By using Actively Learn Inc.’s free or paid products, software, services or web sites ("Actively Learn Services"), you agree to the following terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time (collectively, the "Terms"). We may update the Terms in the future.
Actively Learn Inc. ("Actively Learn") offers Actively Learn Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving Actively Learn Services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Actively Learn Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Actively Learn of any unauthorized use of your password or account or any other breach of security. Actively Learn cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You agree that you are responsible for your own conduct and any information, data, text,
questions, comments, answers, notes, software, music, sound, photographs, graphics, video,
messages or other materials ("Content") that you create, transmit or display while using Actively
Learn Services and for any consequences thereof. You agree to use Actively Learn Services
only for purposes that are legal, proper and in accordance with the Terms and any applicable
policies or guidelines. You agree and represent that you have the right to access and use for
instructional purposes any material you view, import, or use from another source on Actively
Learn Services. Actively Learn has the right but not the obligation to monitor and edit or remove
any activity or Content. Actively Learn takes no responsibility and assumes no liability for any
Content posted by you or any third party.
You agree that you will not engage in any activity that interferes with or disrupts Actively Learn Services.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
Any personally identifying information submitted through Actively Learn Services is subject to
By using Actively Learn Services, you acknowledge and agree that Actively Learn may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Actively Learn, its users or the public as required or permitted by law.
Actively Learn Services are available either as a free service or as a premium, paid service. The paid service is available as a “Teacher Premium Service” or a “School Premium Service” as set forth below (these are referred to collectively as the “Premium Service”). You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method") to use our Premium Service, or to purchase third-party copyright content in either our free or Premium Service.
The paid service is available for teachers (“Teacher Premium Service”) as a monthly or annual service, and as an annual service for schools and school districts that is payable annually (“School Premium Service”).
By starting your applicable Premium Service, you are expressly agreeing that we are authorized
to charge you monthly or annually, depending on your billing plan, at the then current rate, and
any other charges you may incur in connection with your use of the applicable Premium Service
to the Payment Method you provided during registration. Please note that prices and charges
are subject to change with notice. As used in these Terms, "billing" shall indicate either a charge
or debit, as applicable, against your Payment Method. The fee will be billed at the beginning
of the paying portion of your membership and each month thereafter or each year thereafter,
depending on your billing plan, unless and until you cancel your membership. We automatically
bill your Payment Method each month or each year, depending on your billing plan, on the
calendar day corresponding to the commencement of your paying membership. Membership
charges are fully earned upon payment. In the event your paying membership began on a day
not contained in a given month, we would bill your Payment Method on the last day of such
month. For example, if you started a monthly Teacher Premium Service on January 31st, your
next payment date is February 28th and your Payment Method would be billed on that date. You
acknowledge that the amount billed each month may vary from month to month for reasons that
may include differing amounts due to purchases you--or in the case of School Premium Service,
your agents--make of third party copyright content made available in Actively Learn Services,
and you authorize us to charge your Payment Method for such varying amounts, which may
be billed monthly in one or more charges. For certain Payment Methods, the issuer of your
Payment Method may charge you a foreign transaction fee or related charges. Check with your
bank and credit card issuers for details.
Service fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers (“Credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by emailing us at email@example.com. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
The Premium Service will continue unless and until you cancel your service or we terminate it. You must cancel your service before it renews for the next applicable period in order to avoid billing of the next month's or year’s fees to your Payment Method. We will bill the fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Fees are fully earned upon payment.
You may cancel the Premium Service at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH or PARTIAL-YEAR SERVICE PERIODS. To cancel, in settings click change plan or simply email us at firstname.lastname@example.org.
We reserve the right to terminate or restrict your use of Actively Learn Services, without notice, for any or no reason whatsoever. If we terminate your service without notifying you of a violation by you of these Terms, we will refund the amount due for the remainder of the current billing period. Sections of these Terms relating to Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and those relating to choice of law, severability and statute of limitations shall survive expiration or termination.
