Terms Of Use Version Effective Date: November 1, 2021 Welcome to the Achieve3000® Website and the Achieve3000 Learning System, the Internet-based learning system that integrates technology into the classroom curriculum! The Achieve3000 Learning System is provided to you by Achieve3000, Inc., a Delaware corporation (“Achieve3000”, “we” or “us”), through our websites (collectively, the “Website”). To assist you in using our Website and associated Achieve3000 Learning System, and to ensure a clear understanding of the relationship arising from your use of our Website, we have created (i) these Terms of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy (which you may access using the following link, http://www.achieve3000.com/privacy-policy, or at the applicable link at our Website) explains how we treat information you provide to us through the Website and our Learning System, and our Terms govern your use of our Website and Learning System. Our Terms and Privacy Policy apply to casual visitors to our Website (“Site Visitors”), as well as to users who are authorized to access the password-protected areas of the Website (“Authorized Users”). You may become an Authorized User of our Learning Systems only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms on your behalf. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE. 1.Your Agreement These Terms govern, as applicable, (i) your individual use of the Website, (ii) your individual receipt of and participation in Achieve3000 Learning System services through the Website (the “Services”), and (iii) your use of content obtained through the Website or via the Services (the “Content”). Please read these Terms carefully; they impose legal obligations on you and on Achieve3000, and establish our legal relationship. By using the Services or Content or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. 2.Relationship with Your School Achieve3000 enters into agreements (either a Terms of Service or Master Subscription Agreement) with schools and school districts, whereby Achieve3000 agrees to provide students and others in or associated with such schools or school districts with access to its Services and Content (as applicable, a “Subscriber Agreement”). If your school or school district has entered into this type of agreement with Achieve3000 (as applicable, a “Participating School District”), then you are eligible to receive the benefits of these Services and Content. 3.Obtaining a Password; Use of Your Password If you are an Authorized User, we will provide you with a user id and a password. You are eligible for a user id and password if you are within a Participating School District, and you are either (i) a student, (ii) a teacher, or (iii) an administrator identified to us by the Participating School District or you are the parent of an identified student. You will use your user id and password to access the password-protected areas of our Website to obtain Services and Content. Please keep in mind that we will treat anyone who uses your user id and password as “you.” We will provide this user with all of the rights and privileges that we provide to you. Therefore, we recommend that you maintain your user id and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your user id and password in this manner. 4.Grant of Rights to Website Visitors As a general Website visitor, you are granted the right to access all areas of the Website other than the password-protected areas (“Permitted Visitor Areas”). You may access and view Permitted Visitor Areas for your personal and non-commercial use for educational purposes only, and you may not modify, copy, distribute, or otherwise use Content or Services available on these Permitted Visitor Areas. 5.Grant of Rights to Authorized Users In this Section, Achieve3000 gives to Authorized Users – meaning Participating School District students, parents of students, teachers, and administrators (for purposes of this section only, “You” and “Your”) – access to the Services and Content procured associated with the applicable Participating School District and Subscriber Agreement. In this section we also impose restrictions on Your use of our Content outside the Services. Similar to a “library” that keeps track of books it has lent, and limits circulation to users with library cards, we prohibit circulation of our Content and Services to users who do not have passwords, as further detailed below. 5.1 Rights to Access and Use for Educational Purposes Subject to Your compliance with these Terms, Achieve3000 hereby grants You the right to access and use the Website and the Services and Content we offer to Your school through the Website. These rights are strictly limited to Your personal, educational, and non-commercial use of the Website, Services, and Content in connection with Your schoolwork, if You are a student, or the assignment of schoolwork or monitoring of an associated student’s progress, if You are a parent, teacher, or administrator. You will continue to enjoy your rights under Section 5.1 (Rights to Access and Use for Educational Purposes) for the duration of the applicable Subscriber Agreement, unless Your password is revoked or suspended for misconduct, as set out in Section 10 (Revocation or Suspension of Use Privileges). 6.Achieve3000 Ownership; Reservation of Rights The information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property on the Website, or embodied in the Services or the Content, are the proprietary property of Achieve3000 and its licensors and are protected by U.S. and international copyright and other intellectual property laws. Achieve3000 retains all rights with respect to the Website, the Services, and the Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website unless specifically authorized in writing by Achieve3000. 