TERMS OF USE

You have reached the Terms of Use for a web-based solution offered by Savvas Learning Company LLC (the “Company”), through which the Company delivers a variety of digital applications, services and content to its customers and their users. This website, and the applications, services and content it contains, are collectively referred to herein as the “Service,” and the educational content, information, assessments and other materials delivered through the Service are collectively referred to as the “Materials.” The Service is made available by the Company to Authorized Users (as defined below) of those schools, school districts, educational institutions, or other individuals or entities that have licensed products from the Company that are delivered via the Service. Such schools, school districts, educational institutions, or other individuals or entities are each referred to herein as a “Licensed Customer.”

GENERAL TERMS

The Service permits students, teachers or other Authorized Users (as defined below) to log into the Service using their assigned user name and password, as supplied by the Company or by such Authorized Users' Licensed Customer.

Your use of the Service is subject to all terms and policies posted on this website (including the Privacy Policy). These terms and policies are collectively referred to herein as the “Terms of Use.”

BY USING THE SERVICE, YOU AGREE TO USE THE SERVICE IN A MANNER COMPLIANT WITH ALL APPLICABLE LAWS AND REGULATIONS AND THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU HAVE NO RIGHT OR LICENSE TO ACCESS THE SERVICE AND YOU SHOULD NOT DO SO. IF YOU ARE NOT AN AUTHORIZED USER WHO HAS BEEN PROVIDED ACCESS TO THE SERVICE BY THE COMPANY, A COMPANY AUTHORIZED AGENT OR A LICENSED CUSTOMER, YOU MAY NOT ATTEMPT TO ACCESS THE SERVICE.

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENT, GUARDIAN OR TEACHER, AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

If you have any questions concerning these Terms of Use, please contact us at k12legal@savvas.com.

PRIVACY

We are concerned about the safety and privacy of all users of the Service, particularly children. Please read our Privacy Policy, which is an important part of these Terms of Use.

CHANGES TO THE TERMS OF USE

We may make additions, deletions or modifications to these Terms of Use, including the Privacy Policy, from time to time. Such additions, deletions or modifications shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting within the Service, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice of such additions, deletions or modifications. Any use of the Service by you subsequent to such notice shall be deemed to constitute your acceptance of such additions, deletions or modifications.

AUTHORIZED USER LICENSE

You must be an Authorized User to use the Service. An “Authorized User” shall mean a student, faculty member, school employee, board member or other individual who has gained lawful access to the Service (and such access has not been terminated) either directly from the Company or its authorized agent, or from a Licensed Customer. In addition to any other requirements specified in these Terms of Use, the use of the Service requires that you create a user account (“User Account”), which generally requires choosing a unique user name and password and providing certain registration information. You agree to provide accurate and truthful information when creating a User Account. In the case of a classroom, school or school district, the teacher or administrator must create User Accounts on behalf of the students if the students are under the age of thirteen (13), and a unique user name and password will need to be distributed to each student by the teacher or administrator. No Authorized User may self- register for the Service if the user is under the age of thirteen (13). User Accounts are for your personal use only; provided that in certain circumstances, such as an account created for demonstration or evaluation purposes specifically intended for use by multiple individuals, account credentials may be shared.

If you are not an Authorized User, you may not use the Service, and any such use shall be a violation of these Terms of Use. Authorized Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non- assignable, and non-transferable license to access and use the Service and the Materials for their personal, non- commercial, educational, instructional and related administrative purposes only. The Service, the Materials and any supporting software are the property of the Company and its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service or the Materials, except as specifically permitted herein or as otherwise agreed in writing by the Company, is prohibited.

Certain Materials made available within the Service, such as worksheets, are designed to enable you to print and/or download such Materials for use with Authorized Users of your Licensed Customer. In addition, the Realize Reader app is an eBook application that allows downloading of certain Materials to your device so that you may access such Materials with or without an Internet connection. You may not, however, download Materials in order to store such Materials in a learning management system or other environment not provided or authorized by the Company, to distribute such Materials to anyone who is not an Authorized User of your Licensed Customer, or to archive such Materials for use beyond the length of your Licensed Customer's subscription. You may print Materials only for use by Authorized Users of your Licensed Customer. To the extent that these Terms of Use authorize you to print or download any Materials, you shall make no changes to or deletion of author attribution, trademark legends, or copyright or other proprietary notices. You acknowledge that you do not acquire any ownership rights in the Service or any Materials. If you were provided access to the Service for demonstration or evaluation purposes, you may not use any Materials other than for purposes of the demonstration or evaluation.

