Revision date: February 25, 2023
Activate Learning (“the Company” or “We”) operates this website and related sites, portals, and online services (collectively, “the Site”) to provide services that include instructional content, services, support functionality and applications.
IF YOU ARE AN EMPLOYEE OR OTHER REPRESENTATIVE OF A SCHOOL OR OTHER ORGANIZATION WHO IS ACCESSING OR USING THE SITE ON BEHALF OF SUCH ORGANIZATION, THEN YOU ARE AGREEING TO THE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION.
WE MAY MODIFY THESE TERMS AT ANY TIME AT OUR DISCRETION AND WE MAY PROVIDE SUCH MODIFICATIONS TO YOU BY ANY REASONABLE MEANS, INCLUDING, BUT NOT LIMITED TO, BY POSTING THE REVISED VERSION OF THIS AGREEMENT ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER A REVISION TO THIS AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
PASSWORDS AND REGISTRATION
Portions of the Site are secure and may require you to register in order to participate in those areas. User accounts issued for the Site are for individual use only and you are solely responsible for maintaining the confidentiality of your user name and password. You agree to provide accurate and complete information about yourself when registering or otherwise providing information regarding your account and to update your account data to keep it accurate and complete and to log out when you conclude each session. You agree that we may store and use the information you provide for maintaining your account. You also agree not to misrepresent your identity or affiliation with any person or entity, including (but not limited to) using another person's username, password or other account information. Violations of our security systems may result in civil or criminal liability. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you are aware. We will take every effort to ensure your online security, but we are not liable for any loss or damage arising from your failure to comply with these provisions.
USE OF CONTENT
The Site contains information, text, files, images, video, computer code, works of authorship, applications, and other materials and content of Company or its licensors (collectively, the “Content”). The Site (including the Content) is protected by copyright, trademark, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Site and the Content. Company hereby grants to you a limited, revocable, non-sublicensable license, during the term of the Agreement, to access, display and use the Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Company in this Agreement or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
- You may return any unused merchandise, in fully saleable condition in its original packaging within 30 days of the receipt of your order for a full refund.
- All returns require a written authorization from Activate Learning.
- All returns after 30 days will be subject to a restocking fee of 15-20%.
LIMITATIONS OF USE
You agree not to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortious; defamatory; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory.
- Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, contract or other proprietary rights.
- Harass or harm another person.
- Exploit or endanger a minor.
- Impersonate any person or entity.
- Introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized access to or use of a computer or a computer network.
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site or any account, or Company’s servers or networks;
- Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site). Cover, remove, disable, block or obscure the Site (including advertisements on the Site).
- Use technology or any automated system, such as scripts or bots, to collect user names, passwords, e-mail addresses or any other data from or through the Site, or to circumvent or modify any security technology or software that is part of the Site.
- Send or cause to send (directly or indirectly) unsolicited messages or other unsolicited communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Company, and that the amount of such harm would be extremely difficult to measure.
- Modify, adapt, translate, reverse engineer, decompile or disassemble the Site.
- Solicit, collect or request any information for commercial or unlawful purposes.
- Post, upload or otherwise transmit an image or video of another person without that person’s consent.
- Use the Site to advertise, promote or engage in any commercial activity.
- Frame or mirror the Site without Company’s express prior written consent.
- Use the Site in a manner inconsistent with any applicable law, rule or regulation.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent. Notwithstanding the foregoing, Company grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of such material, but not caches or archives of such material. Company reserves the right to revoke these exceptions either generally or in specific cases.
- Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s discretion, violates this Agreement or attempts to do so, including terminating or suspending a user’s account or access to or use of the Site, or reporting any user submitted content or conduct to law enforcement authorities.
You (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto.
SUSPENSION AND TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials and related materials obtained from Company and the Site and ceasing utilization of the Site, while fulfilling all obligations incurred by you prior to your termination of use of this Site. This Agreement will terminate immediately without notice from Activate Learning or this Site, if in their sole discretion you fail to comply with any term or provision of the Terms, if you infringe on any third party's rights, or if you engage in conduct that is illegal, tortuous or that interferes with the technological operation of this site. Activate Learning reserves the right, in its sole discretion, to suspend or terminate your account without notice, for any reason or no reason, including without limitation any conduct by you that the Company, in its sole and absolute discretion, determines to be inappropriate. You agree that the Company shall not be liable to you or any third-party for any such suspension or termination. Upon termination, you must destroy all materials obtained from Company or the Site and all copies thereof, whether made under the Terms or otherwise.
THE SITE IS MADE AVAILABLE “AS-IS” AND “AS AVAILABLE” AND ACTIVATE LEARNING DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE PRODUCTS. ACTIVATE LEARNING EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, ACTIVATE LEARNING MAKES NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD PARTY SERVICES, OR YOUR ACCESS TO OR USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE AND/OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE SITE PRODUCTS THAT VIOLATES ANY APPLICABLE LAW OR REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE PROVIDED TO OR OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, PRODUCTS, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SITE, PRODUCTS, ATTENDANCE AT ANY COMPANY EVENT OR THE CONDUCT OF ANY SITE USERS, WHETHER ONLINE OR OFFLINE. YOUR USE OF THE SITEPRODUCTS IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. THE USER CONTENT AND THIRD PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF COMPANY OR ITS AFFILIATES.
LIMITATION ON LIABILITY
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE PRODUCTS, EVEN IF COMPANY OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SITE PRODUCTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ACTIVATE LEARNING, ITS AFFILIATES, SUBCONTRACTORS AND OTHER PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, FROM AND AGAINST ANY LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), LIABILITIES, CLAIMS OR DEMANDS, DUE TO, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, YOUR VIOLATION OR ALLEGED VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, OR ANY CONTENT THAT YOU POST OR OTHERWISE SUBMIT ON, THROUGH OR IN CONNECTION WITH THE SITE.
You may not assign this Agreement, in whole or in part, without the Company's prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Our failure to insist on the strict enforcement of any provision of this Agreement shall not constitute a waiver of the provision and all terms and conditions shall remain in full force and effect. The terms of this Agreement shall be construed and enforced in accordance with the laws of the State of Connecticut, U.S.A, without regard to its conflicts of laws provisions and regardless of your location. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement is non-exclusive; nothing in this Agreement shall prevent the Company from entering into similar arrangements with, or otherwise providing service to, any other person or entity. The provisions of this Agreement which by their nature are intended to survive termination of this Agreement (including, but not limited to, representations, warranties, guarantees, indemnifications, remedies and/or forum selection) shall survive the termination of this Agreement. This Agreement represents the entire agreement between you and the Company and supersedes all other prior agreements between the parties.