FAQs

Is my personal information safe?

We take the necessary security measures to protect your credit card and other confidential personal information. We also encrypt the information you send us during the checkout process, so that it cannot be read while in transit. Read our Privacy Policy

What is Scientific Learning Corporation?

Scientific Learning is an Oakland, California based company that applies advances in neuroscience and cognitive research to accelerate learning. We produce unique, patented products, technology and implementation strategies that build the enduring brain fitness and processing efficiency required for learning, academic, and lifelong success. You might have heard of our Fast ForWord® family of products used widely in schools throughout the US and Canada, and in dozens of other countries around the world. (See "What is the Fast ForWord family of products?" below.)
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ACCEPTANCE OF TERMS

Scientific Learning Corporation (“we” or “SLC”) provides BrainSpark to you, subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.

DESCRIPTION OF PROGRAM

BrainSpark Learning is a family of web-based interactive learning programs designed to improve children’s brain fitness, which is accessed using a web browser. In these TOS, the BrainSpark Learning website, the BrainPro services, and the service of providing access to the BrainSpark Learning and BrainPro software exercises are collectively called BrainSpark. Brain Spark is provided and operated by Scientific Learning Corporation.

Generally, access to BrainSpark requires that a subscription be purchased at the cost specified on BrainSpark or by the BrainPro service representative. Which software exercises and services you may access depends on what kind of subscription you have purchased. The BrainSpark Learning software exercises (only) may also be accessed during a short free trial period.

Once a parent registers for a free trial or purchases a subscription, the parent receives an account. From this account the parent can activate a subscription to the specified BrainSpark program for their child. The child may then use the learning exercises in the product and redeem points earned in the exercises for rewards. If BrainPro services have been purchased, you will also then have access to those services.

Unless you are in a free trial period, there is a cost for the subscription. You are responsible for paying the subscription fee and for obtaining and maintaining all equipment and internet service required to use BrainSpark as described in our System Requirements at your own expense.

If you purchase the BrainPro services, you will initially sign up for a specified period. After that initial period or after any later specified period that you may purchase, your subscription will continue on a month-by-month basis, and your credit card will be charged for monthly fees, until you cancel your subscription.

The ability to change or cancel your subscription and to seek a refund is limited by the terms of our Switch, Refund and Cancellation Policy. No changes, cancellations or refunds are available except in accordance with that Policy.

PROPRIETARY RIGHTS AND RESTRICTIONS

BrainSpark may be used only by the persons for whom a subscription has been purchased, and only for the term of that subscription (and by persons who have been registered for a free trial only during the duration of that trial). Each subscription (or free trial) may be used by only one person, for that person’s own personal educational purposes.

SLC reserves all rights, title and interest in and to Brain Spark, including all intellectual property rights. No rights are granted to users or purchasers except as provided in this TOS.

You agree on behalf of yourself and any learner for whom you activate a subscription not to: (1) modify, copy or create derivative works based on BrainSpark; (2) frame or mirror any content forming part of BrainSpark; (3) reverse engineer all or any part of BrainSpark; or (4) access BrainSpark in order to build a competitive product or service or to copy any ideas, features, functions or graphics of BrainSpark.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create a BrainSpark account. During registration, all users are required to provide accurate, complete, and current information about themselves in all required fields. Should any of your own information change after submitting it to us, you are required to update that information as soon as possible. Should we suspect that your personal information is not complete, current, or accurate, your account, and your access to the product, may be subject to suspension or termination.

Should you feel that the BrainSpark privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@brainsparklearning.com. You must be 18 years of age or older to acquire a free trial or a subscription to use BrainSpark or to create a parent, purchaser or free trial account on BrainSpark. When you register, you represent and warrant that you are at least 18 years of age and are otherwise authorized to enter into a validly binding agreement on behalf of yourself and for any child who will use the product. When you activate a subscription, you further represent and warrant that you are authorized to provide any personal information you share with BrainSpark and that your conduct in connection with BrainSpark complies with any and all applicable laws.

PARENTAL RESPONSIBILITY

Please remember that BrainSpark is designed to be used by children under the supervision of their parents. It is your responsibility to determine whether each of the BrainSpark areas is appropriate for your child. As the parent or legal guardian of the user of an activated subscription to BrainSpark, you are responsible for your child’s use of BrainSpark.

BRAINSPARKLEARNING.COM PRIVACY POLICY

Your use of BrainSpark is subject to the BrainSpark privacy policy. For information on the BrainSpark privacy policies, please see the entire privacy policy.

INDEMNITY

You agree to indemnify and hold SLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of BrainSpark, your connection to BrainSpark, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using BrainSpark. Parents or legal guardians who activate subscriptions to BrainSpark are solely responsible for the actions of users of the subscription as if they were the user of the products and website.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may send you emails regarding your use of BrainSpark. However, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that we may establish limits concerning use of BrainSpark and may modify these limits at any time. These limits may include the length of time data associated with a subscription may be stored, storage amounts, and access restrictions.

