Terms of Service
Fibo Math School offers products and services by Fibo Math School, Inc., a California corporation. Our online math courses provide interactive math classes that are exactly like a student’s physical classes. Our courses are led by a teacher who conducts a live lecture, including an interactive lesson in a classroom of one to ten students based on our unique curriculum and methodology. (“Fibo Math School,” “we,” “us,” “our”) provides its products (including Febo Math course content) and services (described below) to you through its website located at www.fiboschool.com (the “Site”) and through its mobile applications, Fibo teaching platform and related services (collectively, such services, including any new features and applications, the Site, the “Platform”, and the “Service(s)”). Parents may purchase Fibo Math School classes for the benefit of their children.
Just like in a physical classroom, students can hear and see one another as well as their teacher. Interaction between teachers and students takes place in real-time (synchronous). The proprietary Fibo Math School method had uniquely designed interactivity between instructor, student and learning materials tailors the learning experience for students, making learning even more engaging.
The following Terms of Service (as amended from time to time, the “Terms of Service”) define our relationship with you. We give permission to use our services if you agree to follow these terms, which reflect how Fibo Math School operates. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.
THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR THE SERVICES. IMPORTANT: THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER.
By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms including the policies referenced in these Terms.
Key Terms
“User” “you” or “your” means a person, organization or entity using the Services, including Parents and instructors.
“Parent(s)” means a parent or legal guardian who completes Fibo Math School’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.
“Class(es)” means Fibo Math School’s online class(es) for sale on the Site.
“Member(s)” means a user, instructor, parent, child registered as a user of the Fibo Math School.
Eligibility, Registration and Account Creation
User Eligibility
The Services are made available only to persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you are not over the age of legal majority, you may use the Services only with the involvement and consent of a parent or legal guardian.
Member Account
You will be required to create an account or register with Fibo Math School to access and use Fibo Math School Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fibo Math School of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Fibo Math School will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Fibo Math School reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fibo Math School will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that Fibo Math School may establish general practices and limits concerning use of the Service, including without limitation the maximum period that data or other content will be retained by the Service and the maximum storage space that will be allotted on Fibo Math School’s servers on your behalf. You agree that Fibo Math School has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Fibo Math School reserves the right to terminate accounts that are inactive for an extended period.
Payment Terms and Refund Policy
Course Enrollment and Payments
When you enroll in a course at Fibo Math School, you purchase a monthly subscription of classes for $176.00, paid at the beginning of the month.
Each Parent agrees to pay all applicable fees for Classes as set forth on the Site. All Fees are payable in the currency specified on the Site at the time of purchase. Parent hereby authorizes Fibo Math School to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred.
Diagnostic Assessment and Fee
Prior to beginning a course, each student must take an assessment of their level. The fee for this assessment is $50 per child. For each additional child from the same family, this assessment fee is waived.
Refunds and Cancellations
30 day cancellation notice is required for full refund.
Attendance and Make-up Classes
Regular attendance is crucial for the successful completion of the course. However, we understand that absences can occur. In such cases, it is your responsibility to schedule a make-up class as soon as possible, ideally during weekends or on other available days. Please note that there will be an additional fee for these make-up lessons.
Community Standards
It is important to us that Fibo Math School is a safe and trusted environment for our users. Our members should treat each other with respect. Here are some rules and guidelines that we ask our members to follow and implement. Fibo Math School members who do not meet these guidelines will be removed from the site.
Parent Code of Conduct
Parents or guardians of students under the age of 18 assume full responsibility for ensuring their child's compliance with homework and assignment completion.
Fibo Kids should only attend class under their own enrollment, as themselves. It violates Fibo Math School’s policy for a Fibo Kid to use their sibling’s or another learner’s enrollment to attend class.
Parents are provided with access to homework assignments and class reports which can be reviewed at any time. Failure to complete homework, assignments, tests, and other tasks may result in course failure.
If your Fibo Kid is going to miss a class let the teachers know beforehand. 24 hours’ notice is a good standard but, in most cases, we require at least 12 hours’ notice.
Provide constructive feedback about your Fibo Kid’s class experience, for the benefit of the teachers and other parents.
Engage in civil conversation and speak and act with respect for different opinions.
Help keep Fibo Math School a safe space for Fibo Kids, families, and teachers from all backgrounds and locations.
Student Code of Conduct
Join class on time and be ready to learn. Show up for your class or let your teacher know in advance if you will need to miss a class. Many classes depend on group conversation, and the absence of a single student can have a big impact.
Dress in a manner appropriate for class to help create a safe and comfortable environment for all Fibo Kids and the teachers. Always show up for class fully clothed (shirts required).
Treat the teachers and your classmates with respect.
Take responsibility for making each class a great learning experience for yourself and your classmates: participate, stay on topic, and avoid distractions.
Contribute to a class environment in a way that is safe and welcoming for Fibo Kids and teachers from all backgrounds, beliefs, and locations.
