Policies

Imagine Learning’s Terms of Use

Effective November 19, 2019

We know you care about how your personal information is used and shared, and we take your privacy (and the privacy of students) seriously. We’ve updated our privacy policy and terms of use so that it more accurately describes our practices. Let us know if you have any questions.

Welcome to Imagine Learning! These are the terms of your using the websites (the “Sites”) operated by Imagine Learning, Inc. ("Imagine Learning", “we” or “us”). PLEASE READ THESE TERMS CAREFULLY.

If you continue to browse or use the Sites, or if you register as a user, you’re agreeing to these terms. We’ve also spelled out in our Privacy Policy what we do with the personal information we collect when you use the Sites, and that policy is part of these terms. If your school district has a separate agreement with us, these terms will apply only to the extent they don’t conflict with that agreement.

Our Sites are not offered directly to students on any basis, and parents, school districts or teachers must first sign up for primary accounts, and then invite students to use Imagine Learning through student accounts. If we learn that a student of any age has created a primary account, that account will be deleted. For more information on our treatment of information collected from children under the age of 13, see our Privacy Policy.

THESE TERMS OF SERVICE (THE “TERMS”) ALONG WITH IMAGINE LEARNING’S PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF IMAGINE LEARNING’S SERVICES. BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS 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 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.

NOTE FOR EUROPEAN USERS: Imagine Learning’s Services are not intended for users in the European Economic Area (EEA). Individuals from the EEA are prohibited from creating an Account or using the Services. By agreeing to these Terms of Service and creating an Account, you represent that you are not located in the EEA.

Accounts

In order to use certain features of Imagine Learning’s Sites, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Imagine Learning may suspend or terminate your Account in accordance with the "Term and Termination" section below.

You are responsible for maintaining the confidentiality of your Account login and are fully responsible for all activities that occur under your Account. You agree to immediately notify Imagine Learning of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Imagine Learning cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Our License to You

The lesson structures, video, images, audio and text (“Content”) available through the Sites are subject to different licenses.

Certain of our Content is licensed under Creative Commons licenses. This content will be labeled with the applicable type of license, e.g. “CC BY-NC-SA”, and you can read the details of those licenses here: https://creativecommons.org/licenses

In addition, we grant you a royalty-free, non-exclusive, non-transferrable, revocable worldwide license to view, download and make private copies of our Content, and to transmit and perform it in K-12 educational settings or for non-commercial purposes. This license does not include the right to upload our Content to other websites, distribute our Content or to make our Content publicly available. We also grant to you the right to make derivative works of Content where that permission is stated on our web page for such Content.

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 Sites, whether in whole or in part, or any content displayed on the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on any Site) must be retained on all copies thereof.

We reserve the right, at any time, to modify, suspend, or discontinue the Sites (in whole or in part) with or without notice to you. You agree that Imagine Learning will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any art thereof.

You acknowledge and agree that Imagine Learning will have no obligation to provide you with any support or maintenance in connection with the Sites.

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 Sites and their content are owned by Imagine Learning or our suppliers. Neither these Terms (nor your use of the Sites) 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 expressly set forth above. Imagine Learning and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

You are responsible for using the Sites in compliance with all applicable federal and state laws and regulations. You shall not use the Sites in violation of any applicable law.

Imagine Learning is committed to ensuring that the Sites remain accessible to all individuals, regardless of disability. Imagine Learning will take reasonable steps to ensure that the Sites 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 Imagine Learning can make to enhance the accessibility of the Sites, please contact us.

Your License to Us

Certain types of accounts may enable you to contribute to the Sites by uploading Content (“User Content”). User Content includes any and all information and Content that a user submits to, or uses with, the Sites (e.g., content in the user’s profile). 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 the "Acceptable Use Policy" section below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Imagine Learning. 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 are not 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.

You will continue to own any such User Content even after you upload it. However, by uploading User Content, you grant us a royalty-free, non-exclusive, transferable, sublicensable (through multiple tiers), worldwide license to use, host, reformat and reproduce your User Content and transmit and display it to others in a way that’s consistent with the publishing options you choose through the Site. This license will be perpetual unless you notify us through the Site or otherwise that you would like your User Content removed.

