PLEASE READ THESE TERMS AND CONDITIONS (TERMS) BEFORE USING THE SERVICES (AS DEFINED BELOW). THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT REGISTER FOR AN ACCOUNT (AS DEFINED BELOW), OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT. SEE  TO LEARN HOW TO OPT-OUT OF MANDATORY ARBITRATION.

Welcome to the adaptive learning solutions My Math Academy®, My Reading Academy®, My Reading Academy Español™, and the Educator Center, which are owned and operated by Age of Learning, Inc. By registering for an account (Account) or using any of these solutions, including all the services provided therein, and any other websites, applications, and online services (Apps) that link to these Terms (collectively, the Services), including Caregiver Center, you acknowledge that you have read and understand these Terms, and agree to be bound by them. Age of Learning, Inc., and its subsidiaries are referred to as we, our, us, or the Company. Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service, or product offered via the Services (Additional Terms). 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.

In these Terms, you refers to Adult Users (as defined below) of the Services and purchasers of Accounts (as defined below). An Adult is a person of legal age who can enter into a contract in the state in which the User resides; by purchasing a subscription to, registering for, or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.

Summary of Key Points

You should read this entire Terms and Conditions and our  Privacy Policy  (the terms of which are incorporated into these Terms), but here are some key points:

• By registering for an Account for, or using the Services, you accept these Terms.
• We currently offer the Services to teachers, and parents and legal guardians, who have access to the Caregiver Center.
• By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, unless you cancel your Account as described in Section 1(C)(iii) (Subscription Cancellation).
• YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT as set forth in Section 6 (Arbitration and Dispute Resolution).
• Your use of the Services is AS IS, without warranty and will result in no liability to us as set forth in Section 7 (Disclaimer of Representations and Warranties) and Section 8 (Limitations of Liability).

1. Accounts, Passwords, and Payments

A. Account Types. We currently offer free Teacher Accounts and paid Accounts to Educational Institutions (under a separate form of agreement terms). Users of the Services include Child Users (children or students under the age of 18 who use the child-directed learning portion of the Services) and Adult Users (teachers, administrators, and other caregivers, such as parents and legal guardians, of Child Users).

Teacher Accounts. Teacher Accounts may only be registered by an Adult currently employed (a Teacher) by a school, school district, licensed childcare facility, or other licensed educational institution or program in the United States or Canada (each, an Educational Institution). Teacher Accounts allow up to 35 Child Users to be using the Services simultaneously, at no cost. To be eligible for a free Teacher Account, the Teacher must be currently employed by an Educational Institution during the entire subscription period.  The Teacher’s employment status must be independently verifiable, and the Teacher must only use or facilitate the use of the Teacher Account for students at the Educational Institution (Child Users) for which the Teacher has authorization. Please note that each Educational Institution may only have two (2) free Teacher Accounts.  If additional teachers desire to access the Services, the Educational Institution must purchase them by contacting us through  https://www.ageoflearning.com/contact-sales/  or calling 866-788-8868. By registering for a Teacher Account, you represent and warrant that (a) you have permission from your Educational Institution to enter into these Terms on its behalf, and to use the Services as part of learning activities; and (b) your use of the Services and provision of student data through the Services is compliant with any obligations you and your Educational Institution have under applicable laws, including, without limitation, the Family Educational Rights and Privacy Act. If at any point in time you are no longer employed at, or no longer have permission to use the Services from, your Educational Institution, you agree that you will notify us immediately. Teacher Accounts are free and are offered in our sole discretion and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Teacher Accounts at any time for any reason, except with respect to the collection, use, and disclosure of Child User information, which we will treat in accordance with our Privacy Policy.

B. Passwords and Account Access. Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree that (a) you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up to date; (b) you are solely responsible for all activities that occur under your Account; (c) you will notify us immediately of any unauthorized Account use; (d) we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (e) you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account, without notice to the ineligible User.

C. Subscription and Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the next day after your previous subscription ends, unless you cancel your Account prior to its renewal date through the procedures described in the Subscription Cancellation section below.

D. Subscription Cancellation.  You may cancel such subscription prior to its renewal date through the Customer Support  https://support.aofl.com/hc/en-us/requests/new, please know that we endeavor to have customer requests handled within 1-2 business days.

Please note that canceling an entire Teacher Account will result in the loss of activities and progress data for every Child User. In addition, all Student Data (as defined in the Privacy Policy) will be deleted within 90 days (or a shorter time frame if required by applicable law) following cancellation of the Teacher Account.

2. 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 activities, printables, 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.

Company agrees to process data, including Student Data, collected through the Services as described in these terms and the Privacy Policy. Company may use de-identified data regarding students that is received in connection with providing the Services as allowed by applicable law and described in the Privacy Policy.

B. Limited License. Subject to your compliance with these Terms, any applicable Additional Terms, and your payment of any applicable subscription fees, we grant you a limited, nonexclusive, revocable, nonassignable and nontransferable license (License) to access, display, view, use, play, and/or print one copy (excluding certain printable activities made available through the Services, which indicate that they may be printed multiple times) of the Content on a personal computer, mobile phone or other wireless device, or other internet-enabled device (each, an Internet Device) for noncommercial use only (for example, Teachers may use Content from the Services for educating their students). 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 and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express 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.

