IMAGINE LEARNINGEND USER TERMS OF SERVICE,VERSION 1.0,LAST REVISED ON:JANUARY 1,2022,Welcome to Imagine Learning! Before using Imagine Learning’s website, software, products, mobile application(s), and ,services (together, the “Services”, “our Services”, or “Company’s Services”), it is important that you carefully read the ,following agreement.
The website located at www.imaginelearning.com(the “Site”) is a copyrighted work belonging to ,Imagine Learning LLC.
(“Company”, “us”, “our”, and “we”).
Certain features of the Servicesmay be subject to additional ,guidelines, terms, or rules, which will be posted as appropriate in connection with such features.
All such additional terms, ,guidelines, and rules are incorporated by reference into theseTermsof Service.,THESE TERMS OF SERVICE(THE “TERMS”),ALONG WITH COMPANY’S PRIVACY POLICY,SET FORTH THE ,LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF COMPANY’SSERVICES.
BY ,USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS.
YOU MAY NOTUSE THE SERVICESOR ACCEPT ,THE TERMS IF YOU ARE NOT AT LEAST 13YEARS OLD.
IF YOU DO NOT AGREE WITH ALL OF THE ,PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.,THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.3) ON AN INDIVIDUAL BASIS TO RESOLVE ,DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE ,TO YOU IN THE EVENT OF A DISPUTE.,1.ACCOUNTS ,1.1Account Creation.
Before you use certain features of Company’s Services, an account will be created for ,you (“Account”)at the direction of the “Account Holder” (typically teachers or school administrators representing schools ,and/or school districts who subscribe to our Services).
You represent and warrant that: (a) anyregistration information you ,provide to Account Holder will be truthful and accurate.
and (b) you will maintain the accuracy of such information.
You may ,request deletion of your Account by contacting the Account Holder.
Companymay suspend or terminate your Account in ,accordance with Section 8.
,1.2Account Responsibilities.You are responsible for maintaining the confidentiality of your Account login ,information and are fully responsible for all activities that occur under your Account.
You agree to immediately notifyAccount ,Holderof any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
Company,cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.,2.ACCESS TO THE SITE ,2.1License.
Subject to these Terms, Companygrants you a non-transferable, non-exclusive, revocable, limited ,license to use and access the Servicessolely for your own personal, noncommercial use.,2.2Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) ,you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether ,in whole or in part, or any content displayed on the Services.
(b) you shall not modify, make derivative works of, disassemble, ,reverse compile or reverse engineer any part of the Siteor Services.
(c) you shall not access the Servicesin order to build a ,similar or competitive website, product, or service.
and (d) except as expressly stated herein, no part of the Servicesmay be ,copied, reproduced, distributed, republished, downloaded, displayed, posted or transmittedin any form or by any means.
,Unless otherwise indicated, any future release, update, or other addition to functionality of the Servicesshall be subject to these ,Terms.
All copyright and other proprietary notices on the Services(oron any content displayed on any Service) must be ,retained on all copies thereof.,2.3Modification.Wereserve the right, at any time, to modify, suspend, or discontinue the Services(in whole ,or in part) with or without notice to you.
You agree that Companywill not be liable to you or to any third party for any ,modification, suspension, or discontinuation of the Servicesor any part thereof.,2.4No Support or Maintenance.You acknowledge and agree that Companywill have no obligation to provide ,you with any support or maintenance in connection with the Services.,2.5Ownership.Excluding any User Content that you may provide (defined below), you acknowledge that all ,the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and theircontent ,are owned by Companyor our suppliers.
Neither these Terms (nor your use of the Services) transfers to you or any third party ,any rights, title or interest in or to such intellectual property rights, except for the limited access rights expresslyset forth in ,Section 2.1.
Companyand its suppliers reserve all rights not granted in these Terms.