Fibo Kids should only attend class under their own enrollment, as themselves. It violates Fibo Math School policy for a learner to use their sibling's or another learner’s enrollment to attend class.
Keep your personal information private and don't ask others to share personal information (e.g., email address, mailing address, phone number, gamer tags, etc.).
Fibo Math School Code of Conduct
We welcome members from all backgrounds, beliefs, and locations and are committed to creating a safe space for our users across all pillars of diversity.
We will listen to feedback from parents, teachers, and Fibo Kids, and make changes accordingly.
We will create and enforce policies to create a high quality, trusted, and safe community for learning. This may include removing content or users from the platform.
We will respond as promptly as possible to questions and issues that arise. We appreciate your patience.
Finally, we ask that all members assume the best intentions in others. When something goes wrong, whether it's a technical glitch, an email without a response, or something else, we ask that you share feedback in a constructive way.
Inappropriate Behavior
Our mission is to provide world class learning experience. We want to make sure that instructors, students and parents feel safe and comfortable while using Fibo Math School. When you join the Fibo Math School community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our Fibo Kids, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner.
Inappropriate behavior in any Fibo Math School-affiliated online forum includes but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Fibo Math School, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Fibo Math School’s behalf without prior written authorization from Fibo Math School; posts that Fibo Math School, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about Fibo Kids, teachers, parents, or Fibo Math School staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of Fibo Kids, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Fibo Math School’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Fibo Math School’s community standards.
You are not allowed to:
Harass others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violate intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Use our Services or any functionality of the Fibo Math School platform for anything other than for completing online courses or for pedagogical purposes.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.
Child Safety
Each teacher is required to report to Fibo Math School any suspected case of child abuse or neglect they become aware of during their work with Fibo Math School students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), Fibo Math School defines “abuse or neglect” as “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities. Fibo Math School expects all teachers to comply with their individual reporting responsibilities. Fibo Math School itself may report instances of suspected abuse or neglect as it deems appropriate.
Academic Honor Code
All users of the Fibo Math School platform are expected to abide by the following standards to ensure the integrity of the learning experiences. The following are considered violations:
Plagiarism: Plagiarism is when you copy or reproduce words, ideas, or any other materials from another source without giving credit to the original author. Plagiarism also includes the practice of employing or allowing another person to alter or revise your work, and then submitting the work as your own. Fibo Kids may discuss assignments among themselves, or with an instructor or teacher, but all assignment submissions must be original works done independently by the learner. This includes work paraphrased, translated or otherwise modified using AI or automated means. Plagiarism can also include self-plagiarism, where a learner submits the same work that they had already submitted for another assignment or module, where this is not disclosed and permitted.
Unauthorized Materials: using or consulting unauthorized materials (including electronic materials and generative AI tools including, ChatGPT or similar software or applications) or using unauthorized equipment or devices on any work within a Fibo Math School activity unless expressly permitted.
Unauthorized collaboration: working together with any person on any work within a Fibo Math School activity unless expressly permitted.
Contract cheating: paying, trading, or otherwise getting another person to create work for submission to a Fibo Math School course or for work within a Fibo Math School activity.
Impersonation: completing work within any Fibo Math School activity (including but not limited to exams, assessments, and learning activities) when logged in as another user or having another user complete work within a Fibo Math School activity when logged in as you; otherwise misrepresenting the authorship of work submitted on Fibo Math School.
Unauthorized sharing of resources: making any information about or solutions to homework, quizzes, exams, projects, and other assessments available to anyone else (except to the extent an assessment explicitly permits sharing solutions). This includes both solutions written by you, other Fibo Kids, outside resources, or any solutions provided by the course staff or others.
Fraud: any misrepresentation about the authorship or the conditions under which work within a Fibo Math School activity was performed not otherwise specified or falsifying any evidence in support of any mitigating circumstances claim.
Any behavior that confers an unfair advantage to you or someone else or any activity that attempts to dishonestly improve your results or improve or harm the results of others in a Fibo Math School activity.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fibo Math School, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Fibo Math School from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Fibo Math School, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fibo Math School.
The Fibo Math School name and logos are trademarks and service marks of Fibo Math School (collectively the “Fibo Math School Trademarks”). Other Fibo Math School, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fibo Math School. You should not interpret anything in these Terms of Service or the Service to mean that Fibo Math School is in any way explicitly or implicitly giving you any license or right to use any of Fibo Math School Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Fibo Math School Trademarks is only for Fibo Math School’s exclusive benefit.