3. Services and Content Use Restrictions

Without limited the foregoing, you agree that you will not: (a) copy, modify, or create derivative works of the Services, in whole or in part; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (d) use the Services or Content in any manner for (i) designing, developing, using, or deploying any software program or service including but not limited to any purpose related to the training, testing, validating or operating of any software or service incorporating a large language model, foundation model, deep machine learning, generative artificial intelligence, or any other algorithm, model, or process of a nature commonly referred to as artificial intelligence (collectively, “AI Tools”), (ii) creating a tool to extract data from our content, (iii) assimilating, assembling, or otherwise generating archived or cached data sets containing our content or providing such datasets to another person or entity, or (iv) any data aggregation, analysis or mining purposes; or (v) remove any proprietary notices from the Products.

4. Linking to and from Our Services. When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) no one may “frame” the Services or create a browser environment around any of the Content; and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

5.Governing Law
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.

6. Arbitration and Dispute Resolution
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION OR REPRESENTATIVE ACTION FORMAT.

PLEASE READ THIS ARBITRATION & DISPUTE RESOLUTION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

TO LEARN HOW TO OPT-OUT OF MANDATORY ARBITRATION, SEE SECTION 6(F) BELOW.

If any controversy, allegation, or claim under any legal theory, including but not limited to any federal or state statutory claims, common law claims, including those based in tort, fraud, misrepresentation, or contract, arises out of or relates to the Services or these Terms or the breach, termination, enforcement, interpretation, formation, or the validity thereof, and the issue of arbitrability (collectively, the Dispute), you and we agree to the following resolution process with respect to the Dispute. All issues are for the arbitrator to decide, including issues relating to the scope, conscionability, severance, and enforceability of this arbitration agreement. The parties acknowledge that these Terms evidence a transaction in interstate commerce. Notwithstanding the substantive law applicable to any arbitration, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

To resolve any Dispute most efficiently, 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 (1) a description of the Dispute and (2) a proposed resolution (together, the Dispute Notice). If you want to raise a Dispute, 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 Consumer Arbitration Rules. 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 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 Judicial Arbitration and Mediation Services, Inc. (JAMS), and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’s 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:

AAA: 800.778.7879 JAMS: 800.352.5267
http://www.adr.org http://www.jamsadr.com

A. 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, but if applicable arbitration rules or laws require us to pay a greater portion or all such fees and costs 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.

B. Small Claims Matters Are Excluded. As an exception to binding arbitration, you and Company both retain the right to pursue, in a small claims court, any Dispute that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. We will not demand arbitration in connection with any individual Dispute that you properly file and pursue in a small claims court, so long as the Dispute is pending only in that court.

C. Injunctive Relief. The foregoing provisions of this Section 6 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 6 must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.

E. No Class Actions. You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. You and Company further 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. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

F. Opt-out. You can choose to reject this arbitration agreement by sending us a written opt-out notice (Opt-Out Notice) within 30 days following the date you first agree to these Terms, by email at legal@aofl.com or by mail at Age of Learning, Inc., Attention: Legal Department, P.O. Box 230 Glendale, CA 91209. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the arbitration agreement, all other parts of the Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may enter with the Company.

G. Survival of Arbitration Agreement. You and the Company agree that the agreement to arbitrate shall survive termination of these Terms, and the termination of any membership or account you may have with Company.

H. Severance of Arbitration Agreement. If the arbitrator decides that applicable law precludes enforcement of any of this arbitration agreement’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. In addition, notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.

Nothing herein shall be construed as consent by the Company to the jurisdiction of any court regarding claims unrelated to the use of the Services or these Terms.

7. 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:

• the Services (including the Content and the User-Generated Content);
• the functions, features, or any other elements on, or made accessible through, the Services;
• any products, services, or instructions offered or referenced at or linked through the Services;
• whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
• the specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and
• whether your use of the Services is lawful in any particular jurisdiction.

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.

8. 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 Services (including the Content);
• your use of or inability to use the Services or the performance of the Services;
• the failure of a Child User to learn or otherwise benefit educationally from their use of the Services;
• any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Services;
• any action taken in connection with copyright or other intellectual property owners or other rights owners;
• any errors or omissions in the Services’ technical operation; or
• any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.

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 GREATER OF THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS OR $100 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

9. Indemnity

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 (d) 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 Child User you authorize to use or access the Services disaffirms any or all these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Company Parties suffer by the Child User’s disaffirmance.

10. Infringement Policy and Reporting Procedure

In accordance with the Digital Millennium Copyright Act of 1998 (the DMCA), our designated agent to receive notices of copyright infringement is our General Counsel, who may be reached by email at legal@aofl.com, or by postal mail at Age of Learning, Inc., P.O. Box 230, Glendale, California 91209. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.

11. Wireless Features

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.

12. 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 (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas; and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

13. General Provisions

A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts, 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, but 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. Operation 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, either by displaying an alert next to the link to the Terms, displaying an alert upon log in to the Services, or by directly communicating them to you (e.g., via the email address associated with your Account), provided that (i) any modification to Section 6 (Arbitration & 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 do not cancel your Subscription to the Services within seven days after receiving notice of Updated Terms as described above, or 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. Age of Learning, Inc. is the operator of all the Services. Questions regarding the Terms and issues related to the Services, or your Account should be directed to us via any of the following methods:

Mailing address:
Age of Learning, Inc.
Attention: Legal Department
P.O. Box 230
Glendale, CA 91209
USA
Telephone Number: 800.633.3331