There are no implied licenses granted ,under these Terms.,2.6Compliance with Law.You are responsible for using the Services in compliance with all applicable federal ,and state laws and regulations.You shall not use the Services in violation of any applicable law.,2.7Use by Children Under 13.The Children’s Online Privacy Protection Act (“COPPA”) requires that all ,online service providers, including Company, obtain parental consent before knowingly collecting personally identifiable ,information from children under the age of 13.
Companydoes not knowingly collect or solicit any personally identifiable ,information from children under the age of 13, and instead relies upon information provided to Company by Account Holder.
,Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with ,parental consent or with the consent of an Account Holder who is providing such consent in compliance with COPPA.
If we ,learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we ,will delete that information in a reasonably prudent amount of time.
If you believe that a child under the age of 13 has provided ,personally identifiable information to us, please contact us at privacy@imaginelearning.com.
,2.8Accessibility.
Companyis committed to ensuring that the Services remain accessible to all individuals, ,regardless of disability.
Companywill take reasonable steps to ensure that the Services meet common industry standards for ,accessibility and materially comply with the requirements of the Americans with Disabilities Act (“ADA”), as applicable.
If ,you have any suggestions about improvements Companycan make to enhancethe accessibility of the Services, please contact ,us at accessibility@imaginelearning.com.
,3.USER C ONTENT,3.1User Content.“User Content” means any and all information and content that a user submits to, or uses ,with, the Services(e.g., content in the user’s profile or postings).
You are solely responsible for your User Content.
You ,assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness ,by others, or any disclosure of your User Content that personally identifies you or any third party.
You hereby represent and ,warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3).
You may not represent or ,imply to others that your User Content is in any way provided, sponsored,or endorsed by Company.
Because you alone are ,responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the ,Acceptable Use Policy.
We arenot obligated to backup any User Content, and your User Content may be deleted at any time ,without prior notice.
You are solely responsible for creating and maintaining your own backup copies of your User Content if,you desire.,3.2License.You hereby grant (and you represent and warrant that you have the right to grant) to Companyan ,irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, ,prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant ,sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services.
You hereby ,irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to ,your User Content.,3.3Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”:,(a)You agree not to use the Servicesto collect, upload, transmit, display, or distribute any User Content ,(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right ,of publicity, or any other intellectual property or proprietary right.
(ii) that is unlawful, harassing, abusive, tortious, threatening, ,harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, ,obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or ,is otherwise objectionable.
(iii) that is harmful to minors in any way.
or (iv) that is in violation of any law, regulation, or ,obligations or restrictions imposed by any third party.,(b)In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any ,computer viruses, worms, or any software intended to damage or alter a computer system or data.
(ii) send through the Services,unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other ,form of duplicative or unsolicited messages, whether commercial or otherwise.
(iii) use the Servicesto harvest, collect, gather ,or assemble information or data regarding other users, including e-mail addresses, without their consent.
(iv) interfere with, ,disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or ,procedures of such networks.
(v) attempt to gain unauthorized access to our Services (orto other computer systems or networks ,connected to or used together with the Services), whether through password mining or any other means.
(vi) harass or interfere ,with any other user’s use and enjoyment of the Services.
or (vi) use software or automatedagents or scripts to produce multiple ,accounts on the Services, or to generate automated searches, requests, or queries to (or to strip,scrape, or mine data from) our ,Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use ,spiders to copy materials from the Servicesfor the sole purpose of and solely to the extent necessary for creating publicly ,available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in ,our robots.txt file).,(c)You further agree that you will not: (i) publish or post screenshots, video, text or other reproductions of ,content from any course provided through the Services or (ii) use any technology,code, or other method to automatically skip ,content or answer questions provided through the Services.
The building, use, or sharing of any such technology, code, or ,other methodology is strictly prohibited.
,3.4Enforcement.
We reserve the right (but have no obligation) to review any User Content, and to investigate ,and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision ,of these Terms or otherwise create liability for us or any other person.