MODIFICATIONS

We reserve the right to modify or discontinue BrainSpark, temporarily or permanently, with or without notice at any time. You agree that BrainSpark shall not be liable to you or to any third party for any such modification, suspension, or discontinuance, except that if we permanently discontinue BrainSpark so that you cannot access the BrainSpark student exercises during the period of your paid subscription, we will refund to you that portion of your subscription price that relates to the period after which the site was permanently discontinued.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of BrainSpark, or the right to use or access BrainSpark, or otherwise use the BrainSpark for any commercial purpose.

TERMINATION

You agree that we, in our sole discretion, may terminate your password(s), username(s), or account(s) and remove and discard any content relating to you in BrainSpark if your free trial or subscription has expired, if you have failed to make any payment due with respect to BrainSpark, or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at our discretion, will be terminated as well. Any such termination may be effected with or without prior notice.

LINKS

BrainSpark, or relevant third parties, may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that SLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We do not endorse or adopt, and make no representation or warranty as to the safety, accuracy, or completeness of, those websites or their content. You further acknowledge and agree that SLC shall 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 such content, goods or services available on or through any such website or resource.

BRAINSPARKLEARNING.COM PROPRIETARY RIGHTS

You acknowledge and agree that BrainSpark may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All BrainSpark code and specifications, and all other related code and specifications, are made available subject to their express or implied licenses. Except as expressly authorized by SLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on BrainSpark, in whole or in part.

USER GENERATED CONTENT

BrainSpark may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible to visitors and users of BrainSpark (collectively and individually “Content”). All Content, whether publicly posted on or privately transmitted via BrainSpark is the sole responsibility of the person from whom the Content originated and not of SLC, its shareholders, directors, officers or employees. If you own your Content this agreement does not limit your ownership in any way. Whatever rights you have in Content you post you retain. BrainSpark may review and delete any Content, in whole or in part, that in its sole judgment violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. It is your responsibility to evaluate the Content you post or make available.

GRANT OF RIGHTS BY YOU FOR YOUR CONTENT

While you retain any and all rights, including ownership, in any Content you make available through BrainSpark, SLC needs certain rights to that Content and in that Content in order to make BrainSpark available. Accordingly, you grant to SLC a non-exclusive, royalty-free, perpetual, world-wide, transferable license with the right to grant sublicenses through multiple tiers of sublicensees to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to render or deliver BrainSpark. This license enables SLC to provide BrainSpark and provide access to the Content as you request in connection with the operation of BrainSpark and is not intended to otherwise limit your rights to your Content. BrainSpark reserves the right to use your Content for advertising and promotional purposes.

RIGHTS OF BRAINSPARK USERS

BrainSpark grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Content of other users of BrainSpark (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with BrainSpark and other SLC websites in accordance with these Terms of Service and solely to the extent of the license granted by the user to BrainSpark under these Terms of Service.

You understand that Content is made available to BrainSpark users on an AS-IS, AS-AVAILABLE basis. BrainSpark does not guarantee the availability of Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. BrainSpark reserves the right to discontinue any aspect of BrainSpark at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.

USER AND STUDENT CONDUCT

You agree on behalf of yourself and any learner for whom you activate a subscription to NOT use BrainSpark to:

  1. Harm minors in any way;
  2. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
  3. Impersonate any person or entity, including, but not limited to, an SLC or BrainSpark staff member, or falsely state or otherwise misrepresent your affiliation with SLC, BrainSpark or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through BrainSpark;
  5. Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. Upload, post or otherwise transmit any material that 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;
  9. Interfere with or disrupt BrainSpark or servers or networks connected to BrainSpark, or disobey any requirements, procedures, policies or regulations of networks connected to BrainSpark;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission and any regulations having the force of law;
  11. “Stalk” or otherwise harass another person or company;
  12. Collect or store personal data about other users for business purposes;
  13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group, or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  14. Use BrainSpark as a forwarding service to another website;
  15. Allow usage by others in such a way as to violate the BrainSpark TOS or engage in commercial activities within BrainSpark or on behalf of BrainSpark without prior approval;
  16. Solicit passwords or personal identifying information for unintended, commercial, or unlawful purposes from other users.
  17. Exceed the scope of the service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so.
  18. Make excessive or otherwise harmful automated use of the system.

If SLC determines, in its sole and absolute discretion, that any user is in violation of the TOS, we retain the right to terminate such user’s account at any time without prior notice.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF BRAINSPARK IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SLC MAKES NO WARRANTY THAT (i) BRAINSPARK WILL MEET YOUR REQUIREMENTS, (ii) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BRAINSPARK WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BRAINSPARK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAINSPARKLEARNING.COM OR THROUGH OR FROM BRAINSPARK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BRAINSPARK OR ANY PART THEREOF; (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 BRAINSPARK; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BRAINSPARK; OR (v) ANY OTHER MATTER RELATING TO BRAINSPARK.

YOU HEREBY RELEASE AND FOREVER DISCHARGE SLC, ITS OFFICERS AND DIRECTORS, AND ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS “RELEASED PARTIES”, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)’ USE OF BRAINSPARK. YOU UNDERSTAND THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF BRAINSPARK REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

 
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