Updated as of November 1, 2021
By using Actively Learn Inc.’s (also referred to as “Actively Learn”, “Us” or “We”) free or paid Actively Learn products, software, services or web sites (“Actively Learn Services"), you, a school, school district, or other entity purchasing Actively Learn Services’ or an Actively Learn Services’ account holder and user (“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 of Service"). We may update these Terms of Service without prior notice.
By (i) clicking any available “I Agree”or “Get Started” checkbox or purchase or submit button on the Actively Learn Services checkout page or (ii) registering your user account, You accept and agree to be bound by these Terms of Service. By accepting these Terms of Service, You affirm that You have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and that You will comply with these Terms of Service in connection with your purchase and use of the Services.
We offer You access to use Actively Learn Services for educational purposes, 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.
Using Actively Learn Services for educational purposes includes but is not limited to: instruction or curriculum-based teaching by educators to students at educational or educational support (e.g., tutoring) institutions, planned study or investigation directed toward making a contribution to a field of knowledge, professional development or professional learning sessions, or presentation of research findings at peer conferences, workshops, or seminars.
Using Actively Learn Services for educational purposes, You may assign to students (1) texts, videos, and other electronic content available in the Actively Learn Services catalog, which content was created by Actively Learn or by a third party, some of which must be purchased, either by purchasing a license to use Actively Learn Services or by purchasing the content item or both, or (2) texts, videos, and other electronic content You add to your Actively Learn Services account from the world wide web or by upload of a Google document, PDF, or other electronic content. The content You create is referred to as “Your Base Content,” content created by Actively Learn is referred to as “Actively Learn Base Content,” and the content created by a third party is referred to as “Third Party Base Content.” Together, Your Base Content, Actively Learn Base Content, and Third Party Base Content are referred to as “Base Content.”
Actively Learn Services can make it possible for You to create, use, and share “Instructional Content” for Base Content, where Instructional Content could consist of text, lessons and assignments, summative and formative assessments, questions, notes, instructional feedback, links, music, sound, photographs, graphics, and videos related to the Base Content to help your students as they interact with the Base Content. Instructional Content You create entirely on your own or in direct collaboration with other educators is referred to herein as “Your Instructional Content”; Instructional Content You use, transform, or assign that was originally created by Actively Learn or by a third party without your participation is referred to as “Available Instructional Content.”
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 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 represent and warrant that prior to providing Your Base Content or Your Instructional Content You will have all necessary rights to provide the content, and that any content you share on the Actively Learn Service will not infringe any third-party rights, including any intellectual property or proprietary rights. While You retain all patent, trademark and copyright rights to Your Base Content and Your Instructional Content, You grant Actively Learn the right to make Your Base Content or Your Instructional Content available to Actively Learn end users and Actively Learn licensors in the same manner and to the same extent as the Actively Learn Base Content, Third Party Base Content, and Available Instructional Content. Additional terms and options may be presented through the applicable upload interface available on the Actively Learn Service which shall be in addition to, and not instead of, these Terms of Service. You further agree that Actively Learn does not take title to or claim ownership of Your Base Content or Your Instructional Content and nothing in these Terms of Service may be construed as infringing upon your ownership of Your Base Content or Your Instructional Content.
You agree to use Actively Learn Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. Actively Learn has the right but not the obligation to monitor and edit or remove any activity or any Base Content or Instructional Content. Actively Learn takes no responsibility and assumes no liability for any Base Content or Instructional Content uploaded or posted by You or any other account holder. You agree that You will not engage in any activity that interferes with or disrupts Actively Learn Services.
The Actively Learn Services and Actively Learn Base Content and Third Party Base Content provided by Actively Learn are provided from, and PII and Actively Learn Services data are stored on, servers located in the United States. You acknowledge and agree that we may provide the Actively Learn Services and Actively Learn Base Content and Third Party Base Content provided by Actively Learn, and store PII and Actively Learn Services data, in this manner. If You use the Services from a region of the world with laws governing data collection and use that differ from those of the United States, then You acknowledge and agree that You are responsible for compliance with local laws, if and to the extent local laws are applicable.
If You use or assign Third Party Base Content in Actively Learn Services, whether or not You do so by creating Your Instructional Content for the Third Party Base Content or by using or transforming Available Instructional Content for the Third Party Base Content, prior to such use or assignment You agree and confirm that one or more of the following are true: (1) the Third Party Base Content is in the public domain, (2) a third party licensor is the owner of and retains all patent, trademark and copyright rights to such Third Party Base Content, and You are licensed to use the Third Party Base Content through purchase or other form of license (e.g., a Creative Commons license), or (3) You are making “fair use,” for educational purposes, of such Third Party Base Content, based upon your own determination that your use qualifies as “fair use.” You are responsible for determining your right to use content.
