Terms and conditions for using NEO LMS

Use
The "NEO LMS" site (https://www.neolms.com, henceforce referred to as "NEO") is a cloud-hosted LMS (learning management system) that can only be used by schools for children (public and private) and accredited universities/colleges that award degrees (higher education). Other types of organization are welcome to use our MATRIX LMS for businesses (https://www.matrixlms.com).
Privacy
We will not share any data you store on NEO with any 3rd parties without your express authorization. We are FERPA and EU-US Privacy Shield compliant.
Copyright
You retain copyright of the materials you upload to the site.
Content
You should not upload any content that contains a virus or that is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, then we will ask you to remove it from our site. If you do not comply in a timely fashion, then we reserve the right to delete the content from your site and/or suspend your site.
Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Cypher Learning immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Service level
We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in multiple Amazon cloud zones. Since we launched our site in 2009, we have a 99.95% uptime record. We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.
Support
We provide technical support via our online support forum to our Small school and Enterprise plan members. We strive to respond to support requests within 30 minutes during US business hours (9am to 5pm PST), but we do not guarantee a particular response time.
Bug fixes
If a critical bug is reported, we will dedicate our engineering resources to fix the bug as soon as commercially possible. We prioritize and fix non-critical bugs at our discretion.
API access
We provide API access to sites on our Enterprise plan. To protect our servers, we enforce an limiting rate on API access. We reserve the rate to block and/or cancel API access in order to protect the smooth functioning of our site.
Backups
We create automated on-site and off-site backups of our database. These backups are primarily for the purpose of restoring the production database in the event of a database corruption or other kind of disaster. We provide a trash can feature to allow our users to undo an accidental deletion. If data is deleted due to user error, our support service does not include restoring this data. If data is deleted due to a bug, then we will try to restore the data if it's commercially feasible.
Security
We use industry best practices to protect the privacy and security of your data. If we detect a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.
Premium plans
We provide a free plan as well as several premium plans. You can pay for the premium plans on a monthly basis using a credit card or PayPal, or on a yearly basis using a credit card, PayPal, wire transfer, or purchase order. If we don't receive your payment when it is scheduled, you will receive a warning notice with instructions on how to address the issue. If the payment problem is not addressed within 2 months of receiving the payment warning notice, then we reserve the right to suspend your site until the outstanding payment is received.
Disclaimers
Cypher Learning is not responsible for any incorrect or inaccurate content posted on the NEO web site or in connection with the NEO features, whether caused by users of the NEO features or by any of the equipment or programming associated with or utilized in the NEO features. Profiles created and posted by members on the NEO web site may contain links to other web sites. Cypher Learning is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by Cypher Learning. Inclusion of any linked web site on the NEO features does not imply approval or endorsement of the linked web site by NEO. When you access these third-party sites, you do so at your own risk. Cypher Learning takes no responsibility for third party advertisements which are posted on this NEO web site or through the NEO features, nor does it take any responsibility for the goods or services provided by its advertisers. Cypher Learning is not responsible for the conduct, whether online or offline, of any user of the NEO features. Cypher Learning 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, any user or member communication. Cypher Learning is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the NEO features or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the NEO features. Under no circumstances shall Cypher Learning be responsible for any loss or damage, including personal injury or death, resulting from use of the NEO features, attendance at a Cypher Learning event, from any content posted on or through the NEO features, or from the conduct of any users of the NEO features, whether online or offline. The NEO features are provided "as-is" and as available and Cypher Learning expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cypher Learning cannot guarantee and does not promise any specific results from use of the NEO features.
Liability
In no event shall Cypher Learning be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the NEO site, even if Cypher Learning has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, Cypher Learning liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Cypher Learning for the NEO web site features during the term of membership.
Disputes
If there is any dispute about or involving the NEO features, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Cypher Learning or you may demand that any dispute between Cypher Learning and you about or involving the NEO features must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, San Francisco, USA, provided that the foregoing shall not prevent Cypher Learning from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold Cypher Learning, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NEO features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the NEO web site or through the NEO features causes Cypher Learning to be liable to another.
Other
This agreement is accepted upon your use of the NEO web site or any of the NEO features and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and Cypher Learning regarding the use of the NEO features. The failure of Cypher Learning to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
Each physical school must have a single URL
We do not allow multiple physical schools to share the same URL since this would allow them to sign up for a single premium account and avoid paying their fair share. Similarly, we do not allow a single physical school to have multiple URLs since this would allow a large school to sign up for several free plans and bypass our free plan size limit.
Accounts many not be shared
We do not allow accounts to be shared by users. This is for a variety of reasons, including: (1) Security: It is hard for an organization to secure an account if more than once user shares the same userid and password. And if an account is reported for inappropriate content, it would be very hard for us to take action against that account because it would no longer be associated with a particular user. (2) Pricing. We charge for our site based on the number of student accounts. If a large school allowed all their students to access our site via a few shared accounts, we would not be compensated fairly for the service that we provide.
Purging accounts
Any user account that is not registered with a school is considered to have been abandoned and may be deleted at our discretion without warning.
Purging schools
Any school that is not on a premium plan and whose administrators and teachers have not accessed the site for at least 6 months is considered to have been abandoned and may be deleted at our discretion without warning.

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