Terms of Use
Last updated on: 5/30/2025
These Terms of Use (these "Terms") govern your access to and use of the ClickMind Products (as defined below) provided by ClickMind, LLC (the "Company"). Please read these Terms carefully before using the ClickMind Products.
"ClickMind Products" means the intellectual property, software, services, and other materials made available to you by the Company, including but not limited to the ClickMath application, website, and any related services. These Terms may be supplemented by additional terms or rules applicable to specific ClickMind Products.
ClickMind Products may be provided on a subscription basis or a trial basis. Access may also be provided through learning management system (LMS) integrations. The Company collects and processes information pertaining to children as a processor for the educational institutions. The Company does not use identifiable ClickMind student information for its own purposes. Please contact your ClickMind school's privacy policies and the Company's Privacy Policy at https://www.clickmindlearning.com for more information on data collection and usage practices.
ACCEPTANCE OF TERMS
The Company is willing to provide the ClickMind Products to you only on the condition that you first accept these Terms. By accessing, registering for, or using any ClickMind Product, or by accepting these Terms through an "I Accept" check-box or similar method, you agree to these Terms. These Terms along with any Order form a legally binding agreement between you and the Company.
Please read these Terms carefully and, if you wish, print or save a copy for your records. If you do not agree with these Terms, you may not access or use the ClickMind Products.
By accessing or using the ClickMind Products, you also agree to be bound by the Company's Privacy Policy, which is incorporated into these Terms by reference. You represent and warrant that you have the legal capacity to enter into this agreement. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Supplemental Terms may apply to certain products or parts of products, such as products for specific platforms. Such Supplemental Terms will be considered part of these Terms. In case of conflict, the Supplemental Terms will control.
If you are accepting these Terms on behalf of an organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms.
The Company reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of the ClickMind Products after such modifications constitutes your acceptance of the modified Terms.
If you do not comply with these Terms, we reserve the right to suspend or terminate your access to the ClickMind Products and delete your account, with or without notice.
ORDERS
You may gain access to ClickMind Products through an online or printed order form or other ordering document that references these Terms, including access through an access code or card (an "Order"). An Order may specify applicable fees, how long you are authorized to use the ClickMind Product, and other terms. In case of conflict between these Terms and the terms of an Order, the Order will control, but only to the extent of the conflict.
ClickMind Products are available for adults, children, teachers, and administrators. Some ClickMind Products may be available for free trial periods. Trial periods are subject to these Terms and any additional terms specified at the time of trial registration.
USE OF THE PRODUCTS
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the ClickMind Products for your personal, non-commercial use, or for educational purposes if you are an educational institution, in accordance with these Terms and any applicable Order.
You agree not to:
- Copy, modify, or create derivative works of the ClickMind Products
- Reverse engineer, disassemble, or decompile the ClickMind Products
- Remove, alter, or obscure any proprietary notices on the ClickMind Products
- Use the ClickMind Products for any illegal or unauthorized purpose
- Share your account credentials with others
- Interfere with or disrupt the ClickMind Products or servers
- Use any automated system, including "robots," "spiders," or "offline readers," to access the ClickMind Products
- Collect or harvest any personally identifiable information from the ClickMind Products
INTELLECTUAL PROPERTY
The ClickMind Products, including all content, features, and functionality, are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The ClickMath name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
TERMINATION
The Company may terminate or suspend your access to the ClickMind Products at any time, with or without cause, with or without notice, for any reason, including if you breach these Terms.
Upon termination, your right to use the ClickMind Products will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
DISCLAIMER OF WARRANTIES
THE CLICKMIND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Company does not warrant that the ClickMind Products will be uninterrupted, secure, or error-free, or that defects will be corrected. The Company does not warrant or make any representations regarding the use or the results of the use of the ClickMind Products in terms of their correctness, accuracy, reliability, or otherwise.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the ClickMind Products.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Washtenaw County, Michigan for the purpose of litigating any claims or disputes.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
ClickMind, LLC
2291 Weber Dr.
Dexter, MI 48130
Phone: 734-249-4593
Email: dan@clickmindlearning.com