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SNAP LEARNING, LLC. (“SNAP”) IS A PROVIDER OF READING AND LITERACY PRODUCTS, INCLUDING MOBILE, INTERACTIVE, AND DOWNLOADABLE PRINT MATERIALS. THE READING AND LITERACY PRODUCTS INCLUDE THE FOLLOWING:

SNAP! MOBILE

SNAP! MOBILE IS A PRODUCT THAT IS ACCESSED THROUGH A FREE APP POWERED BY MOBL21 ON IPAD OR ANDROID DEVICES, AND ON LAPTOP COMPUTERS, WITH TITLE DESIGNED TO HELP STUDENTS GRADES K-6 ACQUIRE CONTEXTUAL BACKGROUND KNOWLEDGE, PRACTICE FLUENCY, AND VOCABULARY, THROUGH READING OR LISTENING AND INTERACTIVELY PARTICIPATING WITH THE STORY. THE APP COLLECTS DATA FROM BUILT-IN ASSESSMENTS FOR FLUENCY AND COMPREHENSION AND STORES IT ON THE MOBL21 WEBSITE FOR EASY ACCESS BY THE TEACHER OR ADMINISTRATION. SNAP! MOBILE FEATURES TEXT AND AUDIO IN ENGLISH AND SPANISH WITH INTERACTIVE EXERCISES, VIDEOS, PHOTO SLIDESHOWS AND ANIMATIONS. THE TEACHER VERSION INCLUDES A FULLY SCRIPTED DIGITAL LESSON PLAN WITH EMBEDDED PROFESSIONAL DEVELOPMENT CONTAINING THREE LESSONS PER TITLE.

SNAP! INTERACTIVE

SNAP! INTERACTIVE PROVIDES UNIQUE AND ENGAGING INTERACTIVE LESSONS FOR SUPPLEMENTAL READING ON ELECTRONIC WHITEBOARDS OR PROJECTOR/COMPUTERS. EACH LESSON REPLICATES SNAP BOOKS, VIVIDLY DISPLAYING EACH PAGE AND EMBEDDING VIDEOS, SLIDE SHOWS, ANIMATIONS AND GRAPHIC ORGANIZERS, PROVIDING AN OPPORTUNITIES FOR STUDENTS TO INTERACT USING A BUILT-IN PENCIL, HIGHLIGHTER AND ERASER. SNAP! INTERACTIVE STUDENT ACTIVITY PAGES AND STUDENT BOOKS CAN BE PRINTED.

SNAP! PRINT

SNAP! PRINT CONSISTS OF A PREDOMINANTLY NONFICTION LIBRARY OF BOOKS THAT ENGAGE STUDENTS IN LEARNING TO READ AND COMPREHEND THROUGH INFORMATIONAL TEXTS AND READING CONTENT CONCEPTS. EACH TITLE INCLUDES BUILT-IN FLUENCY PRACTICE, VOCABULARY AND COMPREHENSIVE SCAFFOLDS WITH ALL ACTIVITIES TO SUPPORT INSTRUCTION IN THE TEXT. TEACHERS ARE PROVIDED CLEAR, CONCISE, SCRIPTED LESSON PLANS THAT SUPPORT EACH TITLE WITH EMBEDDED PROFESSIONAL DEVELOPMENT. EACH GRADE LEVEL PROVIDES NEARLY 30 HOURS OF INSTRUCTIONAL TIME, CAN BE STRUCTURED TO ACCOMMODATE PROGRAMS FOR RTI, SPECIAL NEEDS, OR SMALL GROUP INTERVENTION. ALL PRINT MATERIALS CAN BE PRINTED AS DESIRED INCLUDED WITH THE ANNUAL FEE. WE ALSO OFFER THE ABILITY TO PURCHASE PREPRINTED KITS AT AN ADDITIONAL CHARGE.

SNAP! MOBILE, SNAP! INTERACTIVE, AND SNAP! PRINT ARE COLLECTIVELY REFERRED TO HEREIN AS, THE “PRODUCTS”.
NATURE OF THE AGREEMENT

This Agreement is a legal contract made between you and SNAP. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Products.