Such action may include removing or modifying your ,User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.,3.5Feedback.If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you ,hereby assign to Companyall rights in such Feedback and agree that we shall have the right to use and fully exploit such ,Feedbackand related information in any manner it deems appropriate.
Companywill treat any Feedback you provide to us as ,non-confidential and non-proprietary.
You agree that you will not submit to Companyany information or ideas that you ,consider to be confidential or proprietary.,3.6Your Data.As an education technology company that may collect data about K-12 and postsecondary ,students, Companyis subject to certain laws and regulations, some of which are described below.
Please visit our Privacy ,Policy for more information on how we collect, use, and safeguard data.,(a)Companywill materially comply with all applicable federal and state student privacy laws and ,regulations.
We will provide access to Personal Information pertaining to K-12 students only to our employees and ,subcontractors who need to access the data.,(b)“PersonalInformation” means, collectively personally identifiable information as defined in ,applicable law including the Family Educational Rights and Privacy (“FERPA”), the California Consumer Privacy Act ,(“CCPA”), and the EuropeanUnion’s General Data Protection Regulation (“GDPR”).,4.INDEMNIFICATION.You agree to indemnify and hold Company(and its officers, employees, and agents) harmless, ,including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of ,the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.
,Companyreserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are ,required to indemnify us, and you agree to cooperate with our defense of these claims.
You agree not to settle any matter ,without the prior written consent of Company.
Companywill use reasonable efforts to notify you of any such claim, action or ,proceeding upon becoming aware of it.,5.THIRD-PARTY LINKS;OTHER USERS,5.1Third-Party Links.
The Servicesmay contain links to third-party websites and services (collectively, ,“Third-Party Links”).
Such Third-Party Links are not under the control of Company, and wearenot responsible for any ,Third-Party Links.
Companyprovides access to these Third-Party Links only as a convenience to you, and does not review, ,approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.
You use all Third-Party ,Links at your own risk and should apply a suitable level of caution and discretion in doing so.
When you click on any of the ,Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering ,practices.
You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction ,in connection with such Third-Party Links.,5.2Other Users.
Each Serviceuser is solely responsible for any and all of its own User Content.
Because we ,do not control User Content, you acknowledge andagree that we are not responsible for any User Content, whether provided ,by you or by others.
We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
,Your interactions with other Serviceusers are solely between you and such users.
You agree that Companywill not be ,responsible for any loss or damage incurred as the result of any such interactions.
If there is a dispute between you and any ,Serviceuser, we are under no obligation to become involved.,5.3Release.You hereby release and forever discharge Company(and our officers, employees, agents, ,successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, ,controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, ,death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the ,Services(including any interactions with, or act or omission of, other Serviceusers or any Third-Party Links &.
