Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY

Savvas Learning Company LLC (the “Company”), is providing you this site and its related applications and services (collectively, the “Site”). Your use of the Site is subject to all terms and policies posted on this Site (including the Privacy Statement; collectively referred to as the “Terms of Use”).

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

These Terms of Use contain provisions that, where permitted by law, limit our liability (including the “Disclaimer of Warranties” and “Limitation of Liability” sections below) or govern how Disputes (as defined in the “Dispute Resolution” section below) between you and us are resolved, including an agreement to arbitrate and a class action waiver (see the “Dispute Resolution” section below).

It is important to us that the Site provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared these Terms of Use, which apply to all users of the Site. If you have any questions concerning the Terms of Use, please contact us at k12legal@savvas.com.

PLEASE NOTE THAT THIS SITE IS INTENDED TO PROVIDE GENERAL INFORMATION REGARDING THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY. THIS SITE DOES NOT GOVERN THE LICENSING RELATIONSHIP FOR SUCH PRODUCTS AND SERVICES. THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF THE COMPANY’S PRODUCTS AND SERVICES, AND OF ANY THIRD-PARTY PRODUCTS AND SERVICES THAT MAY BE LINKED TO OR FROM THIS SITE OR THAT MAY OTHERWISE BE AVAILABLE FOR PURCHASE THROUGH THE COMPANY, MAY VARY FROM THESE TERMS OF USE. YOU AGREE TO USE THE SITE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE. DO NOT USE THIS SITE IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE.

 

Privacy

The Company is concerned about the safety and privacy of all users of this Site. Please read our Privacy Statement, which is an important part of the Terms of Use.

Changes in Terms of Use

The Company may modify the Terms of Use at any time, including the Privacy Statement. Such changes or modifications shall be effective immediately upon notice, which may be given by any means, including, but not limited to, posting within the Site, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice. Any use of the Site by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.

User License

You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Site for non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute any content or other material on the Site, unless specifically authorized by the Company or these Terms of Use.

Under no circumstances may a user of the Site (i) frame or utilize framing techniques to enclose any part of the Site; (ii) gather, obtain, use, access or otherwise copy any part of the Site by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; or (iv) engage in any activity that interferes with another user’s access, use or enjoyment of this Site.

Use of the Site for any purpose other than as contemplated in these Terms of Use, is a violation of the Company’s and/or its licensors’ copyright and proprietary rights. Neither the Company nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content on this Site, including any reliance on the accuracy, completeness, or usefulness of such content. All rights not expressly granted herein are reserved by the Company.

Termination

The Company may, at any time, discontinue, temporarily or permanently, the Site or any part thereof or terminate any user’s access to the Site or any part thereof. The Company may also modify, delete or adapt the Site at any time without any notice or obligation to the user. Your right to use and otherwise access the Site is automatically terminated if you violate these Terms of Use. You agree that the Company will not be liable to you or any other party for any modification, suspension, or discontinuation of the Site, or any part thereof.

Links to and from Other Websites

You may have linked to the Site from a third-party website, and the Site may provide links to other third-party websites or resources (collectively, “Third-Party Sites”). Because we do not control such Third-Party Sites, you acknowledge and agree that the Company is not responsible or liable for the content, products or performance of those Third-Party Sites, and you hereby irrevocably waive any claim against the Company with respect to such sites. The Company reserves the right to terminate any link at any time without notice. The inclusion of a link to such Third-Party Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by the Company of that Third-Party Site, or any products or services provided therein. The information practices of any Third-Party Sites are not covered by these Terms of Use or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of those Third-Party Sites linked to this Site before providing any information to those websites or using their products and services.

Please note that this Site may also provide links to other sites brought to you by the Company. The privacy statement and terms of use of other Company sites (including, without limitation, Company sites that are used to deliver our digital products and services to our customers) may vary from these Terms of Use. Please review the privacy statements, terms of use and other policies that may apply to other Company sites prior to your use of such sites.

Copyright and Trademark Notices

The contents of this Site and any supporting software are the property of the Company and/or 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 Site without the express written consent of the Company and/or its licensors is strictly prohibited.

Unless otherwise indicated, trademarks that appear on this Site are trademarks of the Company or its affiliates. All other trademarks not owned by the Company or its affiliates that appear in the Site 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.

Disclaimer of Warranties

THIS SITE IS PROVIDED “AS IS,” AND THE COMPANY DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THIS SITE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THIS SITE; (B) THE SPECIFIC FEATURES OF THIS SITE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE 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 SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USE OF THIS SITE, OR ANY INABILITY TO USE THIS SITE. THE FOREGOING PROVISION APPLIES TO ALL CLAIMS, REGARDLESS OF WHETHER THE CLAIM IS ASSERTED BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE COMPANY’S AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THIS SITE SHALL NOT EXCEED $100 USD.

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

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents and licensors (collectively, “Indemnified Parties”), from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against such Indemnified Parties by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another user.

Submissions

The Company always welcomes suggestions and comments regarding the Site or its products and services. Any comments or suggestions submitted to the Company, through the Site or otherwise, will become the Company’s property upon their submission, and the Company may use such comments or suggestions without any further obligation or attribution to you.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this Site, 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). Unless otherwise stated in any specific DMCA designation provided by the Company, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:

DMCA Designated Agent Savvas Learning Company LLC 15 E. Midland Ave., Suite 502 Paramus, NJ 07652 email: 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 on the Site (“Infringing Material”), and information reasonably sufficient to permit the Company to locate such material on the Site;
• Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Site 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.

 

General Information; Governing Law

These Terms of Use constitute the entire agreement between you and the Company governing your use of the Site. You may also be subject to additional terms and conditions that may apply when you use the Company’s products or services, third-party content or third-party software. 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. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New Yorkexcept that the Arbitration Clause is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-9. 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 use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution: Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

IN THE UNLIKELY EVENT THAT COMPANY'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. COMPANY WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU AND COMPANY WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

Arbitration Agreement:

(a) Company and you agree to arbitrate any and all disputes, including any disputes related to text messaging and chat functions, and claims between us arising out of or relating to this Agreement, use of the sites, or products, services, or programs you purchase, enroll in or seek product/service support for, whether you are a Visitor or Customer, , except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to:

claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims arising out of or relating to any aspect of the relationship between us arising out of any website or service; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims for which you seek product or service support via the sites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of this Agreement.

For purposes of this arbitration provision, references to "Company," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use or access of the sites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement or your relationship with Company for any reason.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to Company should be addressed to: Savvas Learning Company, Legal Department, 15 E Midland Ave, Paramus, NJ 07652. ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Company ("Demand''). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).

You may obtain more information about arbitration from www.adr.org⁠

(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org⁠, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Company and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, Company will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(e) YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. Further, unless both you and Company agree otherwise, the arbitrator or arbitration administrator may not consolidate or aggregate more than one person’s claims (except as set forth in subparagraph (f) below) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. Nothing in subparagraph (e) or (f) below shall prevent you or Company from participating in a classwide settlement of claims.

(f) YOU AND COMPANY AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBPARAGRAPH (F). You and Company agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against Company, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against Company by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subparagraph (f).

Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 150 or more similar arbitration demands against Company are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 150 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and Company agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subparagraphs (f)(i) or (f)(ii) are not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely-recognized arbitration organization agreeable to follow subparagraphs (f)(i) or (f)(ii). If any other portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) and this agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement.

(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the sites, you may reject any such change and require Company to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by providing Notice to Company at the Notice Address in subsection (b) above.

Violations

Please report any violations of these Terms of Use by contacting us at k12legal@savvas.com.

Last Update to Terms of Use: March 10, 2025