Welcome to Homeschool Panda, provided by FASHCo, LLC. Homeschool Panda, also referred to as “HSP”, “HSP Mobile Application”, “HSP Web Application”, “Panda Messenger” and/or its affiliates provide website features and other tools and services to you when you visit www.HomeschoolPanda.com or use the HSP mobile application or software provided by Homeschool Panda in connection with any of the foregoing (collectively, "HSP Services"). Homeschool Panda provides the HSP Services subject to the following conditions.
**By using HSP Services, you agree to these conditions. Please read them carefully**
We offer a range of HSP Services, and sometimes additional terms may apply. When you use or access HSP Services (e.g. Connect & Collaborate / Panda Messenger, Community Forum, User Review, Your Content Library, or HSP Mobile App) you may be asked to review and provide consent to the guidelines, terms and agreements, if applicable, for that specific HSP Service ("Service Terms").
What Personal Information About Users Does HSP Gather?
Required Information – Safety and Privacy when using ‘Connect & Collaborate’
As part of our unwavering commitment to the safety and privacy of our users and their families, we require the following pieces of information for verification of identity: first name, last name, middle initial (if any), city, zip code and state. We collect this information for actively checking against the Department of Justice National Sex Offenders Public Website (NSOPW) database. Users who do not provide this optional information can still access HSP Services, however, will not be allowed to use the ‘Connect & Collaborate’ features. With or without cause and with or without notice, HSP reserves the final right and discretion for allowing, rejecting, continuing, discontinuing, terminating, suspending and / or disclosure of user accounts.
When using the ‘Connect and Collaborate’ features, providing false identity information will lead to, including but not limited to, termination of user account and access to HSP Services, reporting to law enforcement agencies, prosecution and civil lawsuit to recover any damages / harm caused to our users, brand, organization, goodwill and credibility.
What we do with this information
We realize, that sex offenders have always lived in our communities. The Community Protection Act of 1990 enables us to check the NSOPW database and be proactive about avoiding any potential threat to any of our users and their families. Our objective is not to abuse this information, or to threaten, intimidate or harass registered sex offenders. Using the required information, our users feedback and by detecting repeated suspicious, abusive, harassing and / or irregular activities on the HSP Services platforms, we can and will duly take the strictest, swift and legitimate action permissible by law, including but not limited to, termination of user account and access to HSP Services, reporting to law enforcement agencies, prosecution and civil lawsuit to recover any damages / harm caused to our users, brand, organization, goodwill and credibility.
In addition to the above we collect:
- E-mail address of registered users;
- The name of the internet domain (for example, "123mycompany.com" if you use a private Internet access account, or "123myschool.edu" if you are connecting from a university's domain);
- The Internet Protocol (IP) address (a number that is automatically assigned to your computer when you are using the Internet) from which you access our site;
- The type of browser and operating system used to access our site;
- The date and time you access our site;
- The internet address of the website from which you linked directly to our site; and
- The pages you visit and the information you request;
- The content and other information you provide when you use HSP Services, including when you sign up for an account, create or share, and message or communicate with others;
- Your user profile information, such as your name, e-mail address and social media profile / ID information, when you provide us feedback or contact us via e-mail or participate in our polling / survey activities;
- Media content (e.g. photo, video, audio files) such as the location of a photo or the date a file was created;
- Information on how you use HSP Services, such as the types of content you view or engage with or the frequency and duration of your activities. This information is used to improve the Site and Services;
- When you are using the HSP Services, our servers collect information such as your web request, IP address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other browsing information;
- Content and information that other users provide about you when they use HSP Services, such as through our ‘Connect and Collaborate’ features, including information about you, such as when they share a photo of you, attend / organize an event with you, send a message to you, or upload, sync or import your contact information;
- Any content populated by you into the HSP web or mobile application (e.g. lesson plans, student grades/reports, calendar entries, user files uploaded such as images, documents or files and curriculum information).
When you use any of the HSP Services, or send e-mails, chat messages using Panda Messenger, and other communications from within the HSP web or mobile applications, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, text or chat messages, mobile push notifications, or notices and messages on this site or through the other HSP Services, such as our Message / Notification Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any HSP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HSP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HSP Service is the exclusive property of HSP and protected by U.S. and international copyright laws.
