ABCmouse Terms & Conditions
Effective Date: February 7, 2024
Current Terms & Conditions: September 5, 2024 | Términos y condiciones actuales: 6 febrero de 2024
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 PURCHASE A SUBSCRIPTION, 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 Section 7(F) (Opt-Out) TO LEARN HOW TO OPT-OUT OF MANDATORY ARBITRATION.
Welcome to ABCmouse.com® Early Learning Academy (ABCmouse), which is owned and operated by Age of Learning, Inc. By purchasing a subscription to, registering an Account for, or using ABCmouse, including all the services provided therein, and any other websites, applications, and online services (Apps) that link to these Terms (collectively, the Services), including ABCmouse Reimagined (also known as ABCmouse Plus) or ABCmouse® for Schools, 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 purchasing a subscription to, registering an Account for, or using the Services, you accept these Terms.
- We currently offer the following types of accounts through the Services: Family Accounts, Teacher Accounts, Classroom-Linked Accounts, Librarian Accounts, Guest Library Accounts, Personal Library Accounts, Library Home Checkout Accounts, and Community Center Accounts (collectively, Consumer and Other Accounts).
- We provide School Accounts for Educational Institutions (as defined below).
- In addition to these Terms, each Educational Institution will have a separate agreement with the terms and conditions covering the School Account. If you and your Child Users (as defined below) are accessing the Services through a School Account, the terms and conditions of that agreement may provide additional protections to you.
- Consumer and Other Accounts and School Accounts are collectively referred to as Accounts, and the provisions of these Terms apply to all Accounts. Any difference in how Consumer and Other Accounts and School Accounts are treated will be identified accordingly within the Terms and any Additional Terms.
- 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, and for Family Accounts, you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in Section 1(C)(iv) (Subscription Cancellation).
- YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT as set forth in Section 7 (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 inSection 8 (Disclaimer of Representations and Warranties) and Section 9 (Limitations of Liability).
Table of Contents
- Accounts, Passwords, and Payments
- Services Ownership and License
- Content You Submit
- Services and Content Use Restrictions
- Linking to and from Our Services
- Governing Law
- Disclaimer of Representations and Warranties
- Limitations of Liability
- Indemnity
- Infringement Policy and Reporting Procedure
- Wireless Features
- Submission of Feedback
- General Provisions
1. Accounts, Passwords, and Payments
A. Account Types.We currently offer the following Consumer and Other Accounts through the Services: Family Accounts, Teacher Accounts, Classroom-Linked Accounts, Librarian Accounts, Guest Library Accounts, Personal Library Accounts, Library Home Checkout Accounts, and Community Center Accounts. AofL Schools provides School Accounts, which are only for Educational Institutions. 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 (parents and legal guardians of Child Users, Gift Account purchasers, teachers, librarians, and community center administrators).
(i) Family Accounts. Family Accounts are accounts offered by us, or through one of our affiliates, that are designed for home use and are not classified as another of the types of accounts mentioned in these Terms. A Family Account can have a maximum of four Users, which includes an Adult User and up to three Child Users that Adult Users add to the Family Account. Some longtime Users of the Services have Accounts that use Adobe Flash, an older technology. If you have a Family Account, you can also purchase Assessment Center access which is an additional Service.
Gift Accounts
We offer the option of purchasing prepaid, nonrefundable, nontransferable access to a Family Account as a gift, via digital access codes, physical gift cards, and such other methods to be employed by us (Gift Account). In these Terms, the person who purchases a Gift Account is the Purchaser. Upon purchase, the Purchaser will receive a Gift Account code that can be redeemed to activate a Family Account. Gift Account redemption codes must be redeemed by an Adult who can then set up and be responsible for the Family Account. Therefore, if you purchase a Gift Account, you represent and warrant that you will only provide the redemption code to an Adult. At the time of purchase, the Purchaser will choose the date the Gift Account is to be activated, provided that the activation date is not more than 90 days after the date on which the Gift Account is purchased. At the time of purchase, the Purchaser will also have the option to print out the Gift Account code receipt or have the Company email it to the child’s parent or legal guardian. The Purchaser shall provide a valid email address for such parent or legal guardian. The Company is not responsible for errors or delays due to email address(es) provided by the Purchaser. The Gift Account period will begin on the earlier of, the date the Gift Account is redeemed or the Gift Account activation date. Discounts may be available for the purchase of multiple Gift Accounts, and all discounts or promotion codes, if any, are applied at the time of payment. Gift Accounts are not redeemable or refundable for cash, subject to applicable law.
(ii) 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 40 Child Users to be using the Services simultaneously. To be eligible for a free Teacher Account, the Teacher must at all times during the subscription period be currently employed by an Educational Institution. 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. If a Teacher wants to use the Services for his or her own family, he or she must register for a Family Account. 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.
