREEMENT, or engaged in conduct that acceleronlearning.com deems inappropriate.

Sharing NUDGE BUG Enrollment Phone Numbers

You may NOT share or otherwise distribute the NUDGE BUG phone number or enrollment information to anyone else. We reserve the right to terminate service at any time if sign-up and use patterns are not consistent with our expectations (e.g. mass distribution of enrollment information outside of our control).

Links to Other Websites

NUDGE BUG may, from time to time, contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. Inclusion of links for any website on NUDGE BUG does not mean that we endorse, guarantee, warrant, or recommend the Services, information, content and/or data of such third-party websites. TAGINC. has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information or checking account information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the price reflected in your licensing agreement, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this AGREEMENT or use of NUDGE BUG.

Arbitration

Any legal controversy or legal claim arising out of or relating to this AGREEMENT and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, WEBSITE operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  Your use of NUDGE BUG constitutes a waiver of your right to form a class action lawsuit.

The arbitration shall be conducted in the County of Denton, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Denton, Texas necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

Miscellaneous

These Terms constitute the entire AGREEMENT between acceleronlearning.com and User regarding the use of NUDGE BUG. Any previous AGREEMENT, whether oral or written, between TAGINC. and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, acceleronlearning.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. acceleronlearning.com’s remedies are cumulative and not exclusive. Failure of acceleronlearning.com to exercise any remedy or enforce any portion of this AGREEMENT at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the AGREEMENT at any time thereafter.

User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the Service, User signs for and accepts this shortening of the statutes of limitations.

Acceleronlearning.com makes no representation that the content of the Service is appropriate or available for use in all locations. Acceleronlearning.com operates this Site from the United States and makes no representation that the Service complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third-party is an intended beneficiary of these Terms. Acceleronlearning.com cannot provide notifications via post, only e-mail.

General Terms

This AGREEMENT shall be treated as though it were executed and performed in the County of Denton, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to NUDGE BUG or related service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this AGREEMENT be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this AGREEMENT, this AGREEMENT shall take precedence. Our failure to enforce any provision of this AGREEMENT shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this AGREEMENT shall survive any termination of this AGREEMENT.

 

Privacy Policy

The information from this point forward explains how the acceleronlearning.com NUDGE BUG service may collect and use your information. The NUDGE BUG is operated by The Acceleron Group, INC. (collectively, “TAGINC.”, “we” or “us”). acceleronlearning.com, acceleronlearning.net, and The Acceleron Group, INC. are used interchangeably.

How We Collect Information

Upon texting “START” to the provided phone number, NUDGE BUG records your phone number and registers that phone number with the appropriate NUDGE BUG text messaging program. Periodically, NUDGE BUG will send texts soliciting your feedback, such as responding “YES” or “NO” to a question. Your response is recorded in association with your phone number. This information is viewable by service administrators.

Use of Cookies

While NUDGE BUG does not employ cookies directly, many of the third party resources that we provide hyperlinks to may use them. A “cookie” is a small text file containing alphanumeric characters that is stored on your computer and uniquely identifies your browser. Sites may use persistent cookies that remain on your computer between visits so that when you return, they can remember you and your preferences.

You can manage these cookies. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, you may not be able to use all of the features on a given website.

Security

The security of NUDGE BUG and your information is of great importance to acceleronlearning.com. This service has reasonable security measures in place to protect the loss, misuse and alteration of your information under our control.

You should promptly notify acceleronlearning.com if your communications device has been stolen or abused.

What We Do With the Information We Collect

We will generally use the information that we collect to provide requested services, monitor and analyze activity on NUDGE BUG and improve the features, functionality and operation of NUDGE BUG. If your access to NUDGE BUG was paid for by a third party, we may provide administrator access to that third party. They may use your personally identifiable information to help inform your care, treatment, or supervision. By using NUDGE BUG, you agree to such access.

Your contact information

When you provide us with your phone number, we will use that information to provide the NUDGE BUG service. You may opt-out of receiving communications from us by texting “STOP” at any time. We do not share your name, phone number, or any individual user data with third parties for direct marketing purposes.