You further agree that Actively Learn does not take title to or claim ownership of Third Party Base Content You use in Actively Learn Services and nothing in these Terms of Service may be construed as infringing upon a third party’s patent, trademark and copyright rights, if any, to the Third Party Base Content.
When using Purchased Third Party Base Content in Actively Learn Services, You acknowledge that (i) your use of the Purchased Third Party Base Content is for your personal educational and non-commercial use, (ii) You are prohibited from selling, distributing, sharing, emailing, posting, making publicly accessible, uploading, copying to a CD, DVD, USB stick, or other external storage device, or printing the Purchased Third Party Base Content, (iii) You are prohibited from disabling or circumvention of DRM (Digital Rights Management) or security of the Purchased Third Party Base Content, (iv) You may access the Purchased Third Party Base Content only during the duration of the term specified at time of purchase, (v) use of the Purchased Third Party Base Content is only for individuals who are current students, faculty or staff at a PK-12 school, and (vi) use of the Purchased Third Party Base Content is for classroom use and does not include distribution to School libraries or other non-classroom based uses.
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.
If You are a school, district or teacher in the United States and want your students who are under the age of 13 to create Actively Learn accounts, as permitted by the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”), we rely on You in place of a student’s parents/guardians to provide consent and authorization regarding use of the Actively Learn Services and collection of the PII.
We respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Legal Department, McGraw Hill, Legal Department, 1325 Avenue of the Americas, New York, New York 10019. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that You claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Actively Learn Services may be available to individual account holders either as a free service or as a paid service (“Paid Service”). Accounts may not be shared.
The following terms apply only to individual Account Holders who purchase the Paid Service.
Actively Learn offers the Actively Learn Services to individual Account Holders on a subscription basis subject to auto-renewal. This means that your subscription will automatically renew for a given term as communicated to You in the manner described below without any further action taken by You. Auto-renewal ensures continued access to your Services until You cancel your subscription, with no need to keep track of renewal dates. Subscription periods shall commence upon the date of your order of the Services. We will automatically renew your subscription on the applicable renewal dates presented to You on your profile page, using the payment method You used to pay for the initial subscription, until You cancel your subscription. You must cancel your subscription before it automatically renews at the end of the then-current subscription period (or free trial if applicable) in order to avoid renewal charges. Subscription fees are subject to change, and You will be charged at the then-current published subscription fee for your term. You will be notified in advance of any changed subscription fees and will be provided the opportunity to cancel prior to your subscription automatically renewing at the new price. Your access is conditioned upon timely payment of the applicable subscription fee. You will not have access to the Services beyond your then-current paid period if your subscription is cancelled, allowed to lapse, or terminated for non-payment. You acknowledge that the amount billed may vary due to purchases You 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. Service fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
You may cancel your subscription for Actively Learn Services by cancelling on Your profile page, emailing firstname.lastname@example.org or through the chat function in Actively Learn Services. You may cancel a subscription at any time, but the cancellation will only become effective at the end of your current billing period (or free trial if applicable). We do not offer refunds or credits if You cancel your subscription after your new billing cycle began. If You cancel your subscription in the middle of a billing cycle, You will not receive a refund of any prepaid subscription fees. Cancellation will only take effect at the end of your current billing period (or free trial if applicable) and we will allow You to access the relevant Services until your most recently paid-up subscription period ends.
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. 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.
Individual account holders 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 of Service, 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.
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. For the Paid Service, we retain regular database backups which allow us to restore the application database if Content or other communications are temporarily lost.
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 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.
Except as expressly authorized in writing by Actively Learn, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Software that is protected by Actively Learn intellectual property rights.
Subject to the Terms of Service, 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 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 of Service or as specifically authorized in a separate written agreement.
Actively Learn Services may provide, or Actively Learn Services account holders or third parties may provide, links to other World Wide Web sites or resources in Base Content, Instructional Content, or otherwise. 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 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 goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Actively Learn, and its parent(s), subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Actively Learn and Partners") from and against any third party claim arising from your direct and intentional 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.
Actively Learn agrees to hold harmless and indemnify You from and against any third party claim arising from negligence or willful misconduct of Actively Learn. In such a case, You will provide Actively Learn with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT OF FEES YOU PAID DURING THE TERM OF YOUR WRITTEN ORDER OR AGREEMENT. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE AND OTHER TORTS. IN NO EVENT SHALL WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND OUR LICENSORS 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 CONTENT OR THE ACTIVELY LEARN SERVICE.
The Terms (including any policies, guidelines or amendments that may be presented to You 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 third party software.
The failure of Actively Learn to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Actively Learn Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Actively Learn may provide You with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Actively Learn Services. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.