Ads).
IF YOU ,ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN ,CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO , C LAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE ,TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY ,AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”,6.DISCLAIMERS ,THESITEISPROVIDEDONAN“AS-IS”AND“ASAVAILABLE”BASIS,ANDCOMPANY(ANDOURSUPPLIERS),EXPRESSLYDISCLAIMANYANDALLWARRANTIESANDCONDITIONSOFANYKIND,WHETHEREXPRESS,,IMPLIED,ORSTATUTORY,INCLUDINGALLWARRANTIESORCONDITIONSOFMERCHANTABILITY,FITNESS,FORAPARTICULARPURPOSE,TITLE,QUIETENJOYMENT,ACCURACY,ORNON-INFRINGEMENT.WE(AND,OURSUPPLIERS)MAKENOWARRANTYTHATTHESITEWILLMEETYOURREQUIREMENTS,WILLBE,AVAILABLEONANUNINTERRUPTED,TIMELY,SECURE,ORERROR-FREEBASIS,ORWILLBEACCURATE,,RELIABLE,FREEOFVIRUSESOROTHERHARMFULCODE,COMPLETE,LEGAL,ORSAFE.IFAPPLICABLELAW,REQUIRESANYWARRANTIESWITHRESPECTTOTHESERVICES,ALLSUCHWARRANTIESARELIMITEDIN,DURATIONTONINETY(90)DAYSFROMTHEDATEOFFIRSTUSE.,SOMEJURISDICTIONSDONOTALLOWTHEEXCLUSIONOFIMPLIEDWARRANTIES,SOTHEABOVE,EXCLUSIONMAYNOTAPPLYTOYOU.SOMEJURISDICTIONSDONOTALLOWLIMITATIONSONHOWLONG,ANIMPLIEDWARRANTYLASTS,SOTHEABOVELIMITATIONMAYNOTAPPLYTOYOU.,7.LIMITATION ON LIABILITY,TOTHEMAXIMUMEXTENTPERMITTEDBYLAW,INNOEVENTSHALLCOMPANY(OROURSUPPLIERS)BE,LIABLETOYOUORANYTHIRDPARTYFORANYLOSTPROFITS,LOSTDATA,COSTSOFPROCUREMENTOF,SUBSTITUTEPRODUCTS,ORANYINDIRECT,CONSEQUENTIAL,EXEMPLARY,INCIDENTAL,SPECIALOR,PUNITIVEDAMAGESARISINGFROMORRELATINGTOTHESETERMSORYOURUSEOF,ORINABILITYTO,USE,THESERVICES,EVENIFCOMPANYHASBEENADVISEDOFTHEPOSSIBILITYOFSUCHDAMAGES.,ACCESSTO,ANDUSEOF,THESERVICESISATYOUROWNDISCRETIONANDRISK,ANDYOUWILLBESOLELY,RESPONSIBLEFORANYDAMAGETOYOURDEVICEORCOMPUTERSYSTEM,ORLOSSOFDATARESULTING,THEREFROM.,TOTHEMAXIMUMEXTENTPERMITTEDBYLAW,NOTWITHSTANDINGANYTHINGTOTHECONTRARY,CONTAINEDHEREIN,OURLIABILITYTOYOUFORANYDAMAGESARISINGFROMORRELATEDTOTHIS,AGREEMENT(FORANYCAUSEWHATSOEVERANDREGARDLESSOFTHEFORMOFTHEACTION),WILLAT,ALLTIMESBELIMITEDTOAMAXIMUMOFFIFTYUSDOLLARS(U.S.$50).THEEXISTENCEOFMORETHAN,ONECLAIMWILLNOTENLARGETHISLIMIT.YOUAGREETHATOURSUPPLIERSWILLHAVENOLIABILITY,OFANYKINDARISINGFROMORRELATINGTOTHISAGREEMENT.,SOMEJURISDICTIONSDONOTALLOWTHELIMITATIONOREXCLUSIONOFLIABILITYFORINCIDENTALOR,CONSEQUENTIALDAMAGES,SOTHEABOVELIMITATIONOREXCLUSIONMAYNOTAPPLYTOYOU.,8.TERM AND TERMINATION.,8.1Termination.
Effect of Termination.
Subject to this Section, these Terms will remain in full force and ,effect while you use the Services.
We may suspend or terminate your rights to use the Services(including your Account) at ,any time for any reason atour sole discretion, including for any use of the Servicesin violation of these Terms.Upon ,termination of your rights under these Terms, your Account and right to access and use the Serviceswill terminate immediately.
,You understand that any termination of your Account may involve deletion of your User Content associated with your Account ,from our live databases.
Companywill not have any liability whatsoever to you for any termination of your rights under these ,Terms, including for termination of your Account or deletion of your User Content.
Even after your rights under these Terms ,are terminated, the following provisions of these Terms will remain in effect: Sections 2.2through 2.5, Section 2.7,and Sections ,4 through 10.,8.2Deletion of Personal Information.
Upon termination of yourAccount, you may request that Account ,Holder direct Companyto delete any Personal Information from its live databases.Companyagrees to take commercially ,reasonable steps to honor any deletion requests received from Account Holderin a reasonable amountof time (not to exceed ,ninety (90) days).