If you would like to receive a non-exhausting list of items that are deemed trademarks of HSP please contact us at[email protected]. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HSP Service are trademarks or trade dress of HSP in the United States and other countries. HSP trademarks and trade dress may not be used in connection with any product or service that is not provided by HSP, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits HSP. All other trademarks not owned by HSP that may appear in any HSP Service are the property of their respective owners, publishers or creators who may or may not be affiliated with, connected to, or sponsored by HSP.
Please contact HSP support line or e-mail [email protected] for a non-exhaustive list of applicable HSP patents and applicable licensed patents.
LICENSE AND ACCESS
If you use any HSP Service, you are responsible for maintaining the confidentiality of your account login credentials and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (1) immediately notify HSP Support of any unauthorized use of your account or any other breach of security and (2) ensure that You fully exit from your account at the end of each session. We will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account (unless such use is directly caused by HSP’s gross negligence).
HSP does provide tools and services for children’s education and learning, but it provides such tools and services for use by adults (e.g. parents, teachers & educators, care givers, instructors), who can utilize such tools and services responsibly and in the method and manner as reasonably intended for. If you are under 18, you may use HSP Services only with involvement of a parent or guardian. HSP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion. With or without cause and with notice, HSP reserves the final right and discretion for allowing, rejecting, continuing, discontinuing, terminating, suspending and / or disclosing of user accounts.
HSP users may email [email protected] to:
- Request any user data from their respective HSP accounts;
- Request to cancel / close their HSP user account;
- Request to delete / erase data from their respective HSP accounts;
- Notify HSP Support of a breach or security risk concerning their HSP accounts;
- Inquire in regards to the data collection and retention policies concerning their HSP accounts.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors at PreciousYears.com and HSP Mobile App, wherever available to do so, may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. HSP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Reviews, Comments, Communications and Interactions on HSP Community and collaborative platform is subject to Community Rules and Guidelines.
If you do post content or submit material, and unless we indicate otherwise, you grant HSP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HSP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HSP for all claims resulting from content you supply. HSP has the right but not the obligation to monitor and edit or remove any activity or content. HSP takes no responsibility and assumes no liability for any content posted by you or any third party.
HSP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF DATA LOSS
All content, tools and services provided by HSP are subject to usability conditions and/or restrictions of your device and operating system, that you may be using. This means that the risk of data and content loss, risk of loss in functionality transfers to you upon your use of HSP Services.
HSP attempts to be as accurate as possible. However, HSP does not warrant that service descriptions or other content of any HSP Service is accurate, complete, reliable, current, or error-free. If a service offered by HSP itself is not as described, HSP offers no monetary remedy.
When you use apps created by HSP, such as the HSP Mobile App or Home School Panda Planner App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by HSP by following these instructions.
For most Android devices:
- Open the main Settings app.
- Select Apps or Application Manager.
- Select an app.
- Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
- Open the iOS Settings screen.
- Select the app to see the features the app has permission to use.
For most Windows devices:
- On the Start screen, tap or click Store to open the Windows Store.
- Search or browse for an app, and then tap or click it.
- Scroll to the Details section of the app's description page to see the features the app has permission to use.
HSP SOFTWARE TERMS
Parties other than HSP may operate stores, provide services, or sell product lines through the HSP Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. HSP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms / conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HSP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES ARE PROVIDED BY HSP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HSP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HSP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HSP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRECIOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF USABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HSP DOES NOT WARRANT THAT THE HSP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HSP SERVICES, PRECIOUS YEAR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HSP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HSP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HSP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HSP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any HSP Service will be resolved by confidential binding arbitration,rather than in court, except that you may assert claims in small claims court if your claims qualify. The Florida Statutes Chapter 682 Arbitration Code apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal team at ‘Legal - HSP, C/O FASHCo, LLC 12221 Towne Lake dr #200, Fort Myers, FL 33913. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HSP will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We (HSP and it’s users) each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
C/O, FASHCo, LLC
12221 Towne Lake dr #200
Fort Myers, FL 33913
How to Serve a Subpoena
If you have a subpoena to serve on HSP, please note that HSP does not accept service via e-mail or fax and will not respond to the subpoena service via e-mail or fax. All subpoenas must be properly served on www.homeschoolpanda.com, by mailing to the below address:
Legal - HSP
C/O, FASHCo, LLC
12221 Towne Lake Drive #200
Fort Myers, FL 33913
Please note also that providing detailed and accurate information at the outset will facilitate efficient and timely processing of your request. That information may include, for example, your e-mail and other contact information, and/or your HSP user ID, your device identification, and/or details of HSP service, which you are using or have used.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint by writing to us as outlined below. We respond quickly to the concerns of rights owners about any alleged infringement.
