TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/24/2023.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Perch Solutions, LLC (hereinafter referred to as “Perch Solutions”), doing business as Kyte Learning (“Kyte Learning”) for K-12 clients, located at 7984 S 1300 E, Sandy, UT 84094, and our subsidiaries and affiliates, in association with the use of the Perch Solutions and Kyte Learning websites, which include www.onperch.com and www.kytelearning.com (the “Sites”) and their Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Sites are subscription-based website services which have the following description:

Perch Solutions and Kyte Learning provide online learning communities to enhance Education Technology Professional Development of teachers. We offer self-paced, video lessons that let you learn the skills to enhance technology in Education.

Any and all visitors to our Sites, whether registered or not, shall be deemed as “users” of the Services provided for the purpose of this TOS. Once an individual registers for our Services through the process of creating an account, the user shall then be considered a “user.”

The user acknowledges and agrees that the Services provided and made available through our websites and applications, which may include mobile applications and applications made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Perch Solutions, LLC. At its discretion, Perch Solutions may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. Perch Solutions reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept, and agree that Perch Solutions shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, or revised terms, you must stop using the provided Services.

Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such Perch Solutions shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.

INDIVIDUAL SUBSCRIPTION

To register for a SINGLE USER subscription plan and become a SINGLE “USER” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual who has been previously barred from receiving our Services under the laws and statutes of the United States or other applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands, and agrees to:

Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process; and
Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Perch Solutions will have sufficient grounds and rights to suspend or terminate the user in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Perch Solutions’ Services, or any portion thereof.

It is Perch Solutions’ priority to ensure the safety and privacy of all its visitors, users, and users, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Sites’ Services must create a “family” account, which will certify that the individual creating the “family” account is 18 years of age and, as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, he/she is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

USER ACCOUNT, USERNAME, PASSWORD, AND SECURITY

After completion of the registration data and creation of your username, you will also create a password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Perch Solutions immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Perch Solutions shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

MULTI-USER SUBSCRIPTION

In certain circumstances, we will issue a MULTI-USER subscription plan. We will issue you or your organization multiple user accounts for use by a specific number of users, and these may not be shared amongst other individuals not listed on the user list provided by you or your organization. You agree to notify us immediately of any unauthorized access or any other breach of security. All multi-user subscription plans are governed by all other terms of this TOS.

FEES & REFUNDS

Monthly subscriptions will renew automatically on or near the same day of each month unless terminated as described in the Termination section of the TOS. Annual subscriptions will automatically renew unless terminated as described in the Termination section of the TOS. We may increase subscription fees for subsequent periods at any time and for any reason. If you terminate your subscription with us, you will still be able to use your subscription until the end of the current subscription term. There are no fee subscription refunds.

CONDUCT

As a user of the Sites, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of our Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by us.

Furthermore, you agree not to make use of Perch Solutions’ Services for the purpose of:

Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, and/or racially, ethnically, or otherwise objectionable;
Causing harm to minors in any manner whatsoever;
Impersonating any individual or entity, including, but not limited to, any company officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
Forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
Uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, files, and/or programs designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment;
Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
Interfering with or disrupting any Perch Solutions’ Services, servers, and/or networks connected or related to our websites, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange;
Providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization designated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
“Stalking” or otherwise harassing another individual; and/or
Collecting or storing any personal data relating to any other user or user in connection with the prohibited conduct and/or activities set forth in the aforementioned paragraphs.

Perch Solutions reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or would otherwise be considered offensive to other visitors, users, and/or users.

Perch Solutions reserves the right to access, preserve, and/or disclose user account information and/or content if requested to do so by law or in good faith belief that any such action is reasonably necessary for:

Compliance with any legal process;
Enforcement of the TOS;
Responding to any claim that contained content is in violation of the rights of any third party;
Responding to requests for customer service; or
Protecting the rights, property, or personal safety of Perch Solutions, its visitors, users, and users, including the general public.

Perch Solutions reserves the right to include the use of security components that may permit digital information or material to be protected, and such use of information and/or material is subject to usage guidelines and regulations established by Perch Solutions or any other content providers supplying content services to Perch Solutions. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you acknowledge that by using our Sites to send electronic communications, which include, but are not limited to, email, searches, instant messages, uploading of files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use and agreement with this TOS, you acknowledge that the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you agree to comply with all local rules relating to online conduct and acceptable content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations and the sanctions control program of the United States. Furthermore, you state and pledge that you:

Are not on the list of prohibited individuals identified on any government export exclusion report nor a user of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
Agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
Agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of U.S. export laws; and
Agree not to post, transfer, or upload any software, technology, or any other technical data which would be in violation of U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Perch Solutions shall not claim ownership of any content submitted by any visitor, user, or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow Perch Solutions the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of Perch Solutions’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a user of Perch Solutions’ sites and shall terminate at such time when you elect to discontinue your usership.
Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Perch Solutions’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a user of Perch Solutions’ sites and shall terminate at such time when you elect to discontinue your usership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Perch Solutions’ sites, the continuous, binding, and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

Those areas which may be deemed “publicly accessible” areas of Perch Solutions’ sites are those areas of our network properties which are meant to be available to the general public, and which include message boards and groups that are openly available to both visitors and users. However, those areas which are not open to the public, and thus available to users only, include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Perch Solutions provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

Your Contributions do not contain any type of confidential or proprietary information;
Perch Solutions shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Perch Solutions shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
The contributor’s Contributions shall automatically become the sole property of Perch Solutions; and
Perch Solutions is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users agree to insure and hold Perch Solutions, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user may submit, post, modify, transmit, or otherwise make available through our Services, the use of our Services or your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to our Sites.