You acknowledge and agree that Actively Learn Services and any necessary software used
in connection with Actively Learn Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws and treaties. You
further acknowledge and agree that Content presented to you through Actively Learn Services
may be protected by copyrights, trademarks, service marks, patents or other proprietary rights
Except as expressly authorized in writing by Actively Learn or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Software or Content that is protected by Actively Learn intellectual property rights or any third party intellectual property rights.
Subject to the Terms, Actively Learn grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity has been expressly authorized by Actively Learn in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Actively Learn Services. You agree not to access Actively Learn Services by any means other than through the interface that is provided by Actively Learn for use in accessing Actively Learn Services except as specifically authorized in a separate written agreement.
Except as expressly authorized by Actively Learn in writing, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Actively Learn's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Actively Learn Services or Software.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you create, submit, post or display on or through Actively Learn Services and you are responsible for protecting those rights, as appropriate. By creating instructional Content on or through Actively Learn Services, you grant Actively Learn a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish, use and distribute such instructional Content on Actively Learn Services for the purpose of displaying, distributing and promoting Actively Learn Services, and for the purpose of improving the performance, features, sophistication and effectiveness of our products, software, services or websites. Actively Learn furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You agree that Actively Learn has no responsibility or liability for the deletion or failure to store
any Content and other communications maintained or transmitted by Actively Learn Services.
You acknowledge that Actively Learn may have set no fixed upper limit on the number of
transmissions you may send or receive through Actively Learn Services or the amount of
storage space used; however, we retain the right, at our sole discretion, to create limits at any
time with or without notice.
Upon the termination of your use of Actively Learn Services, including upon receipt of a certificate or other legal document confirming your death, Actively Learn will close your account and you will no longer be able to retrieve content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Actively Learn Services, use of Actively Learn Services, or access to Actively Learn Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
Actively Learn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Actively Learn Services (or any part thereof) with or without notice, including Premium Service. You agree that Actively Learn shall not be liable to you or to any third party for any modification, suspension or discontinuance of Actively Learn Services, including Premium Service.
You may discontinue your use of free Actively Learn Services at any time. You agree that Actively Learn may at any time and for any reason, including a period of account inactivity, terminate your access to Actively Learn Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Actively Learn Services, your account or any files or other content contained in your account. Sections of these Terms relating to Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and those relating to choice of law, severability and statute of limitations shall survive expiration or termination.
Actively Learn Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Actively Learn has no control over such sites and resources and you acknowledge and agree that Actively Learn is not responsible for the availability of such external sites 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 sites or resources. You further acknowledge and agree that Actively Learn 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 site or resource.
You agree to hold harmless and indemnify Actively Learn, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Actively Learn and Partners") from and against any third party claim arising from or in any way related to your use of Actively Learn Services, violation of the Terms or any other actions connected with use of Actively Learn Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Actively Learn will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-YOUR USE OF ACTIVELY LEARN SERVICES IS AT YOUR SOLE RISK. ACTIVELY LEARN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVELY LEARN AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
-ACTIVELY LEARN AND PARTNERS DO NOT WARRANT THAT (i) ACTIVELY LEARN SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ACTIVELY LEARN SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACTIVELY LEARN SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ACTIVELY LEARN SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
-ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ACTIVELY LEARN SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
-NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVELY LEARN OR THROUGH OR FROM ACTIVELY LEARN SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTIVELY LEARN AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 ACTIVELY LEARN OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ACTIVELY LEARN SERVICES; (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 ACTIVELY LEARN SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ACTIVELY LEARN SERVICES; OR (v) ANY OTHER MATTER RELATING TO ACTIVELY LEARN SERVICES.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Actively Learn may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Actively Learn Services.
The Terms (including any policies, guidelines or amendments that may be presented to your from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Actively Learn and govern your use of Actively Learn Services, superseding any prior agreements between you and Actively Learn for the use of Actively Learn Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Actively Learn Services, affiliate services, third-party content or thirdparty software.
The Terms and the relationship between you and Actively Learn shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.
The failure of Actively Learn to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms 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 Actively Learn Services or the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.