Additionally, with parental or legal guardian consent, Teacher Accounts can be linked to a student’s Family Account, or parents or legal guardians with no Family Account can be given access through a separate limited access account (a Classroom-Linked Account) to a student’s lessons that have been assigned by a Teacher. Doing either allows the student to complete his or her Teacher’s assignments outside the classroom and linking a Family Account to a Teacher Account gives parents or legal guardians the opportunity to view their Child User’s overall progress in the Teacher Account (but not the progress of other Child Users). In addition, linking a Family Account to a Teacher Account allows the Teacher to view the progress that the student completes in the Family Account. However, linking Accounts in this manner counts against the four Users permitted in a Family Account.
(iii) Librarian Accounts. Librarian Accounts may be registered by an Adult currently employed by a public library (a Librarian) in the United States or Canada. Librarian Accounts allow Librarians to set up and manage Guest Library Accounts, Personal Library Accounts, and Library Home Checkout Accounts. To be eligible for a free Librarian Account, the Librarian must be currently employed by a public library during the subscription period.
(iv) Guest Library Accounts, Personal Library Accounts, and Library Home Checkout Accounts. Guest Library Accounts and Personal Library Accounts are free accounts that are available for use at public libraries in the United States and Canada. These Accounts can only be accessed by patrons at public libraries and via mobile devices connected to public library networks. Library Home Checkout Accounts can be created through public libraries in the United States and Canada and can be accessed through any internet-connected device. These Accounts are offered at our sole discretion, and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Library 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.
Guest Library Accounts, established by Librarians, enable children to use the Services with any one of the pre-selected Avatars presented to them. Unlike with Family Accounts, Personal Library Accounts, or Library Home Checkout Accounts, Users utilizing the Services through a Guest Library Account cannot save or track their progress, music, or artwork.
Personal Library Accounts and Library Home Checkout Accounts are only available once an Adult User has submitted a valid email address and password to use for the Services. Similar to a Family Account, each Child User’s progress, music, and artwork can thereafter be tracked and saved. In addition, the Personal Library Account can be accessed at multiple libraries. Library Home Checkout Accounts have the additional ability to be accessed from home or any internet-connected device.
(v) Community Center Accounts. Community Center Accounts may be registered by an Adult (an Administrator) currently employed by a licensed community center in the United States or Canada. Community Center Accounts allow up to 40 Child Users to use the Services simultaneously. To be eligible for a free Community Center Account, the Administrator must be currently employed by a licensed community center during the subscription period. The Administrator’s employment status must be independently verifiable, and the Administrator must only use or facilitate the use of the Community Center Account for Child Users at the community center for which the Administrator has authorization. By registering for a Community Center Account, you represent and warrant that you have permission from your community center to enter into these Terms on its behalf, and to use the Services as part of learning activities. If at any point in time you no longer are employed at, or no longer have permission to use the Services from, your community center, you agree that you will notify us immediately. Community Center Accounts are free and are offered at our sole discretion, and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Community Center 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.
Additionally, with parental or legal guardian consent, Community Center Accounts can be linked to a Child User’s Family Account, or parents or legal guardians with no Family Account can be given access to a Child User’s progress within a Community Center Account. Doing either allows Child Users to complete their assignments outside the community center and gives parents or legal guardians the opportunity to view their own Child Users’ progress in the Community Center Account (but not the progress of other Child Users). In addition, linking a Family Account to a Community Center Account allows the Administrator to view the Child User’s progress in the Family Account. However, linking Accounts in this manner counts against the four Users permitted in a Family Account.
(vi) School Accounts. School Accounts are only available for use by the Educational Institution and its students. An Educational Institution will be provided with the purchased set of unique codes to access the Services for their Teachers and students to be used primarily in their classrooms. Teachers of School Accounts can allow up to 40 Child Users to use the Services simultaneously. Additionally, with parental or legal guardian consent, School Accounts can be linked to a Child User’s Family Account, or parents or legal guardians with no Family Account can be given access through a Classroom-Linked Account to a student’s lessons that have been assigned by a Teacher. Doing either allows the student to complete his or her Teacher’s assignments outside the classroom, and linking a Family Account to a School Account gives parents or legal guardians the opportunity to view their own Child Users’ overall progress in the School Account (but not the progress of other Child Users). In addition, linking a Family Account to a School Account allows the Teacher to view the progress that the student makes in the Family Account. However, linking Accounts in this manner counts against the four Users permitted in a Family Account. In addition to these Terms, each Educational Institution will have a separate agreement with the terms and conditions.
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. Account Fees. For certain types of Accounts, we may charge a fee, such as an Account or subscription fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are due in accordance with payment terms in effect at the time the fee or the charge becomes due. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay any fees may result in your inability to access or use the Services.