You also grant to us and to users of the Sites who you’ve permitted to view your User Content the right to download, transmit, reproduce and use your User Content and to publicly perform it (for instance, to a class or a public talk). If you set an option through the Site to allow others to make derivative works of your User Content, then you grant us the right to grant to our users the right to make derivative works of your User Content and you waive the right to revoke the above licenses to your User Content to the extent it’s used in those derivative works. You also grant us a license to archive and use any User Content you provide for resolving disputes, legal proceedings or investigations.

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Sites to 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 Sites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Sites 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 Sites to 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 Sites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our Sites (or to other computer systems or networks connected to or used together with the Sites), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Sites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Sites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our Sites (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Sites for 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).

Standard of Conduct and Enforcement

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 the "Term and Termination" Section, and/or reporting you to law enforcement authorities.

As we work to add social features, we expect our users to interact with each other as respectful education professionals and to post only appropriate Content. We may suspend or terminate the accounts of users for any reason, in our sole discretion, but we are particularly likely to do so if a user behaves obnoxiously, harasses other users, makes discriminatory comments or posts User Content not appropriate for a K-12 educational setting.

Feedback

If you provide us with any feedback or suggestions regarding the Sites (“Feedback”), you hereby assign to Imagine Learning all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Imagine Learning will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Imagine Learning any information or ideas that you consider to be confidential or proprietary.

Your Data

Imagine Learning is subject to certain laws and regulations. Please visit our Privacy Policy for more information on how we collect, use and safeguard “Data.”

Consent to Contact by Imagine Learning

Through your use of the Sites, Imagine Learning may contact you (including email). Such contacts are intended, among other things, to enhance your experience using the Sites and to offer you the opportunity to try other Imagine Learning services. Please note that your carrier may charge you for text messages you receive from Imagine Learning.

Third-Party Links & Ads; Other Users

Third-Party Links. The Sites may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Imagine Learning, and we are not responsible for any Third-Party Links. Imagine Learning provides 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. We may embed video and other links to third-party websites directly on the Sites, which could collect certain data. When you click on any of the Third-Party Links, including any embedded 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.

Other Users. Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree 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 Site users are solely between you and such users. You agree that Imagine Learning will 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 Site user, we are under no obligation to become involved.

Indemnification

You agree to indemnify and hold Imagine Learning and our affiliated companies, customers, partners and licensors (including in each case their officers, employees and agents) harmless from any losses, liability costs and expenses (including reasonable attorneys’ fees) arising from any claims or demands made by any third party due to or relating to (a) your use of the Sites, (b) your breach of these Terms, (c) any communication or transaction between you and another user of the Sites, (d) your violation of any third party’s rights (including any intellectual property or privacy right), (e) your violation of applicable laws or regulations or (f) the Content that you provide or make available through the Sites.

Copyright Concerns

You may not upload or transmit any Content to or through the Sites that violates any law or infringes the rights of any third party, and we will hold you responsible for any claims brought against us by third parties because of your Content (see "Indemnification" above).

If a copyright that you own or have an exclusive license to is infringed by Content provided through the Sites, you can request that we remove it by sending the written notice required under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our designated copyright agent. At a minimum the written notification must include:

identification of the allegedly infringing Content;
identification of the copyrighted work or works you claim that the Content infringes;
information sufficient to enable us to contact you, such as your valid name, address, telephone number and email address;
a statement that you have a good faith belief that the use of the Content on our Sites is not authorized by law, by the copyright owner, or by an agent of yours or the copyright owner;
a statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or the owner of an exclusive right in the work or works allegedly infringed, or authorized to act on behalf of the owner; and
your electronic or physical signature.

You may contact us about any alleged infringement as follows:

The designated Copyright Agent for Imagine Learning, Inc. is:
Designated Agent Name: Legal Department
Address of Agent: 100 S Mill Ave., Suite 1700, Tempe, AZ 85281
Telephone: (480) 675-7284
Email: legal@imaginelearning.com

If you believe that your trademark is being infringed by the Sites, please email us with the details at: legal@imaginelearning.com

No Warranty

The Sites are provided “as is” and without any warranty, and you use them at your own risk. Imagine Learning expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement or that they meet your standards or anyone else’s standards. We make no warranty that the Sites will be available at any particular time or that the Sites will be error free, accurate, reliable free of viruses or other harmful code, complete, legal, or safe.

