Terms of Use

Last updated on February 21, 2018

This Web Site (www.MobyMax.com) is operated by MobyMax, LLC (hereafter referred to as 'MobyMax'). By visiting our Web Site (‘Web Site’) and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘Terms of Use’).

We reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Unless you have entered into your own school or district contract with MobyMax, you signify your acceptance of these Terms of Use by using this site. Your continued use of MobyMax following the posting of changes to these Terms of Use will be deemed your acceptance of those changes.

Responsible Use and Conduct

By visiting our Web Site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of these Terms of Use, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks our Resources are located on or connected to, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

Open Communication Tools

We may provide various open communication tools on our Web Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Web Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

a. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.

c. Contains any type of unauthorized or unsolicited advertising;

d. Impersonates any person or entity, including any www.MobyMax.com employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We reserve the right to terminate your access to the open communication tools at any time, without notice, for any reason whatsoever.

We do not assume any liability for any content posted by you or any other 3rd party users of our Web Site.

Material You Provide to MobyMax

Materials (‘Material’) include any submission by posting, uploading, inputting, or otherwise providing to MobyMax except information that is provided as part of the registration or rostering process. Material includes but is not limited to your recommendations, reviews, suggestions, problems, lessons, lesson plans, and rubrics that you create. You are granting MobyMax and its agents permission to use your Material in connection with MobyMax’s operation of the Web Site and its other businesses, including without limitation, the right and perpetual, irrevocable, worldwide, royalty-free, exclusive license to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Material, and to publish your name in connection with your Material, all without the payment of compensation to you in respect of any such use of your Material. You warrant and represent that you own, or otherwise control, all of the rights to your Material.

Indemnity

You agree, if permitted by law, to indemnify and hold harmless MobyMax and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or arising out of your use of, or conduct on, our Web Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using our Web Site, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

a) the use of our Resources will meet your needs or requirements,

b) the use of our Resources will be uninterrupted, timely, secure or free from errors,

c) the information obtained by using our Resources will be accurate or reliable, and

d) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

e) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

f) no information or advice, whether expressed, implied, oral or written, obtained by you from MobyMax or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

Non-Commercial Use Limitation

You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any content from the Web Site.

Homeschools and Homeschool Co-ops

Parents are welcome to create their own Homeschool teacher accounts to use for their children. The only way for Homeschool teachers to obtain full access is to purchase a teacher license. The price of a Homeschool license is the price of a teacher license and enables a parent to register all of their children in the Homeschool teacher account without additional cost.

MobyMax does not permit the creation of Homeschool accounts for the purpose of registering children from multiple parents. Specifically, Homeschool Co-ops may not register as either a teacher or a school for the purpose of lowering the license cost for their members.

Number of Students Allowed for Teacher Licenses

MobyMax has three teacher license types-Micro, Lite, or Ultra-which indicate how many modules are allowed.

The maximum number of students allowed for a teacher license is 200 students.

Number of Students and Teachers Allowed for School Licenses

MobyMax has three school license types-Micro, Lite, or Ultra-which indicate how many modules are allowed.

The number of students and teachers allowed for a school license is unlimited for a traditional brick-and-mortar school. All non- traditional schools, including but not limited to after-school programs, online schools, virtual schools, and adult education programs, require one school license for every 300 students.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MobyMax will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.MobyMax.com, including but not limited to text, graphics, Web Site name, code, images and logos are the intellectual property of Learn Without Limits, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Learn Without Limits, LLC . All other product and company names should be considered the property of their respective companies and organizations.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Web Site and Resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This Web Site is controlled by MobyMax. It can be accessed by most countries around the world. By accessing our Web Site, you agree that the statutes and laws of the state of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Web Site and the purchase of any products or services through this site.

Furthermore, any action to enforce these Terms of Use shall be brought in the federal or state courts you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

LIABILITY DISCLAIMER

THE SERVICES, TOOLS, WEB SITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MOBYMAX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEB SITE, INCLUDING BUT NOT LIMITED TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, TOOLS OR WEB SITE; AND ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE SERVICES, TOOLS OR WEB SITE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MOBYMAX: DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND DOES NOT WARRANT THAT THE SERVICES, TOOLS OR WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE USE OF THE SERVICES, TOOLS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE SERVICES, TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON, EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED.

MOBYMAX IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE SERVICES, TOOLS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; MOBYMAX SHALL HAVE NO LIABILITY ARISING FROM DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE SERVICES, TOOLS OR WEB SITE; AND UNDER NO CIRCUMSTANCES SHALL MOBYMAX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF MOBYMAX HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY SERVICES, TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, TOOLS AND WEB SITE.

Register
 
Start using MobyMax now for FREE!
Register for our free version with absolutely no obligation.
Teacher
International Teacher
Homeschool
Administrator
Register just yourself
Register with your school
 
 

Can't find your school?

If your school is not listed, please call us at 1-888-793-8331 and we will create your school immediately so you can finish your registration.

Tip: Please double check the school zip code you entered. You may have entered your home zip code instead of the school zip code.

Continue
 

Welcome Homeschool Parents

Homeschool students love MobyMax and learn twice as fast!

To get started after you create your teacher account, first register your children as students. Your children will sign in to do their school work with the username and password you assign. You will sign in as their teacher to monitor and assign their lessons.

Continue
 

Your account has been registered

For administrative security, we will verify your email address before you can sign in to MobyMax. Please allow 24 hours for us to verify with a telephone call to your office.

We will leave a voice mail message upon verification.

To expedite this process, please call (888)793-8331.

Self Registration Disabled
 
Self Registration Disabled
 
Weekly Webinars
 

We host free live training webinars every Tuesday from 8:30-9:30 am EST and Thursday from 4:00-5:00 pm EST.


Please join us at:

https://secure.join.me/mobywebinar

 

Can't find your school?

If your school is not listed, please call us at
1-888-793-8331 and we will create your school immediately so you can finish your registration.

 

This order contains licenses that need allocation to teachers. Please contact a customer service representative at 1-888-793-8331 to complete the allocation process.

Great Start Success Events
 

Great Start Success Events

Start your school year off with rollicking enthusiasm from assisted onboarding, t-shirts, posters for teacher training, and a school-wide contest with real prizes.

Easy Rostering

We help you get all your teachers and students registered either with manual or auto-rostering.

Webinar Training

Join beginning or advanced webinars with t-shirts and posters for attending teachers.

Moby School-Wide Kick Off

Teachers create excitement by wearing Moby t-shirts and putting Moby contest progress posters up in class. Teachers post student results on to the poster during contest week. Real prizes are awarded to the top 10 students.

Great Year Success Events
 

Great Year Success Events

In addition to starting your school year with Great Start, Great Year adds on motivational event each month (9 events in total). These contests have real prizes for both students and teachers!

Easy Rostering

We help you get all your teachers and students registered either with manual or auto-rostering.

Webinar Training

Join beginning or advanced webinars with t-shirts and posters for attending teachers.

Moby School-Wide Kick Off

Teachers create excitement by wearing Moby t-shirts and putting Moby contest progress posters up in class. Teachers post student results on to the poster during contest week. Real prizes are awarded to the top 10 students.

Motivational Events

9 motivational events, one for every month, engage students with real prizes.

Custom School Webinar

Two custom webinars designed to meet your school needs are available, in addition to our standard beginner and advanced webinars.