Third Party Material: Under no circumstances will Fibo Math School be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that Fibo Math School may, but is not required to, pre-screen content, and Fibo Math School and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Fibo Math School and its designers will have the right to remove any content that violates these Terms of Service or is deemed by Fibo Math School, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Fibo Math School does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Fibo Math School a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
With respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Fibo Math School to provide you with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Fibo Math School are non-confidential and Fibo Math School will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Fibo Math School may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fibo Math School, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Fibo Math School respects the intellectual property of others, and we ask our instructors, users and other third parties to do the same. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. Fibo Math School will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fibo Math School of your infringement claim as follows: A notification of claimed copyright infringement should be emailed to Fibo Math School’s Copyright Agent at contact@fiboschool.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Fibo Math School, Inc. 26045 Ranger Dr. Twin Peaks PO Box 446, CA 92391, USA.
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled because of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Fibo Math School will send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Fibo Math School has adopted a policy of terminating, in appropriate circumstances and at Fibo Math School's sole discretion, users who are deemed to be repeat infringers. Fibo Math School may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
General Terms
Termination: You agree that Fibo Math School, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Fibo Math School believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Fibo Math School may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Fibo Math School may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fibo Math School will not be liable to you or any third party for any termination of your access to the Service. After the termination request, Fibo Math School instructors or teachers have no right to get in touch with students mentioned in Fibo Math School termination request, including, but not limited via text messages, e-mails, chat on any social media phone call or in person. If there is a need for communication, it should be done via the Fibo Math School support team.
User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Service and Fibo Math School will have no liability or responsibility with respect thereto. Fibo Math School reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Fibo Math School. Fibo Math School reserves the right to investigate and take appropriate legal action against anyone who, in Fibo Math School’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Fibo Math School, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fibo Math School or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone in violation of our Privacy Policy; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Integration: These Terms of Service constitute the entire agreement between you and Fibo Math School and govern your use of the Service, superseding any prior agreements between you and Fibo Math School with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Fibo Math School agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Fibo Math School to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Fibo Math School, but Fibo Math School may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notice to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Fibo Math School has no control over such sites and resources and Fibo Math School is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Fibo Math School will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Fibo Math School is not liable for any loss or claim that you may have against any such third party.
Social Networking Services: You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Fibo Math School’s use, storage and disclosure of information related to you and your use of such services within Fibo Math School (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the way Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Fibo Math School shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, Fibo Math School is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Fibo Math School is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Fibo Math School enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release: You agree to release, indemnify, defend and hold Fibo Math School and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties: YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY FIBO MATH SCHOOL ON TEACHERS ARE SOLELY FOR ITS OWN BENEFIT. FIBO MATH SCHOOL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIBO MATH SCHOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIBO MATH SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FIBO MATH SCHOOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FIBO MATH SCHOOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE FIBO MATH SCHOOL PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO FIBO MATH SCHOOL'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Modifications: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fibo Math School, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court of the State of California, USA, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering these Terms of Service, you and Fibo Math School are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND FIBO MATH SCHOOL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FIBO MATH SCHOOL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
Pre-Arbitration Dispute Resolution: Fibo Math School is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@Fibo Math School.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fibo Math School should be sent to Fibo Math School, 26045 Ranger, Dr, Twin Peaks PO Box 446, Twin Peaks, CA 92391 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fibo Math School and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fibo Math School may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fibo Math School, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fibo Math School is entitled.
Arbitration Procedures: Arbitration will be conducted by an ad hoc arbitration, by a neutral arbitrator Vanik Margaryan (hereinafter the Arbitrator), advocate’s license No 1729,
https://www.am.am/eng/lawyers/5/vanik-margaryan.html. Language of Arbitration is English, place is Glendale, California, USA. Arbitration will be conducted by the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/ . Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
You and Fibo Math School expressly agree to expedited arbitration, in written form based only on submitted documents with no oral hearing(a), unless so decided by the Arbitrator, who is also free to appoint online arbitration via any means of social media or e-platform as he shall unilaterally decide at his own discretion. If a physical hearing is appointed by the Arbitrator and the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
In case if Vanik Margaryan is unavailable and/or unresponsive for more than 7 calendar days (from the moment any party sent an arbitration request to him) for whatsoever reason to conduct arbitration, then Roman Zykov https://mansors.com/people/roman-zykov/ shall be approached and appointed as arbitrator. If Mr. Zykov is also unavailable for 7 calendar days (from the moment any party first approaches him to request to conduct arbitration), then AAA shall act as appointing authority.
Governing Law: Terms of Service are regulated by the laws of the State of California, USA, without regard to its conflict of law provisions. However, the Arbitrator is authorized by you and Fibo Math School to decide any dispute between you and Fibo Math School ex-aequo et bono.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) shall be equally split between you and Fibo Math School. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Fibo Math School agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Fibo Math School written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Privacy Policy: At Fibo Math School, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.
Notice for California Users: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (818) 445-1254 or (800) 952-5210. You may contact us at Fibo Math School, 26045 Ranger Drive, PO Box 446, Twin Peaks, CA 92391 or by telephone on (818) 730-3675.
Questions? Concerns? Suggestions?
Please contact us at contact@fiboschool.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service.