USE OF PRODUCTS

Subject to the terms of this Agreement, SNAP grants to you a limited, personal, non-transferable, and non-exclusive right to use the Products that you select and purchase during the Term. SNAP reserves all rights not expressly granted to you in this Agreement. You shall advise any students, faculty and/or staff that access or use the Products that such use or access is strictly governed by the terms and conditions of this Agreement. If the Products are purchased by an educational institution, any faculty, staff or student who ceases its association with the purchasing educational institution, shall not be permitted to use the Products without first obtaining written permission from SNAP to further use such Products. Your use of the Products shall be strictly in accordance with this Agreement and SNAP’s Terms and Conditions of Use. Your use of the Products shall be conditioned upon payment in full for the requested Products in advance of your download or receipt of the Products. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Products; provided that, SNAP shall maintain and update the SNAP? Mobile App through which the SNAP! Mobile products are accessed. Nothing in this Agreement grants or transfers to you any ownership rights in the Products, including the software and other intellectual property rights related to the Products. Access to and use of the Products is by permission of SNAP only, and only for individuals who accept this Agreement. SNAP may grant or withhold approval in its sole discretion.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

SNAP retains all rights to the Products not specifically granted in this Agreement. SNAP owns or licenses the Products and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you, or any other person, any title to or any proprietary or intellectual property rights in or to the Products, any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement.

YOU MAY NOT USE, COPY, OR MODIFY THE PRODUCTS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

RESTRICTIONS

To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, or disassemble the Products; (b) rent, lease, loan, sell, sublicense, transmit, or otherwise transfer the Products access to any third party; (c) make any copy of or otherwise reproduce the Products, other than as provided in this Agreement; or (d) disclose any user ID or password provided to you by SNAP to any third party. You shall promptly report to SNAP any unauthorized use of the Products of which you become aware and shall take such further steps as may reasonably be requested by Products to prevent unauthorized use thereof.

YOUR OBLIGATIONS

You shall be solely responsible for the following: (a) providing all hardware, software, and communications capabilities required for use of the Products, including, without limitation, personal desktop or laptop computer with Adobe Acrobat Reader, 1MB RAM, with internet access; iPAD Tablet with a minimum of iOS 5; and Android Tablet with a minimum operating system version 3.2 and a processer speed of 1.5 GHz or more; (b) generating, providing, and loading your data into the Products, where applicable; and (c) providing and maintaining the Internet access necessary for your use of the Products.

TERM AND TERMINATION

Your right to use the Products, as specified in this Agreement, shall be effective until terminated. The term of this Agreement and the usage rights granted herein shall commence on the date you agree to this Agreement and download the Products. SNAP may terminate your access to the Products immediately if you have failed to pay any amount due to SNAP under this Agreement, or on your failure to comply with any of the other terms of this Agreement. On termination of this Agreement, you agree to promptly destroy all printed copies and delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the Products, and to ensure that no copies of any of the Products screens, data, or other content remain archived or otherwise stored on your computers.

CONFIDENTIALITY

Notwithstanding the “Use of Products” Section of this Agreement, you agree that you shall not disclose to any third party the Products or any portion thereof, any technical, product, or business information, or any information that SNAP identifies as confidential (collectively, "Confidential Information") related to the Products without the prior written consent of SNAP. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than the performance of this Agreement. Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was (a) publicly available at the time of disclosure, or later became publicly available through no act or omission by you; (b) in your possession before disclosure by SNAP; or (c) disclosed to you by a third party not in violation of any obligations of confidentiality to SNAP or to any third party. This section of the Agreement shall survive the termination of the Agreement and continue to apply.

LIMITATION ON LIABILITY

SNAP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SNAP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SNAP FOR THE APPLICABLE PRODUCTS OUT OF WHICH LIABILITY AROSE.

WARRANTY AND DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. SNAP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, SNAP DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE PRODUCTS AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SITE AND THE PRODUCTS.

SEVERABILITY

If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

NO ASSIGNMENT

You may not assign this Agreement or any of the rights granted by SNAP hereunder, in whole or in part, without the prior written consent of SNAP, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

EXPORT CONTROL

You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of any software.

ACKNOWLEDGMENT AND EXCLUSIVITY

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SNAP, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SNAP RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

CHOICE OF LAW AND VENUE

The Agreement will be governed and interpreted pursuant to the law of California. You specifically consent to personal jurisdiction in the state of California in connection with any dispute between you and SNAP arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of the Agreement or pertaining to the subject matter of the Agreement will be in the state and federal courts in Fresno, California.

GENERAL TERMS

If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or SNAP, may be given by conventional first-class mail or by e-mail and are effective on the date received. For notification to be effective, you must provide it to SNAP's designated agent at:

Mark Sullivan, Chief Executive Officer
SNAP Learning, LLC
4325 N. Golden State Blvd. #102
Fresno, California 93722
Phone: 855-200-SNAP (7627)

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE PRODUCTS.

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2490 W. Shaw Ave., Ste. 200
Fresno, CA 93711
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