You understand and agree that Companymay continue to have Personal Information in archive files or ,similar databases.
You further agree that Companyhas no obligation to delete aggregated or de-identified information.
,Companymay retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal ,and state laws and regulations.,9.
C OPYRIGHT POLICY.,Companyrespects the intellectual property of others and asks that users of our Servicesdo the same.
In connection with our ,Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing ,materials andfor the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual ,property rights, including copyrights.
If you believe that one of our users is, through the use of our Services, unlawfully ,infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in ,the form of a written notification (pursuant to 17 U.S.C.
§ 512(c)) must be provided to our designated Copyright Agent:,1.your physical or electronic signature;,2.identification of the copyrighted work(s) that you claim to have been infringed;,3.identification of the material on our services that you claim is infringing and that you request us to remove;,4.sufficient information to permit us to locate such material;,5.your address, telephone number, and e-mail address;,6.a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright ,owner, its agent, or under the law.
and,7.a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the ,owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright ,owner.,Please note that, pursuant to 17 U.S.C.
§ 512(f), any misrepresentation of material fact (falsities) in a written notification ,automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection ,with the written notification and allegation of copyright infringement.,The designated Copyright Agent for Companyis: ,Designated Agent: Legal Department,Address of Agent: 8860 E Chaparral Road, Suite 100, Scottsdale, AZ 85250,Telephone: 480-675-7284,E-mail: legal@imaginelearning.com,10.
G ENERAL,10.1Fees.At this time, all fee agreements are made with Account Holder.
Any change to this policy would be ,effective upon thirty (30) calendar days’ notice.,10.2Changes.These Terms are subject to occasional revision, and if we make any substantial changes, we may ,notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice ,of the changes on our Site.
Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following ,our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes ,on our Site.
These changes will be effective immediately for new users of our Services.
Continued use of our Services,following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the ,terms and conditions of such changes.,10.3Dispute Resolution.
Mandatory Arbitration.
Please read this Arbitration Agreement carefully.
It is part ,of your contract with Companyand affects your rights.
It contains procedures for MANDATORY BINDING ,ARBITRATION AND A CLASS ACTION WAIVER.,(a)Applicability of Arbitration Agreement.All claims and disputes (excluding claims for injunctive or ,other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Company,that cannot be resolved informally or in small claims court shall be resolved bybinding arbitration on an individual basis under ,the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in English.
This ,Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in ,interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided ,under the Terms.,(b)Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the ,party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or ,dispute, and the requested relief.
A Notice to Companyshould be sent to:Attn: Legal Department, 8860 E Chaparral Road, ,Suite 100, Scottsdale AZ 85250.
After the Notice is received, you and Companymay attempt to resolve the claim or dispute ,informally.
If you and Companydo not resolve the claim or dispute within thirty (30) days after the Notice is received, either ,party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be disclosed to the ,arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.,(c)Arbitration Rules.
Arbitration shall be initiated through the American Arbitration Association ,(“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this ,section.
If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ,ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding ,arbitration, except to the extent such rules are in conflict with the Terms.
The AAA Consumer Arbitration Rules (“Arbitration ,Rules”) governing the arbitration are available online at www.adr.orgor by calling the AAA at 1-800-778-7879.
The ,arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought ,is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved throughbinding non-appearance-based arbitration, ,at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten Thousand,U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be ,held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties,agree otherwise.
If you reside outside of the U.S., the arbitrator shall give the partiesreasonable notice of the date, time and ,place of any oral hearings.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent ,jurisdiction.
If the arbitrator grants you an award that is greater than the last settlementoffer that Companymade to you prior ,to theinitiation of arbitration, Companywill pay you the greater of the award or $2,500.00.
