Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY

Savvas Learning Company LLC (the “Company”), formerly known as Pearson K12 Learning LLC, 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 York. 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 AND DISPUTE RESOLUTION AGREEMENT FOR US RESIDENTS

PLEASE CAREFULLY READ THIS SECTION, WHICH CONTAINS AN ARBITRATION AGREEMENT. THIS AGREEMENT AFFECTS YOUR RIGHTS REGARDING ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR RELATING TO THE USE OR PROVISION OF THE WEBSITE.

• YOU AND WE AGREE TO SUBMIT ANY UNRESOLVED DISPUTES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN A COURT, EXCEPT AS PROVIDED BELOW.
• YOU AND WE WAIVE CERTAIN RIGHTS AVAILABLE IN COURT.
• YOU WAIVE ANY RIGHT TO BE A CLASS MEMBER OR CLASS REPRESENTATIVE.

 

BINDING ARBITRATION AGREEMENT. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) OR RELATING TO THE USE OR PROVISION OF THE WEBSITE SERVICES SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT THE CUSTOMER MAY INDIVIDUALLY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, AND RIGHTS TO APPEAL ARE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AS A COURT. ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S CONSUMER ARBITRATION RULES, IF APPLICABLE, AND THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. THE ARBITRATOR CAN RESOLVE DISPUTES BETWEEN YOU AND WE ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS-WIDE BASIS. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. YOU AND WE ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE YOU AND WE EACH ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-WIDE ARBITRATION, PURPORTED CLASS ACTION LAWSUIT, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS ARBITRATION AGREEMENT DOES NOT PREVENT YOU OR WE FROM ENFORCING OTHER EXISTING ARBITRATION AGREEMENTS. THIS ARBITRATION AGREEMENT EXCLUDES WRONGFUL-DEATH CLAIMS AND PERSONAL-INJURY CLAIMS MANIFESTED BY PHYSICAL INJURY.

THIS ARBITRATION AGREEMENT DELEGATES TO THE ARBITRATOR ALONE, AND NOT ANY FEDERAL, STATE OR LOCAL COURT, OR ANY STATE OR LOCAL AGENCY, THE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.

THE ARBITRATOR SHALL DECIDE WHETHER ARBITRATION HEARINGS SHALL BE HELD VIRTUALLY OR IN THE COUNTY WHERE YOU ARE DOMICILED.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK. THE ARBITRATOR SHALL LACK THE AUTHORITY TO ISSUE ANY PUBLIC INJUNCTIVE RELIEF. IF THE CUSTOMER INITIATES ARBITRATION, THE CUSTOMER’S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA COMMERCIAL PROGRAM’S CONSUMER ARBITRATION RULES. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, REGARDLESS OF WHO INITIATES ARBITRATION, WE WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES). IF THE ARBITRATOR RULES AGAINST US, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, WE WILL REIMBURSE YOU, REGARDLESS OF WHO INITIATED THE ARBITRATION, YOUR REASONABLE COSTS UP TO A MAXIMUM OF $5,000 AND REASONABLE ATTORNEYS’ FEES. IN ADDITION, IF THE ARBITRATOR RULES IN OUR FAVOR, WE WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION.

It is important that you understand that by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by these Terms. Except to the extent that an appeal is permitted, the arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims not required to be resolved by arbitration, each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the federal or state courts sitting in the State of New York and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

30-Day Opt-Out Right: You may opt out of the arbitration and class action waiver provisions by sending written notice to k12legal@savvas.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” This must be sent within 30 days of either (a) the Effective Date of these Terms or (b) your first use of the Website under these Terms, whichever is later. If you do not opt out within this period, you agree to arbitration as outlined. If you choose to opt out, Savvas will also not be bound by the arbitration and class action waiver provisions.

Violations

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

Last Update to Terms of Use: February 12, 2024