USE AND STORAGE GENERAL PRACTICES

You acknowledge that Perch Solutions may set up practices and limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by us, nor the maximum number of email messages that may be sent and/or received by any user, the maximum volume or size of any email message that may be sent from or received by an account on our Service, the maximum disk space allowable that shall be allocated on our servers on the user’s behalf, and/or the maximum number of times and/or duration that any user may access our Services in a given period of time. In addition, you agree that Perch Solutions has no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Perch Solutions reserves the right to modify, alter, and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate the ability to save your conversations in your account located on our servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on our Sites. It is your agreement to this TOS which establishes your consent to allow Perch Solutions to store any and all communications on its servers.

MODIFICATIONS

Perch Solutions reserves the right at any time it deems fit to modify, alter, and/or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a user of our Sites, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to support@onperch.com or support@kytelearning.com.

As a user, you agree that Perch Solutions may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:

Any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline;
By way of requests from law enforcement or any other governmental agencies;
The discontinuance, alteration, and/or material modification to our Services, or any part thereof;
Unexpected technical or security issues and/or problems;
Any extended periods of inactivity;
Any engagement by you in any fraudulent or illegal activities; and/or
The nonpayment of any associated fees that may be owed by you in connection with your account Services.

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any third party regarding the termination of your account, associated email address, and/or access to any of our Services.

The termination of your account with us shall include any and/or all of the following:

The removal of any access to all or part of the Services offered within our Sites;
The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
The barring of any further use of all or part of our Services.

ADVERTISERS AND TEXTING CAMPAIGNS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services—which may include the payment and/or delivery of related goods and/or Services—and any other term, condition, warranty, and/or representation associated with such dealings, are solely between you and the advertiser. Moreover, you agree that Perch Solutions shall not be held responsible or liable for any loss or damage incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Text Messaging and 10DLC Compliance

Perch Solutions may send you text messages (SMS) as part of our Services. By providing your mobile number, you agree to receive text messages from us. Message and data rates may apply. You can opt out of receiving text messages at any time by replying “STOP” to any message you receive from us or by contacting us directly.

We are committed to complying with the regulations governing text messaging, including the 10DLC (10-Digit Long Code) requirements established by U.S. carriers. This includes, but is not limited to:

Obtaining proper consent before sending any text messages;
Providing clear opt-out instructions in every message;
Respecting all opt-out requests promptly;
Identifying ourselves in every message sent;
Not sending prohibited content or engaging in prohibited practices as defined by carriers and regulations.

For more information or assistance, contact us at support@onperch.com or support@kytelearning.com.

LINKS

Either Perch Solutions or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse nor are we responsible or liable for any content, products, advertising, or other materials on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Perch Solutions 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 the use of or reliance on any such content, goods, or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You acknowledge and agree that Perch Solutions’ Services and any essential software that may be used in connection with our Services (“Software”) contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except as expressly permitted by applicable law or as authorized by Perch Solutions or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on our Services (e.g., Content or Software), in whole or part.

Perch Solutions has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, as long as you do not—and shall not—allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble, or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner, and not to use any modified versions of the Software, including without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface provided by Perch Solutions for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF PERCH SOLUTIONS’ SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. PERCH SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PERCH SOLUTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTIES THAT (i) OUR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS OBTAINED FROM THE USE OF OUR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OUR SERVICES OR SOFTWARE IS ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING, AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM PERCH SOLUTIONS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT PERCH SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SUCH DAMAGES MAY OCCUR, AND RESULT FROM:

THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or join any service, receive or request any news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections on Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Perch Solutions’ content is provided primarily for informational purposes, and no content provided or included in our Services is intended for trading or investing purposes. Perch Solutions and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on such information.

EXCLUSION AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Therefore, some of the above limitations of Sections on Warranty Disclaimers and Limitation of Liability may not apply to you.

THIRD-PARTY BENEFICIARIES

You acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Perch Solutions may furnish you with notices, including those regarding any changes to the TOS, through email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or developed in the future. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You acknowledge, understand, and agree that all of the Perch Solutions and Kyte Learning trademarks, copyrights, trade names, service marks, logos, and any brand features, and/or product and service names are trademarks and, as such, are and shall remain the property of Perch Solutions. You agree not to display and/or use in any manner the Perch Solutions and Kyte Learning logos or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Perch Solutions respects the intellectual property of others, and we ask that our users do the same. Regarding appropriate circumstances and at its sole discretion, Perch Solutions may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you believe your work has been duplicated in a way that constitutes copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:

The electronic or physical signature of the individual authorized 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 believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
A statement, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Perch Solutions Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Perch Solutions, LLC

Attn: Copyright Agent

7984 S 1300 E

Sandy, UT 84094

Telephone: 888-950-8324

Email: info@onperch.com

CLOSED CAPTIONING

BE IT KNOWN that Perch Solutions complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.onperch.com or www.kytelearning.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Perch Solutions and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Perch Solutions Services, affiliate Services, third-party content, or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Perch Solutions with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of Utah without regard to its conflict of law provisions, and that any and all claims, causes of action, and/or disputes arising out of or relating to the TOS, or the relationship between you and Perch Solutions, shall be filed within the courts having jurisdiction within Salt Lake County, Utah or the U.S. District Court located in said state. You and Perch Solutions agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Perch Solutions fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Perch Solutions as follows:

Mailing Address:

Perch Solutions, LLC

Attn: Compliance Department

7984 S 1300 E

Sandy, UT 84094

Telephone: (385) 786-0708

Email: compliance@onperch.com