When writing to us about Copyright Infringement, please provide us with this information:
- A physical and original (not digital or e-signature) signature of the person authorized to act on behalf of the owner of the Copyright interest;
- A description of the Copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
HSP copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
C/O, FASHCo, LLC
12221Towne Lake Drive #200
Fort Myers, FL 33913
Please note that this procedure is exclusively for notifying HSP that your copyright material has been infringed.
Additional HSP Software Terms
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the HSP Software, whether in whole or in part, or create any derivative works from or of the HSP Software.
- Updates. In order to keep the HSP Software up-to-date, with or without notice, we may offer automatic or manual updates. Updates are essential to take full advantage of our software features.
Non-Refundable Prepaid Services and Cancellation Policy
HSP offers a free 30-day trial for you to use Homeschool Panda before having to make any payments. If you choose to continue with the services provided by HSP, you can make all necessary non-refundable payments through all credit cards, PayPal and Amazon Pay in line with the subscription options mentioned below. All subscription rates are either displayed on the website or communicated to you. HSP may change the subscription plans and the rates of its services from time to time; however, any rate changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. Any changes in the rates will be notified to you by displaying them on the website, the HSP App upon login or will be notified to you via …………..
HSP does not offer any refunds or partial subscriptions, all services rendered by HSP are provided on a non-refundable prepaid basis. You will not be refunded for unused paid subscriptions.
By purchasing HSP’s Monthly subscription, you agree to an initial and recurring Monthly Subscription fee at the -then current subscription rate and you accept responsibility for all recurring charges.
Automatic Monthly Renewal
Upon accepting your subscription, HSP will automatically process your Monthly subscription fee and will continue to automatically process your monthly subscription fee each month at the then-current Monthly subscription rate until you cancel your subscription. All requests for cancellation of the Monthly subscription must be made 24 hours prior to the renewal date of the subscription being cancelled. Failure to provide the 24-hour notice will result in a full billable monthly cycle prior to cancellation.
By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After the completion of one year and annually thereafter, you will be charged a recurring Annual subscription fee at the then-current Annual Subscription rate, until you cancel your subscription.
Automatic Annual Renewal
HSP will charge to your registered card the Annual Subscription renewal fee in the first month of your next annual subscription i.e. 12 months after your initial subscription. You accept responsibility for all recurring charges unless you chose to cancel your annual subscription. All requests for cancellation of the Annual subscription must be made 24 hours prior to the renewal date of the subscription being cancelled. Failure to provide the 24-hour notice will result in a full billable annual cycle prior to cancellation.
If HSP does not receive payment from your credit card provider or if your credit card expires or is rejected for any reason whatsoever, you agree to pay all amounts due. In case of nonpayment, HSP may require you to provide a second valid credit card before continuing with HSP services. You fully authorize us to charge outstanding fee/ dues or any outstanding amount in relation to HSP against any credit card you have registered with us or any other payment method we have for you on file. HSP reserves the right to take all actions necessary against you to obtain/collect all outstanding amounts.
You agree and undertake to notify HSP about any billing discrepancies or problems within 60 days after they first appear on your credit card statement. If you fail to notify HSP within 60 days, you agree that you waive your right to dispute such problems or discrepancies. You represent and warrant that you will not use any credit card or other form of payment unless you have all the necessary authorization to do so.HSP will not be held liable in the event that your children or any other person acting with or without your permission use your credit card, Paypal account, Amazon Pay account or any other means of payment you use to avail services provided by HSP.
Cancellation is effective immediately upon notifying HSP in the required manner mentioned above. You will, however, be able to continue with the services for the time that you have been billed/charged for. You will be notified via insert upon the successful cancellation of your subscription.