Each party shall bear its own costs ,(including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of ,the ADR Provider.,(d)Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is ,elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions.
the specific manner ,shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties ,or witnesses unless otherwise agreed by the parties.,(e)Time Limits.If youor Companypursue arbitration, the arbitration action must be initiated and/or ,demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under ,the AAA Rules for the pertinent claim.,(f)Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, ,if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or ,parties.
The arbitrator shall have the authority togrant motions dispositive of all or part of any claim.
The arbitrator shall have ,the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under ,applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing ,the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The ,arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
The award of ,the arbitrator is final and binding upon you and Company.,(g)Waiver of Jury Trial.THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND ,STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing ,that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are ,typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by ,a court.
In the event any litigation should arise between you andCompanyin any state or federal court in a suit to vacate or ,enforce an arbitration award or otherwise, YOU AND COMPANYWAIVE ALL RIGHTS TO A JURY TRIAL, instead ,electing that the dispute be resolved by a judge.,(h)Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE ,OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND ,NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED ,OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
,(i)Confidentiality.
All aspects of the arbitration proceeding, including but not limited to the award of ,thearbitrator and compliance therewith, shall be strictly confidential.
The parties agree to maintain confidentiality unless ,otherwise required by law.
This paragraph shall not prevent a party from submitting to a court of law any information necessary ,to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.,(j)Severability.
If any part or parts of this Arbitration Agreement are found under the law to be invalid ,or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall ,be severed and the remainder of the Agreement shall continue in full force and effect.,(k)Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may ,be waived by the party against whom the claim is asserted.
Such waiver shall not waive or affect any other portion of this ,Arbitration Agreement.,(l)Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship ,with Company.
,(m)Small Claims Court.Notwithstanding the foregoing, either you or Companymay bring an ,individual action in small claims court.,(n)Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency ,equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
A request for interim ,measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.,(o)Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation ,of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark ,or trade secrets shall not be subject to this Arbitration Agreement.,(p) C ourts.In any circumstances where the foregoing Arbitration Agreement permits the parties to ,litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Maricopa County, ,Arizona, for such purpose.,10.4Export.The Servicesmay besubject to U.S.
export control laws and may be subject to export or import ,regulations in other countries.Youagree not to export, reexport, or transfer, directly or indirectly, any U.S.
technical data ,acquired from Company, orany products utilizing such data, in violation of the United States export laws or regulations.,10.5Disclosures.Companyis located at the address in Section 10.11.
If you are a California resident, you may ,report complaints to the Complaint Assistance Unitof the Division of Consumer Productof the California Department of ,Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.,10.6Electronic Communications.The communications between you and Companyuse electronic means, ,whether you use the Siteor send us emails, or whether Companyposts notices on theServicesor communicates with you via ,email.
For contractual purposes, you (a) consent to receive communications from us in an electronic form.
and (b) agree that ,all terms and conditions, agreements, notices, disclosures, and other communications that weprovide to you electronically ,satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
The foregoing does ,not affect your non-waivable rights.,10.7Entire Terms.These Terms constitute the entire agreement between you and us regarding the use of the ,Services.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or ,provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The word ,“including” means “including without limitation”.
Your relationship to Companyis that of an independent contractor, and ,neither party is an agent or partner of the other.,10.8Severability.If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other ,provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is ,valid and enforceable to the maximum extent permitted by law.
,10.9Assignment.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, ,delegated, or otherwise transferred by you without Company’sprior written consent, and any attempted assignment, ,subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Companymay freely assign these Terms.
,The terms and conditions set forth in these Terms shall be binding uponassignees.
,10.10Copyright/Trademark Information.
Copyright © 2022IMAGINE LEARNING LLC.All rights reserved.
All,trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties.
,You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own ,the Marks.,10.11Contact Information:,Legal Department,8860 E Chaparral Road, Suite 100, Scottsdale, AZ 85250,Telephone: 480-675-7284,E-mail: legal@imaginelearning.com