7.Links to Third-Party Sites The Website may contain links or produce search results that reference links to third-party websites (collectively “Linked Sites”). Achieve3000 has no control over these Linked Sites or their content or data collection practices and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites, or for any data collection by any such Linked Sites. Achieve3000 does not endorse the content of any Linked Site, nor does Achieve3000 warrant that a Linked Site will be accessible or free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. Although we take no responsibility for Linked Sites, if you experience a problem with a Linked Site, please let us know at office@achieve3000.com, and we will investigate the link and take appropriate action. 8.Code of Conduct Our Website provides chat rooms, bulletin boards, email services, and other services that allow you to interact with other Authorized Users (“Interactive Services”). As a condition to your use of the Website, the Services, and the Content, including the Interactive Services, you agree to follow our code of conduct (the “Code of Conduct”), set out below. Under this Code of Conduct, you will not: Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email. Seek to obtain access to any materials or information we have not intentionally made available to you through the Website, whether through “hacking” or through other means. Submit material that is intentionally false, defamatory, threatening, or harassing. For example, you will not display or distribute messages that harass an individual or group because of their sex, race, religious beliefs, national origin, physical attributes, or sexual preference. Infringe our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Note that electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. Collect or attempt to collect electronic copies of Content through screen shots, screen scraping, or other manual or automated techniques. Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent. Distribute outside the group of Authorized Users within your class and school information these users have submitted for use on the Website. Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content. Frame, or assist third parties in framing, any of the Web pages contained in the Website. Such framing is strictly prohibited under these Terms. Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming or routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Create direct or indirect links to other websites or to this Website from other websites if you lack express written permission or the authority to do so. Seek to use for financial gain the Website, related computer facilities, or information available on the Website. Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). We will enforce the above Code of Conduct as we deem necessary. Please understand, however, that Achieve3000 does not control – and does not necessarily endorse — the content, messages, or information found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in any Interactive Service. 9.Monitoring of Interactive Services; Removing Postings We expect each user of our Website to act responsibly and to respect the rights of others. We seek to protect the integrity and security of our computing systems and to protect our community of users from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in our discretion to (i) monitor your use of the Website and email and other messages transmitted through the Website, (ii) restrict or foreclose access to certain Internet sites or other resources via the Website, and (iii) take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Website will remain “private” or otherwise free from our review. Although we have no – and assume no — obligation to monitor activities on our Website, please understand that we employ filters designed to detect and block the transmission of messages that contain inappropriate language. We may, but are not obligated to, notify teachers when we detect the use of such language. We reserve the right to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. 10.Revocation or Suspension of Use Privileges We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Website if you engage in an activity that we conclude, in our discretion, breaches our Code of Conduct. Users should also understand that our Code of Conduct is based in many instances on principles of state and federal law. Users who violate our Code of Conduct accordingly may be exposed under these state and federal laws to criminal charges or civil liability to harmed parties for compensatory damages and attorney’s fees. Achieve3000 reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy. 11.Privacy and Your Disclosure of Information through Interactive Services We value your privacy and the privacy of all our users. Please review our Privacy Policy for information on how we collect, use, and protect your personally identifiable information. These protections, however, do not apply to information you choose to disclose to other Authorized Users through our Interactive Services. Although Authorized Users are bound, under our Code of Conduct, to refrain from disseminating information from our Website and its Interactive Areas to anyone other than their classmates participating in the Service (and their parents, teachers, and administrators), we cannot assure you that this will be the case. 12.Submitted Content If you post content to our Website, by electronic mail, through an upload capability included with our Learning Systems, or otherwise, we will treat the content as non-confidential. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content (excluding any personally identifiable information within the content), without compensation to you and for so long as we deem warranted (collectively, “Use Rights”). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to post the information and provide these Use Rights, and that your posted content will not infringe any third-party rights, including any intellectual property or proprietary rights. Our Use Rights shall be limited as required by applicable law. 13.Warranty Disclaimer Achieve3000 does not promise that the Website will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on it. The Website, and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Achieve3000 does not warrant or represent that files you download from the Achieve3000 sites will be free of viruses or other harmful features. ACHIEVE3000 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES OR LINKED SITES IS AT YOUR SOLE RISK. ACHIEVE3000 IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR TECHNICAL ERRORS. ACHIEVE3000 RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR WEBSITE, SERVICES, AND CONTENT AT ANY TIME WITHOUT NOTICE. 14.Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ACHIEVE3000 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST TIME, LOST PROFITS, OR LOST DATA) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. IN NO EVENT SHALL ACHIEVE3000’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, THE SERVICES, OR THE CONTENT EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO ACHIEVE3000 FOR ACCESSING THE WEBSITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, ACHIEVE3000’S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 15.Indemnity You agree to defend, indemnify, and hold harmless Achieve3000 and its subsidiaries, affiliates, officers, directors, agents, and employees for and from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or your access to, use, or misuse of the Website, the Services, or the Content. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 16.Contact for Alleged Copyright Infringement Achieve3000 respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Achieve3000 Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: Achieve3000 331 Newman Springs Road, Suite 304 Red Bank, NJ 07701 Email: office@achieve3000.com Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. 17.Access to the Achieve3000 Site You are solely responsible for the costs of obtaining access to the Website. That access may involve third-party fees (such as Internet service provider or airtime charges), as well as necessary equipment. 18.Additional Terms for Certain Services or Sites We may offer certain Achieve3000 websites or services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions. 19.Modifications to these Terms We may modify these Terms from time to time to comply with applicable laws or changes to our operations. Modifications to these Terms shall take effect proactively once you access the Website after modification of the Terms. Please feel free to print out a copy of these Terms for your records. 20. Assignment These Terms shall not be assignable by you, either in whole or in part. 21. General Our Website, Services, and Content and information that you provide to us via our Website are provided and maintained on computing infrastructure located in the United States. If you use our Website from a Member State of the European Union or another 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, and that you are transferring information outside of those regions to the United States and that, by providing information on or to the Website, you consent to that transfer. These Terms shall be governed in all respects by the laws of the State of New York without giving effect to its conflicts of law provisions. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Achieve3000’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and, where applicable, your Subscriber Agreement set forth the entire understanding and agreement between Achieve3000 and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral. 22. Survival The following provisions shall survive the termination of these Terms and shall apply indefinitely: Section 6 (Achieve3000 Ownership; Reservation of Rights) Section 11 (Privacy and Your Disclosure of Information through Interactive Services) Section 12 (Submitted Content) (with respect to Use Rights) Section 13 (Warranty Disclaimer) Section 14 (Limitation of Liability) Section 15 (Indemnity) The following provisions shall survive the termination of these Terms and shall apply indefinitely: Section 6 (Achieve3000 Ownership; Reservation of Rights) Section 11 (Privacy and Your Disclosure of Information through Interactive Services) Section 12 (Submitted Content) (with respect to Use Rights) Section 13 (Warranty Disclaimer) Section 20 (Assignment) Section 21 (General) Section 22 (Survival) 23. Contact Us You may contact us for any reason at the following addresses: Attention: Achieve3000 331 Newman Springs Road, Suite 304 Red Bank, NJ 07701 Phone: 1-888-968-6822 Email: office@achieve3000.com Additional Resources Achieve3000 Technical and Organizational Measures Data Processing Addendum to Achieve3000 Terms of Service Prior Terms of Use effective March 25, 2019 About UsCareers Contact Us Press Room Privacy Policy Terms of Use Terms of ServiceStatusSystem Requirement Copyright © 2021 Achieve3000 | All rights reserved By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Cookies Settings Accept All Cookies