Study Island at Home Terms and Conditions

Study Island At Home License Agreement

Thank you for purchasing a Study Island At Home software license from Edmentum, Inc. (“Edmentum” or “We”). This Agreement provides the terms and conditions associated with your license (hereinafter referred to as “You” or “Your”) and Your student users (“User” or “Users”) access and use of the Study Island At Home software (the “Licensed Software”).

Your Acceptance of This Agreement

By purchasing the Licensed Software and accessing or using the Licensed Software, You agree and on behalf of the User agree, that this Agreement governs and controls Your rights and obligations related to such purchase, access and use. If You do not agree to this Agreement, You should not purchase the Licensed Software and You may not access or use the Licensed Software. For purposes of this Agreement, all obligations, restrictions, consents, acknowledgements, acceptances and similar identified herein shall apply equally to the User(s) for which You purchased the Licensed Software to the extent that You are not the User and You accept and acknowledge such equal application on behalf of the User.

Your Acceptance of our Privacy Policy

By agreeing to this Agreement, You agree to the terms of our Privacy Policy, which is incorporated herein and can be found at https://www.edmentum.com/privacy-policy. Before making the Licensed Software purchase or accessing the Licensed Software, please review our Privacy Policy.

Your Consent to Other Agreements

To the extent that we add or offer a special feature or additional feature to the Licensed Software, whether for an additional charge or for no charge, You may be asked to agree to special terms governing Your use of the special/additional feature.

Ownership of The Licensed Software and the Underlying Platform

  • The Licensed Software, including all of its content and the platform for which You access it on is protected under applicable intellectual property and other laws. The Licensed Software, the platform and all included content and intellectual property rights therein are the property of Edmentum or licensed to Edmentum with the permission of the rights owner and is protected pursuant to applicable copyright, trademark and common laws. Licensed Software is defined for purposes of this Agreement to include the platform, content and all intellectual property related to the Licensed Software.
  • You do not acquire any ownership or any other rights in the Licensed Software other than a fixed term, personal, non-exclusive, revocable and non-transferrable license right to use and access the Licensed Software in accordance with the terms and conditions of this Agreement during the term of Your license. Except as otherwise specifically provided for herein, none of the Licensed Software may be copied, reproduced, distributed, republished, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Edmentum’s express prior written permission.
  • Permission is hereby granted to You and the User to the extent necessary to lawfully access and use the Licensed Software in accordance with the terms of this Agreement and to display, download, or print portions of the Licensed Software content on a temporary basis and only to the extent that it is only for the Users own personal, educational, noncommercial use, provided that You and the User (i) do not modify the Licensed Software; (ii) retain any and all copyright and other proprietary notices contained in the Licensed Software; and (iii) do not copy or post the content including on any network or computer or publish or broadcast the content in any media.

Charges

By purchasing the Licensed Software license, You are expressly agreeing that We may charge You the applicable subscription fee for the subscription You have chosen. You agree that Edmentum is authorized to charge the applicable subscription fee to the payment method You provided at the time of Your order (or to a different payment method if You change Your payment method by logging into Your account). Please note that prices and charges are subject to change with notice and We can make such notice by any method including but not limited to webposting or email. The applicable subscription fee will be charged on Your order date and each month or year thereafter, as applicable, unless and until You or We terminate your license in accordance with the termination provisions of Section 6. Edmentum will automatically charge Your payment method each month or year on the calendar day corresponding to Your order date. In the event Your monthly subscription began on a day not contained in a given month, We will charge Your payment method on the last day of such month. For example, if Your order date is January 31, Your payment method would next be charged on February 28.

Renewal and Termination

You may terminate your subscription at any time by logging into Your account and completing the termination process and such termination shall be effective immediately. You will continue to have access to the Licensed Software through the period that You previously paid for. We do not provide credits or refunds for any partially used subscription periods. Monthly subscriptions continue until terminated and annual subscriptions automatically renew for additional one year terms unless You have properly terminated prior to the end of the existing annual term. We may terminate Your subscription by providing you email, account or webposting notice of such termination and the termination will be effective at the expiration of your then current monthly or yearly term.

Access

In order to access or use the Licensed Software, You must obtain access to the internet, provide all equipment necessary to connect to the internet and satisfy our system requirements found at https://support.edmentum.com/requirements. You agree to comply with all applicable laws in Your use and access of the Licensed Software.

Ordering

In connection with Your order, You agree to provide accurate information about You and the User and promptly update Your account if any information has changed. Upon completion of Your order, We will issue You a password that only You and the User may use to access the Licensed Software. You are solely responsible for maintaining the confidentiality of Your password and account.

Disclaimers

EDMENTUM MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE AS IT AND ALL OF ITS CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDMENTUM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EDMENTUM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE LICENSED SOFTWARE; (C) RELATING TO THE ACCURACY OR COMPLETENESS OF THE LICENSED SOFTWARE; AND (D) RELATING THE LICENSED SOFTWARES OPERATION. EDMENTUM MAKES NO REPRESENTATION THAT THE LICENSED SOFTWARE WILL OPERATE SECURELY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES) OR WITHOUT INTERRUPTION OR ERROR.

Limitation of Liability

  • EDMENTUM IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDMENTUM EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR AND THE USERS ACCESS AND USE OF THE LICENSED SOFTWARE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. EDMENTUM’S AND ITS AFFILIATES AND THEIR RESEPECTIVE EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “EDMENTUM PARTIES”) MAXIMUM AGGREATE LIABILITY TO YOU AND THE USER UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT THAT YOU ACTUALLY PAID EDMENTUM UNDER THIS AGREEMENT.
  • IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EDMENTUM PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Links to Third-Party Websites

The Licensed Software may provide links to other websites operated by third parties. Because We have no control over third-party websites, We are not responsible for the availability of those websites and We do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Edmentum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.

Modification and Suspension

We reserve the right at any time and from time to time to modify, edit or delete certain portions of the Licensed Software and to suspend access to the Licensed Software with or without notice. You agree that We shall not be liable to You or to any third party for any such modification, editing, deletion or suspension. To the extent that You have breached this Agreement or We reasonably believe that You may have breached this Agreement We may immediately suspend Your access to the Licensed Software.

Waiver

Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions will remain in full force and effect.

Governing Law, Jurisdiction, and Venue

This Agreement is governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to this Agreement shall be exclusively brought in a state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that a breach of this Agreement is taking place or originating.

Indemnity

You agree to indemnify and hold the Edmentum Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content You or the User submit, post, transmit or make available through the Licensed Software, Your access or use of the Licensed Software, Your violation of any third parties rights or Your violation of this Agreement.

Entire Agreement

This Agreement (together with any documents or agreements referenced herein) contains the entire understanding and agreement between You and Edmentum related to Your fixed term license of the Licensed Software.