Welcome to Search and Explore® (Search and Explore), which is owned and operated by Age of Learning, Inc. (we, our, us, or Company). By purchasing Search and Explore and, or accessing or using Search and Explore, including all of the services provided therein, and any other websites, applications, and online services (Apps) that link to these Terms (collectively, the Services), you acknowledge that you have read and you understand these Terms and Conditions (Terms) and agree to be bound by them. Both these Terms and separate terms of service or sale documents (Additional Terms) may apply to your use of the Services or to a sweepstakes, service, or product offered via the Services. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Please read these Terms before using the Services. They are the rules and requirements that apply to the Services. If you are not in agreement with these Terms, please do not purchase the Search and Explore App or use the Services. Additionally, your use of the Services is subject to the
Access to the Apps is provided through the account you maintain with an App store (Account). In these Terms, you refers to an adult of at least 18 years of age (Adult User) who can enter into a contract in the state in which you reside. By using the Services, you represent and warrant that you are an Adult User and that you will be responsible for ensuring that any child (under the age of 18) authorized by you to use and access the Services does so in accordance with these Terms.
Your Account and Password, and Payment(s)
A. Your Account and Password. Access to the Services must occur through an Account. You agree that (i) you are solely responsible for all activities that occur while you use the Apps; (iii) you will notify us immediately of any unauthorized use of the Apps; (iv) we are in no way responsible for any loss that you may incur as a result of any unauthorized use of the Apps associated with your Account; and (v) you will not sell, transfer, or assign your access to the Apps through your Account.
B. Payment(s). All fees related to your access of the Apps occur through your Account.
(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by Apple’s or Google’s App Store (Pay Mechanism) to purchase the Services. You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the Services. If we do not receive payment from your Pay Mechanism, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. You will not be charged more than the amount for which you purchased your access to the Apps. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
Services Ownership and License
A. Ownership. As between us and you, the Services (including past, present, and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services including, without limitation, all characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties including ours (collectively, Trademarks); and (iii) other forms of intellectual property.
B. Limited License. Subject to your strict compliance with these Terms, any applicable Additional Terms, and your payment of any applicable Account fees, we grant you a limited, nonexclusive, revocable, nonassignable, and nontransferable license (License) to access, display, view, use, or play the Content on a personal computer, mobile phone, other wireless device, or other internet-enabled device (each, an Internet Device) for your personal, noncommercial use only (for example, teachers may share the Content from the Services in their classrooms). The License does not give you any ownership of or any other intellectual property interest in any Content or the Services; and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us, our licensors, and other third parties. Except as expressly provided in these Terms or with Company’s prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
Services and Content Use Restrictions
You agree that you will not do any of the following:
A. Governing Law/Jurisdiction. THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
B. Arbitration and Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Services, these Terms, or any Additional Terms (collectively, Dispute), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least 30 days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (i) a description of the Dispute and (ii) a proposed resolution (together, the Dispute Notice). If you want to raise a Dispute with Age of Learning, Inc., you must send your Dispute Notice by certified mail to P.O. Box 230, Glendale, California 91209, and address the Dispute Notice to Age of Learning, Inc. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using the contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address that we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of California.
If you and the Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and the Company agree that the Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis; and the arbitrator will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by JAMS, (formerly known as Judicial Arbitration and Mediation Services, Inc.) and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules, and fee information as follows:
(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section 6. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; however, if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.
(ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.
C. Injunctive Relief. The foregoing provisions of this Section 5 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services including, but not limited to, claims related to patent, copyright, trademark, and trade secrets and claims relating to the access or retrieval of data through the Services using an automated process, such as scraping.
D. Timing of Claim. To help resolve any issues between you and us promptly and directly, you and the Company agree that any Dispute Notice must be sent or that any small claims or injunctive relief complaint permitted under this Section 5 must be filed within one year after the events giving rise to the Dispute occur; otherwise, the Dispute is waived.
E. No Class Actions. You and the Company agree that any Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, Company Parties), hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages including losses or damages in the form of lost profits, loss of goodwill, or loss of data that are directly or indirectly related to the following:
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against all losses, expenses, damages, and costs including reasonable attorneys’ fees, resulting from (A) your breach or alleged breach of these Terms; (B) your use of the Services or activities in connection with the Services; (C) your violation of any law, rule, or regulation; or (E) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any user under the age of 18 years who you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Company Parties suffer by that user’s disaffirmance.
Infringement Policy and Reporting Procedure
Company respects the intellectual property of others. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any materials that is claimed to be infringing. If you believe that any content of our Services is unlawfully infringing material and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is our General Counsel, who can be reached at firstname.lastname@example.org, or by postal mail at Age of Learning, Inc., P.O. Box 230, Glendale, California 91209.
The Services may offer certain features and services that are available to you via your wireless Internet Device (collectively, Wireless Features). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.
Submission of Feedback
Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (A) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas; and (B) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you. Furthermore, you consent to the publication of any testimonials you send to us along with your name and other information you submit in connection with such testimonial and that the content of each such testimonial will be an accurate and non-misleading expression of your true opinion.
A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to your Account, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide or if we have reasonable grounds to suspect that any information that you provide is false, inaccurate, or otherwise violates these Terms or any Additional Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services or upon notice from us, your License to use the Services will terminate immediately.
B. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry; however, it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. Operations of Services; International Issues. We control and operate the Services from our headquarters in Glendale, California, USA. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply (for example, any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
D. Severability; Interpretation. If any provision of these Terms or any Additional Terms is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision; and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms and Additional Terms will not be construed against us because we drafted them.
E. Assignment. We may assign our rights and obligations under these Terms or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them.
F. No Waiver. No waiver by us of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Age of Learning, Inc.
G. Updates to Terms. We reserve the right to modify these Terms or any Additional Terms from time to time in our sole discretion (Updated Terms). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and if you have an Account, by displaying an alert next to the link to the Terms, by displaying an alert upon log in to the Services, or by directly communicating them to you (for example, via the email address associated with your Account) provided that (i) any modification to Section 6 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you continue to use the Services after receiving notice of Updated Terms, you agree to comply with and to be bound by the Updated Terms.
H. Contact Us. Age of Learning, Inc. is located in the United States of America, and is the owner and operator of Search and Explore. Questions regarding the Terms and issues related to the Services or your Account should be directed to us via any of the following methods:
Age of Learning, Inc.
Attention: Legal Department
P.O. Box 230
Glendale, CA 91209
Telephone Number: 1-800-633-3331