Payment for services

For those who purchase access or products through our site, we will require payment, and the information you provide to the payment service will be subject to the payment service’s terms of use and privacy policies. We do not retain any credit card information. However, we will retain each transaction’s identifier.

Information shared with our business partners

We may use business partners to help us operate NUDGE BUG or provide other online services. For example, we may hire a company to host NUDGE BUG and store our data. When we use business partners we will not allow them to use our data for their own purposes.

Statistical analyses of data

We will use computer software to analyze the data that is processed through NUDGE BUG to gather statistical information about the data on users. We use this information to gain a better understanding of our customers and to improve NUDGE BUG and product offerings. We reserve the right to aggregate information about the visitors and users of NUDGE BUG, and share it to help inform care, treatment, or supervision.

Business operations, law enforcement and legal actions

We may release your information without prior notice when we believe it is appropriate to prevent fraud; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; and to protect the rights, property and safety of our business and of others. If we ever sell the company, division or business unit that operates this site, we may also transfer the information we have collected in connection with such sale or merger.

We will use the information we collect to continuously improve our business and NUDGE BUG development. Your comments and suggestions about NUDGE BUG development are always appreciated. Please contact us at suppport@acceleronlearning.com if you have any comments or suggestions.

Third-party Websites

NUDGE BUG may provide links or hyperlinks to third-party websites or access to third-party content not affiliated with acceleronlearning.com. Such websites and content are neither operated nor maintained by us. We do not make any claim to the intellectual property of these websites, nor do we control, endorse, sponsor, or guarantee content found in third-party links and are not responsible for any content, associated links, resources, information collected, or services associated with a third-party site. We will not be liable, directly or indirectly, for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience and information only.

Changes to Your Information

If you are planning on changing phone numbers, you should text STOP on your old/current phone to the number provided to end enrollment. Then text START using your new phone number to re-enroll.

We are not responsible for the cost of text messages sent or received by someone who has obtained a phone number that is currently enrolled in this service. If you are receiving NUDGE BUG text messages and feel that your phone number is enrolled in error (or enrolled by a previous owner of the phone number), text STOP to end enrollment.

How We Protect Your Data

We use commercially reasonable means to protect the integrity of NUDGE BUG and limit access to your personally identifiable information. Your personal information is stored in a password secured database to which only TAGINC. or permitted third party administrators have access. You should be sure to protect your phone or communication device to prevent others from being able to access the Service in your name.

Data Integrity and Retention

We use the information that we collect about you only for the purposes for which it is collected and consistent with this policy. We keep information provided to us or posted on acceleronlearning.com (TAGINC.) for as long as we believe necessary for our business purposes and as permitted by applicable law.

Sale of Your Information

TAGINC. does not sell your personal information to third parties in the normal course of business. This is subject to change.

Changes to this Policy

Our business and the laws that regulate us change from time to time, and we reserve the right to change this policy. If we do change this policy, we will post the revised version on this site. If we propose to change our policy in a way that would permit us to make additional uses of information that we had previously collected about you, we will provide you with a meaningful way to opt out of those additional uses.

Children

Our site includes pages that are intended for adults and children of all ages. Children may use these pages without providing any personally identifiable information and we do not intentionally seek to collect personally identifiable information from children under 13 when they use these pages.

If you are a parent who believes that we have collected information about a child under age 13, please contact us at support@acceleronlearning.com with your child’s name and address, and we will be happy to delete the information we have about your child from our records and provide information in accordance with the Children’s Online Privacy Protection Act.

The Terms of Use and Privacy Policy Above is an AGREEMENT

When you visit this site, you are accepting the practices described in this document.

 

Contact Information:

The Acceleron Group, INC.

Email Us: support@acceleronlearning.com

WEBSITE: www.acceleronlearning.com

By using NUDGE BUG, I understand and agree to all of the above terms and conditions as outlined in the AGREEMENT and Privacy Policy described on this page.