We are excited to provide an innovative set of educational curricula, assessments, and services for educational institutions that focus on improving 21st century skills such as collaboration as well as STEM (Science, Technology, Engineering and Math) skills, focused on problem solving using the engineering design cycle.
This website (the “Site”) has been developed as part of the educational and marketing activities of ISA Learning, Inc., and its subsidiaries and affiliates (collectively, “ISA Learning”) to assist and support users in learning about and benefiting from our products and services. In order to ensure appropriate use of the site, we have some rules you need to follow, so it’s important for you to read these Terms of Service very carefully.
Although the language in these Terms of Service is simple, the intentions are serious. These Terms of Service form a contractually binding, legal document between ISA Learning, and you, governing the use of our websites, curricula, assessments, educational programs, mobile products, classroom materials, and other services.
COMPLIANCE AND DISCLOSURE
ISA Learning reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
By accessing our websites and using our Services, you acknowledge and agree that ISA Learning may keep records of activities or content in connection with the Services. ISA Learning may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of ISA Learning, Service users, or the public.
NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
MODIFICATION OF TERMS
USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
ISA Learning Code of Conduct
ISA Learning gives students and teachers an innovative set of learning resources and experiences including curricula and assessments some of which are web-based and some of which reply on in-person contact with materials, peers, and instructors. “User Posts” refer to all information, data, text, utterances, nonverbal communication, software, music, sound, photographs, graphics, video, messages, tags, or other materials – whether publicly communicated/posted or privately shared/transmitted during the use of the ISA Learning Services.
By using ISA Learning and participating in the ISA Learning Services, you agree that your User Posts will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking another user, harassing, hateful;
- Racially, ethnically, or otherwise objectionable;
- Offensive language;
- Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
- Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
ISA Learning takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that ISA Learning deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that ISA Learning will pursue civil remedies without providing advance notice.
Responsibility for User Posts
Any User Posts that are either communicated publicly or privately on the ISA Learning Services is the sole responsibility of the user who posted it. Your access to the ISA Learning Services and User Posts is AT YOUR OWN RISK. ISA Learning cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
User Post Content Disclaimer
ISA Learning Services may contain User Posts or links to content that direct you to third-party websites you find inappropriate or offensive. ISA Learning has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on ISA Learning Services. You are solely responsible for how you view and interpret User Posts on the ISA Learning Services.
User Identity Disclaimer
While the online component of ISA Learning’s services is a closed, educational environment, ISA Learning cannot guarantee the identity of any users with whom users interact on our Services or access data you have provided to ISA Learning. ISA Learning also cannot guarantee which users gain access to the Services.
A Note to Parents/Guardians Regarding User Posts:
Some of the services provided by ISA Learning are provided in an online learning environment and other services are provided in the classroom environment, both are meant for educational use. Our services are either provided on the Internet or data that is collected in the classroom is later shared using the Internet. As with every Internet-based service, it is important to be aware of your surroundings and to be smart about the information you post online. ISA Learning encourages parents to stress the importance of and talk about online safety with their children, and to discuss best practices for using online services. A great resource about talking to your children about being online can be found here.
MONITORING USER POSTS
ISA Learning expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES, YOU UNDERSTAND AND AGREE THAT ISA LEARNING RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”
ISA Learning reserves the right to modify or remove User Posts in it sole discretion and without prior notice. ISA Learning also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
ISA Learning respects the intellectual property rights of others and expects you to do the same with ISA Learning and third party intellectual property. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
- modify our Services in any way;
- reverse engineer, or permit others to reverse engineer, our Services;
- copy the user manuals, help features, user forums and other documentation associated with our Services;
- rent, lend, publicly perform, present, broadcast or distribute our Services;
- make derivative works of our Services;
- translate our Services into another computer language;
- use our Services on a device that you do not own or control; or
- copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in these Terms of Service.
Harmful or Illegal Use
By using the Services, you agree to respect ISA Learning and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
- permit multiple users to share a single user name to our Services;
- attempt to access other networks or accounts that do not belong to you on our network;
- undergo any act that interferes with the Services of another user or network;
- circumvent security measures on the network or our Services;
- engage in illegal activities or engage in activities harmful to the operations of ISA Learning, our Services or other customers and users;
- use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- Provide false data on any of the Services.
INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services, except all User Posts, is owned by or is licensed to ISA Learning. This includes, but is not limited to the text, graphics, photos and interactive features created by and for ISA Learning (collectively, “ISA Learning Content”). This also includes trademarks, service marks, and logos contained in our Services (“ISA Learning Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the ISA Learning Content or Marks.
The ISA Learning Content and Marks displayed on our Services are provided to you under this agreement AS IS for educational use alone. ISA Learning Content must not be copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of ISA Learning Content obtained through the Services for any commercial purpose.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide ISA Learning with the following information via email to email@example.com:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the ISA Learning Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
USER DATA AND ACCOUNTS
ISA Learning owns all data, information, or material that Users submit to the Services (“User Data”). ISA Learning cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
If your information changes, it is your responsibility to update your account to reflect these changes. If ISA Learning feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, ISA Learning may suspend or terminate your account.
A designated school administrator or teacher will be in charge of creating student accounts for ISA Learning Services for his or her classroom once parental consent is explicitly obtained or implicitly granted by agreeing to the school’s Acceptable Use policies. Parents should always consult the school’s Acceptable Use policies and practices for protecting their children on the Internet.
Student Accounts for Children Under 13 Years Old
The Children’s Online Privacy and Protection Act (COPPA) requires us to obtain parental consent from a child’s parent or legal guardian before we can collect personal information from children under 13 years of age. Therefore, we only collect personal information through the Services from a student under 13 where that student’s school, district, or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us.
TERM AND TERMINATION
Termination or Cancellation by ISA Learning
ISA Learning reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If ISA Learning suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
REPRESENTATIONS AND WARRANTIES
ISA LEARNING’S REPRESENTATIONS AND WARRANTIES
ISA Learning represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
- You represent and you warrant that you are legally able to form a binding contract with ISA Learning (either for yourself or on behalf of your child), and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- If you are a Teacher, you represent and warrant that you are authorized and have permission to use the ISA Learning Services in your classroom.
- If you are a Teacher, you also warrant and represent that you can enter this legal contract on behalf of your district or school.
- If you are a school, district, or teacher, you warrant and represent to ISA Learning that you are solely responsible for complying with COPPA, and you will obtain advance, written consent from all parents and guardians of students under the age of 13.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
- You agree to immediately notify ISA Learning of any unauthorized use of your account or any other breach of security. ISA Learning will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
- You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated.
- ISA Learning reserves the right, but does not assume the responsibility, to monitor or review any activity on ISA Learning’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
- You agree that you will not engage in any activity that interferes with or disrupts ISA Learning services or servers or networks connected to ISA Learning services.
- You represent and you warrant that you will not use ISA Learning Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of ISA Learning and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless ISA Learning, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
- Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISA LEARNING, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE ISA LEARNING SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ISA LEARNING HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ISA LEARNING SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO ISA LEARNING DURING THE PRIOR THREE MONTHS IN QUESTION.
THE ISA LEARNING SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ISA LEARNING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISA LEARNING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ISA LEARNING DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF ISA LEARNING SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A ISA LEARNING AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there will not be third party beneficiaries to the Terms of Service.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and ISA Learning by this Agreement.
You agree that ISA Learning may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on ISA Learning Services.
Choice of Law and Forum
The Terms of Service and the relationship between you and ISA Learning are governed by the laws of the Commonwealth of Pennsylvania. You and ISA Learning agree to submit to the personal and exclusive jurisdiction of the courts located within Allegheny County, Pennsylvania.
Location and Data Transfers
Our Services and the servers that make the ISA Learning website available may not be located in the country where you live and are governed by U.S. Law. By using the ISA Learning services, you agree to the transfer, collection, processing and use of data by ISA Learning.
ISA Learning may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. ISA Learning may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If ISA Learning does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by ISA Learning in writing.
Statute of Limitations
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 ISA Learning Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
QUESTIONS OR ADDITIONAL INFORMATION