Certain Content on the Sites is provided by our users, and we take no responsibility for the Content they provide.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

You are entirely responsible for any actions that are taken using your login information or credentials, even if they are obtained illegally by someone (such as a hacker) or if you disclose them by accident.

If you are not happy with the performance or the content of the Sites, your sole remedy is to stop using them. You agree that, to the maximum extent allowed by law, we will not be liable to you for any claim (including claims for breach of contract, negligence or tort) relating directly or indirectly to these Terms or the Sites, even if we are negligent. In particular, even if you have notified us about a potential adverse effect, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including lost profits, lost savings, loss of goodwill or the cost of substitute goods.

You also agree that this this limitation also applies to any such claims you have against our affiliated companies, customers, partners or licensors (including in each case their officers, employees and agents).

We will not be liable in any way for interruption to your classes, the loss or corruption of Content that you provide us, your use of the Services or inability to use the Services, Content provided by other users or third parties or changes we make to the Services or our decision to stop providing the Services.

If such damages can’t be fully disclaimed under applicable law, our maximum aggregate liability to you for all such claims shall not exceed the greater off (a) the amount you have paid us in the last six months and (b) $100.

[TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMAGINE LEARNING (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF IMAGINE LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.]

Legal Notices; Dispute Resolution; Mandatory Arbitration

If we need to contact you in connection with these Terms or your use of the Sites, we will send any notices to the email address you last provided to us. We will also post general legal notices to the Sites. You can send legal notices to us at legal@imaginelearning.com

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 Imagine Learning that cannot be resolved informally or in small claims court shall be resolved by binding 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 Imagine Learning, 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.

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 Imagine Learning should be sent to: legal@imaginelearning.com. After the Notice is received, you and Imagine Learning may attempt to resolve the claim or dispute informally. If you and Imagine Learning do 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.

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.org or 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 through binding 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 parties reasonable 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 settlement offer that Imagine Learning made to you prior to the initiation of arbitration, Imagine Learning will 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.

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.

Time Limits. If you or Imagine Learning pursue 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.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Imagine Learning, 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 to grant 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 Imagine Learning.

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 and Imagine Learning in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IMAGINE LEARNING WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Call 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.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator 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.

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.

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.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Imagine Learning.

Small Claims Court. Notwithstanding the foregoing, either you or Imagine Learning may bring an individual action in small claims court.

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.

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.

Courts. 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 [Wilmington, Delaware], for such purpose.

Changes to These Terms and to the Sites

We may change these Terms from time to time; we will post notices on the Sites and send emails to registered users when we make such changes, but ultimately you are responsible for complying with the most recent version of these Terms, which you can find through a link on the bottom of our home page and on other pages as well.

We may change the functionality of the Sites, or stop offering the Sites altogether, at any time and without notice to you.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites (including your Account) at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms or for failure to log in for an extended period. Upon termination of your rights under these Terms, your Account and right to access and use the Sites will 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.

Imagine Learning will 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, those provisions which, by their nature should reasonably survive the termination of this agreement shall remain in effect.

We will delete your account upon your request, unless your account is provided through an agreement we have with have with another party, such as a school district. After you have deleted your account, your Content will no longer be accessible through the Sites unless you have granted others the right to make derivative works, in which case those derivative works may still be available.

Fees

Currently, Imagine Learning Services are provided for free to end users. However, we reserve the right to charge a fee in the future upon thirty (30) days’ notice in our sole discretion. If Imagine Learning does charge a fee, your continued use of the Services may be contingent on payment of that fee.

Export

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Imagine Learning, or any products utilizing such data, in violation of the United States export laws or regulations.

Disclosures

Imagine Learning is located at the address in the "Copyright Concerns" section. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of 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.

Electronic Communications

The communications between you and Imagine Learning use electronic means, whether you use the Sites or send us emails, or whether Imagine Learning posts notices on the Sites or 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 we provide 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.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Sites. 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 Imagine Learning is that of an independent contractor, and neither party is an agent or partner of the other.

Severability

If any provisions 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.

Assignment

These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Imagine Learning’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Imagine Learning may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2019 [Imagine Learning, Inc.] 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.

Contact Information

Imagine Learning, Inc., 100 S Mill Ave., Suite 1700, Tempe, AZ 85281