By accessing or using the website operated by Rambeau, LLC (“Rambeau”), the Rambeau
service, or any applications (including mobile applications) made available by Rambeau
(together, the "Service"), however accessed, you agree to be bound by
not access or use the Service.Visitors and users of the Service are referred to
individually as "User" or “user” and collectively as
"Users" or “users”.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND RAMBEAU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and Content (except as may be the result of standard search engine protocols or technologies used by a search engine with Rambeau's express consent).
It is Rambeau's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Rambeau does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Rambeau is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
A. Child User
If you are under the age of 13 (a "Child User"), you may not create or register an account for the Service without consent and approval from your legal parent or guardian, or from your school as provided in the subsection below titled "School Use". If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in in the subsection below titled "School Use", a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Rambeau, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Rambeau reasonably believes that such access has been consented to by the Child User's parent or guardian, or by School Consent (as discussed in the subsection below titled "School Use").
B. Parent User
If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services ("Parent User"). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Rambeau may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Rambeau deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Rambeau reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT RAMBEAU CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND RAMBEAU IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER'S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Rambeau at any time and without warning for any failure to abide by these Terms.
C. School Use
Rambeau may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through the Service in order to provide such students with tutorial, educational and other education-related services as part of the school's curriculum, to review and evaluate educational achievement and progress of such students, and to conduct contests or events that may involve rewards or prizes. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:
(a) Limitations on Use. The Service is provided to you for educational purposes as part of the school curriculum. You must use the Servicein compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Serviceor access to the Service.
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
(iii) You assume sole responsibility (and hereby agree that Rambeau is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use, and disclosure of personally identifiable information to Rambeau in connection therewith. You represent and warrant to Rambeau that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and
under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.
We refer to this a "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Rambeau to discontinue that Student's access to the Services and ensure that such Student's information is no longer accessible through the Services. Under no circumstances will Rambeau be liable for the School Personnel's failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
(c) Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Rambeau that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as "School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar service (to the extent we support use of such similarservice)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School's class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School's class on the Service, please contact our customer support team at _Rambeaullc@gmail.com.
(d) Use of Integrated Services in School Accounts. If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts.
Rambeau may permit a User to associate a personal account with their School Account, by using the login credentials associated with a personal account to join a class or use the account for school-directed learning, for example. If a User chooses to associate a personal account with their School Account, the two accounts will be deemed "Linked" Accounts, and the User's learning activity (information regarding use of the Service generated by the User through use of the Service), whether generated during or outside of the school use, may be viewed by any person with access to either account. "Linked" Accounts are not separately functioning accounts; they permit access to a singular Rambeau account using more than one account interface or set of access credentials. Linked Accounts may benefit Students who want to use the Service for both personal and school purposes, by allowing School Personnel to have a deeper understanding of Student progress or activities, and by allowing Users to keep track of all of their Rambeau activities on an aggregate basis. The User's election to enable account linking must be made, if at all, in connection with the initial account registration and rostering process for a given school year. Once accounts are linked, they cannot be separated. Rambeau may (but is not required to) enable linking of accounts as described herein. Upon any termination of the School Account by authorized School Personnel, the User's learning activity or other activities (including any learning activity from school use) will be retained in any Linked personal account.
E. School Districts.
Rambeau may enter into supplemental written agreements with school districts or with schools with respect to use of the Services on a district-wide basis, a single school basis, or multiple school basis ("District Agreements"). Pursuant to District Agreements, we may provide additional services to school districts or schools, and/or may provide additional undertakings to school districts or schools with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district or school.
IV. Reporting Copyright and Other IP Violations
V. Disclaimer of Warranties
SERVICE, INCLUDING, WITHOUT LIMITATION, RAMBEAU CONTENT, ARE PROVIDED ON AN
"AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS"
BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RAMBEAU NOR ANY
RELATED COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS
(COLLECTIVELY, THE "RAMBEAU PARTIES") MAKE ANY REPRESENTATIONS OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
(A) THE SERVICE; (B) THE RAMBEAU CONTENT; (C) USER CONTENT; OR (D) SECURITY
ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO RAMBEAU OR VIA THE SERVICE.
IN ADDITION, THE RAMBEAU PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE AND VIP SERVICES.
THE RAMBEAU PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
VI. Limitation of Liability; Waiver
NO CIRCUMSTANCES WILL THE RAMBEAU PARTIES BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT,
ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE RAMBEAU
CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE
PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN
INVESTIGATION BY THE RAMBEAU PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING
YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS
OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING,
FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS
OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RAMBEAU PARTIES HAVE BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT
LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO
EVENT WILL THE RAMBEAU PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE
OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
WILL THE RAMBEAU PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR
CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RAMBEAU'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RAMBEAU PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RAMBEAU PARTIES.
RAMBEAU IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
if you opt-out of the arbitration agreement only with respect to disputes
relating to your or Rambeau's intellectual property (such as trademarks, trade
dress, domain names, trade secrets, copyrights and patents) ("Excluded
Disputes"), you agree that all disputes between you and Rambeau (whether
or not such dispute involves a third party) with regard to your relationship
with Rambeau, including without limitation disputes related to these Terms of
Use, your use of the Service, and/or rights of privacy and/or publicity, will
be resolved by binding, individual arbitration under the American Arbitration
Association's rules for arbitration of consumer-related disputes and you and Rambeau
hereby expressly waive trial by jury. As an alternative, you may bring your
claim in your local "small claims" court, if permitted by that small
claims court's rules. You may bring claims only on your own behalf. Neither you
nor Rambeau will participate in a class action or class-wide arbitration for
any claims covered by this agreement. You also agree not to participate in
claims brought in a private attorney general or representative capacity, or
consolidated claims involving another person's account, if Rambeau is a party
to the proceeding. This dispute resolution provision will be governed by the
Federal Arbitration Act. In the event the American Arbitration Association is
unwilling or unable to set a hearing date within one hundred and sixty (160)
days of filing the case, then either Rambeau or you can elect to have the
arbitration administered instead by the Judicial Arbitration and Mediation
Services. Judgment on the award rendered by the arbitrator may be entered in
any court having competent jurisdiction. Any provision of applicable law
notwithstanding, the arbitrator will not have authority to award damages,
You may opt out of this agreement to arbitrate with respect to the Excluded Disputes. If you do so, neither you nor Rambeau can require the other to participate in an arbitration proceeding. To opt out, you must notify Rambeau in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Rambeau, LLC ATTN: Rambeaullc@gmail.com
You must include your name and residence address, the email address you use for
your Rambeau account, and a clear statement that you want to opt out of this
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Rambeau.
IX. Governing Law & Venue
State of Florida, without giving effect to any principles of conflicts of law.
For any action at law or in equity relating to the arbitration provision of
arbitrate, you agree to resolve any dispute you have with Rambeau exclusively
in a state or federal court located in Miami-Dade County, Florida, and to
submit to the personal jurisdiction of the courts located in Miami-Dade County,
Floridafor the purpose of litigating all such disputes.
X. Entire Agreement