You may not modify, adapt or reverse engineer the Service or any Materials provided via the Service, and any attempt to do so is a violation of the Company's and/or its licensors' rights. You may not (i) frame or utilize framing techniques to enclose any part of the Service or any Materials; (ii) gather, obtain, use, access or otherwise copy the Service or any Materials by using any bot, spider, crawler, spyware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service; or (iv) engage in any activity that interferes with another Authorized User's access, use or enjoyment of the Service.

Neither the Company nor its licensors guarantee the accuracy or completeness of any Materials. Authorized Users must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. Please note that we are continuously improving the Service, and may modify or adapt the Service at any time without any notice or obligation to you, at our sole discretion.

TERMINATION

Your right to access the Service is dependent upon your Licensed Customer maintaining an active subscription to the Service. If that subscription expires or is terminated, your access to the Service will terminate. In addition, the Company reserves the right to terminate your access to the Service at any time if you violate these Terms of Use or cease to be an Authorized User. Your Licensed Customer may also terminate your access to the Service in its discretion. Neither the Company nor its licensors will have any liability to you whatsoever in the event of any such termination of your access to the Service. Upon termination of your right to use the Service, you must cease all access to the Service. All provisions of these Terms of Use as to disclaimer of warranties, limitation of liability, and the Company's or its licensors' ownership rights shall survive termination of your access to the Service.

LINKS TO AND FROM OTHER WEBSITES; THIRD PARTY TERMS

You may have linked to the Service from a third party website (e.g., your school's intranet site). Additionally, the Service may provide links to other third party websites or resources. Because the Company does not control your school's intranet site or such other third party websites and resources, you acknowledge and agree that the Company is not responsible or liable for the content, products or performance of your school's intranet site or such other third party websites and resources, and you hereby waive any claim against the Company with respect to your school's intranet site or such other websites and resources. The information practices of those websites, including your school's intranet site, are not covered by these Terms of Use or any other policies or terms applicable to the Service. We recommend that you review any terms of use and privacy policy of your school's intranet site and any third party website linked to the Service before providing any information to those websites or using their products and services.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, trademarks that appear within the Service are trademarks of the Company or its affiliates. All other trademarks not owned by the Company or its affiliates that appear within the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of the Company or its affiliates.

SUBMISSIONS

Any comments or suggestions submitted to the Service or to the Company, either online or offline, will become the Company's property upon their submission.

USER CONTENT

To the extent that portions of the Service provide Authorized Users with an opportunity to communicate with each other, to post and exchange information, or to create, input, upload, or post content (collectively, “User Content”), BE ADVISED THAT THE COMPANY HAS NO OBLIGATION TO SCREEN, EDIT, REMOVE OR REVIEW SUCH USER CONTENT PRIOR TO ITS APPEARANCE WITHIN THE SERVICE. To the fullest extent permitted by applicable law, the Company shall in no event have any responsibility or liability for User Content or for any claims, damages, or losses resulting from its use and/or appearance within the Service. The Company reserves the right (but shall not be obligated) to monitor all User Content and to remove any User Content which the Company considers, in its sole discretion, to be inaccurate, offensive, inappropriate or otherwise in breach of these terms and conditions.

You acknowledge and agree that User Content may be accessible to other users of the Service. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all material contained therein, and to allow the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, display and distribute such User Content within the Service; that your User Content shall not infringe any rights of third parties; that your User Content shall not contain any viruses or other contaminating or destructive devices or features; that your User Content shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your User Content shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY THE COMPANY OR ITS LICENSORS TO YOU AS AN AUTHORIZED USER. OTHER THAN THOSE WARRANTIES EXPRESSLY PROVIDED BY THE COMPANY, IF ANY, IN ITS AGREEMENT WITH THE LICENSED CUSTOMER, THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE LOSS OF DATA AND/OR THE USE OF, OR THE INABILITY TO USE, THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the limitations above may not apply to you.

GENERAL INFORMATION; GOVERNING LAW

These Terms of Use constitute the entire agreement between you and the Company governing your use of the Service, and supersede any prior agreements between you and the Company concerning the Service. These Terms of Use and the relationship between you and the Company will be governed by the laws of the State of New York, without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use 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 these Terms of Use or your use of the Service must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

If you have any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Designated Agent
Legal Department
Savvas Learning Company LLC
15 E. Midland Avenue, Suite 502
Paramus, NJ 07652
E-mail: k12legal@savvas.com

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;

  • Information reasonably sufficient to permit the Company to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;

  • Identification of the allegedly infringing material within the Service (“Infringing Material”), and information reasonably sufficient to permit the Company to locate such material within the Service;

  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single website are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);

  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VIOLATIONS

Please report any violations of these Terms of Use to us by contacting us at k12legal@savvas.com or via mail at Savvas Learning Company LLC, Attention: Legal Department, 15 E. Midland Avenue, Suite 502, Paramus, NJ 07652.

Last Update to Terms of Use: October 24, 2022

Savvas Learning Company LLC