For School Accounts, Educational Institutions are charged directly for the Services. If a parent or legal guardian of a student has a Family Account that is linked to a School Account, then we may temporarily stop charging the subscription fee for the Family Account while the School Account is active. However, we may continue to charge the applicable subscription fee for the Assessment Center while the Family Account is linked to a School Account, in accordance with this Section. If the School Account expires or terminates, then we may continue to charge an Account fee or subscription fee for your Family Account in accordance with the original payment and renewal terms of that Family Account. Additionally, for School Accounts, renewal and cancellation terms will be governed by a separate agreement between us and the Educational Institution.
(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us (for example, PayPal and Apple’s iTunes Store) (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account and/or purchasing an additional subscription (for example, the Assessment Center). 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. All prices quoted for products or services are exclusive of tax, unless otherwise stated. Please note that we may take steps to verify your Pay Mechanism, which may include initiating a small (usually $1.00) authorization to your Pay Mechanism, even if you receive a free trial, which test authorization will be promptly reversed within the time period required by payment network rules. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. 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.
(ii) Subscription and Renewal. By activating Consumer and Other Accounts, you agree that we may renew your subscription automatically for the same subscription term on the next day after your previous subscription ends. For example: If you register for a free 30-day trial on February 1, your subscription will automatically renew on March 1, April 1, and so on. However, when a date does not occur in a month, your Family Account will renew and be billed on the last day of that month. For example, if you activated a Family Account on January 31, your next renewal and billing date will be on February 28 (or 29 in a leap year). For Family Accounts, you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the Subscription Cancellation section below. For Family Accounts, we will charge your Pay Mechanism each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new and certain former subscribers to try the service. Free trial eligibility is determined by Age of Learning in its sole discretion. Members of households with an existing or recent subscription to the Services may not be eligible. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.
(iii) Lifetime Subscriptions. We may offer a “Lifetime” subscription that allows you to access the Service(s) you purchased for as long as such Service(s) are available and supported. If we discontinue the Service(s) to which you purchased a Lifetime subscription, we shall have the option to replace the Service(s) with the most similar Service we offer (as determined by us in our sole discretion), which shall be provided to you for no additional charge for as long as the Service is available and supported. Service(s) purchased under Lifetime subscription plans will be clearly indicated as such on the order page and in the order confirmation email. While we anticipate that the Service(s) you purchased and associated Services will remain available and supported, we make no warranties as to the expected lifetime of our Services, and in purchasing Service(s) under a Lifetime subscription plan, you acknowledge and agree that the Service(s) could change or terminate in the future, and that we may stop issuing new Lifetime subscriptions at any time altogether. You may not assign Lifetime subscription plans to any other person.
(iv) Subscription Cancellation. Unless you purchased your subscription(s) through the iTunes Store or the Amazon Appstore, to cancel any subscription and avoid future charges, you may cancel such subscription prior to its renewal date through the My Account area in the Parent Section or by contacting our Customer Support team. If you contact Customer Support, please know that we endeavor to have customer requests handled within 12-24 hours; however, we cannot guarantee that your cancellation will be registered within that time. If you downloaded our app through the iTunes Store or Amazon Appstore, you must follow the cancellation instructions provided in the iTunes Store or Amazon Appstore, as applicable. For all Accounts, you will continue to have access to your Account for the time period that has been prepaid. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all the installments having been paid, the time period after cancellation that your Account will continue to be accessible will be calculated based on the nonpromotional/nondiscounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid. In addition, if you have purchased Assessment Center access, your Account cancellation will not terminate your Assessment Center access, and you will be able to continue to use these Services in accordance with your subscription for the Assessment Center.
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.
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 your personal, noncommercial use only (for example, Teachers may use Content from the Services for educating their students and other Users’ use is limited to personal use). 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. Content You Submit
We may allow the recording, submission, or distribution of artwork, audio, video, or other content created by Users (User-Generated Content) on or through the Services. All rights to User-Generated Content including all intellectual property rights shall remain the exclusive property of the User. By recording, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, nonexclusive, worldwide, fully paid, license to use, store, copy, distribute, display, transmit, and sublicense such User-Generated Content solely for the purposes of delivering the Services to you, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. If you are an Adult, 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.
4. Services and Content Use Restrictions
You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file, or code on the Services that is not authorized by us, or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity Blocker) that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including Child Users, without that party’s (or for Child Users, their parent or legal guardian’s) express consent; or (ix) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
5. Linking to and from Our Services
A. Linking to or Framing 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) with the sole exception of authorized Library Accounts, 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.
B. Links to Other Services and Third Parties. Child Users are blocked from accessing external links, which will only be available if an Adult User enters his or her password. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services (including those that are linked to from the Services) are solely between you and the third party (including issues related to payments, delivery of goods, and warranties), and we disclaim all liability in connection therewith.
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.
7. 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 7(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 7. 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 in order for this Section 7 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 7 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 7 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.