Enlearn Website Terms of Use

ENLEARN TERMS OF USE

Effective date: September 25, 2017

AGREEING TO THESE TERMS OF USE

Welcome to www.enlearn.org (a.k.a. “we” or “us” or “Enlearn”). Please review the following terms and conditions (“Terms of Use”) that govern your use of our Website www.enlearn.org and our online educational content, functionality, and services (“Website” or “Content” or “Services”). Your use of our Website and Services means that you accept and agree to follow and be bound by all of our Terms of Use and that these Terms will remain in effect while you use our Website and Services.

By accessing and using our Website, you agree that you are of legal age to enter into this Terms of Use Agreement (“Agreement)” and either (1) you have the legal capacity to enter into a binding contract because you are at least 18 years old and agree to be bound by these Terms of Use, or (2) you do not have legal capacity to enter into a binding contract but your parent, guardian, or teacher has agreed to these Terms of Service on your behalf.

IMPORTANT! Our Website Services are intended to be used only by users who are age 13 and older. If you are under 13 years old, please do not use our Website or Services or submit any information to us about yourself including your name, address, or email address, unless you are using our Services through your school and your parent or guardian has given your teacher and school written permission for you to use our Services. If we learn we have collected any information from a child without prior written parental consent, we will delete that information and comply with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). If you believe that we might have any information from or about your child, please contact us at info@enlearn.org.

If you disagree with any of the provisions herein, you do not have the right to use our Website and Services and must leave the Website. You are welcome to contact us at info@enlearn.org with your comments, concerns, and suggestions.

CHANGES TO OUR TERMS OF USE AND OUR WEBSITE

We reserve the right, at any time, to modify, alter, or update our Website and these Terms of Use. Your continued use of the Website following the updating of the Terms of Use means that you accept and agree to the changes. The Terms of Use also include our Privacy Policy that you can review here.

TERMINATION

These Terms of Use constitute an agreement that is effective unless and until terminated by Enlearn. If in Enlearn’s sole discretion you fail to comply with any term or provision of these Terms of Use, Enlearn may deny you access to the Website.

WE CARE ABOUT YOUR PRIVACY

We respect your privacy and take great care to safeguard your personal information in our possession. Your preferences for use of your information are our highest priority. We take seriously the protection and proper use of your Personally Identifiable Information (“PII”) and other non-public information and data which includes but is not limited to your name, email, user content, metadata, student data, and staff data.

Our applications and services may be used by children in schools and classrooms. We do not use or disclose personally identifiable information from children under the age of 13 (or under the age of 18 for that matter) without parental or guardian consent or without permission from that student’s teacher and/or school to obtain parental consent for that student to use our Services and disclose personal information to us. Again, if you are a student under age 13, please do not send any personal information about yourself to us unless your teacher or school has received written consent for you to use our Services from your parent or guardian. If we learn that we have collected information from children through our services or applications, we will either delete that information or notify parents and obtain consent prior to such collection in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA|SHERPA”). If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at info@enlearn.org.

As part of our commitment to responsible stewardship and appropriate use of student personal information, we have signed the Student Privacy Pledge maintained by the Future of Privacy Forum (FPF) and the Software & Information Industry Association (SIIA). You may read the full pledge here or click on the links to learn more. As such, we will:

Not collect unauthorized student PII.
Not sell student PII.
Not behaviorally target or show advertising to students.
Not change privacy policies without notice.
Retain student PII only for authorized educational purposes.
Support parental access to and correction of errors in their students’ PII.
Maintain technological security safeguards for student data.
Clearly describe the types of student PII we collect in our privacy policies and whether any is shared with third parties.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 who will be accessing our Services and keep all consents on file and available to us if we request them. You also represent that you have permission from your school and/or district to use our Services as part of your curriculum and that you are responsible for understanding how our Services may collect and access student user data.

REGISTRATION AND USE OF OUR SERVICES

Anyone over the age of 18 (or under 18 with parental consent as described above) may visit our Website, but to use our online Services, you must first register for a user account and select a username and password to create an Enlearn (“Student ID”). By registering to use our Services, you may be asked to provide us with your name and email address. You may also be able to register through a third party account such as your Google account where you authorize information about you to be sent to us in order to create your Enlearn user account.

You are responsible for all information you provide to us through use of our Service and promise that it is accurate, is yours to provide, and current at all times, and if it is not, we reserve the right to restrict or terminate your account and use of our Services.

UPDATING YOUR INFORMATION OR OPTING OUT

Users may update or remove their information from our database by emailing us at info@enlearn.org or writing us at Enlearn, 400 N 34th Street Suite 300, Seattle WA 98103.

HOW WE MAY USE YOUR DATA AND CONTENT FOR RESEARCH

Enlearn is a nonprofit organization committed to using the power of research and technology to accelerate learning. As such, we are committed to protecting your Personally Identifiable Information (“PII”) and using it for educational purposes. We will not use user PII to target you with advertising or marketing efforts or sell your PII to third parties.

We collect the minimum PII necessary for you to register for an account to access our Services, such as your email, username, and password. We also automatically collect your non-personal usage data that may allow our technology to adapt to your use or to find the next best problem for you as you interact with our online Services. When our adaptive learning platform connects this usage data with your PII, it also becomes PII that your school or teacher may see and use to help you learn and to measure your progress.

For research purposes, your usage data is typically reported at the aggregate level which means that it is de-identified from you and will not be publically disclosed in any research findings. We will not attempt to re-identify de-identified data and will not transfer de-identified data to any third party unless they agree not to re-identify data.

LICENSE TO USE OUR WEBSITE CONTENT AND COPYRIGHT POLICY

The information, materials, and content in the Website (collectively, “Contents”) are copyrights, trademarks, or other intellectual properties owned, controlled, or licensed by Enlearn. Unless otherwise specified, we grant you a non-exclusive and non-transferable access and use of the Contents for your personal, noncommercial use. No right, title, or interest in any Contents is granted or transferred to you as a result of any such use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Contents of the Website. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

USER CONDUCT

You promise to use our Services only for your personal, non-commercial use in a lawful manner. If your use of our Services is prohibited by any laws, then you are not authorized to use our Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law. Enlearn may restrict your use or terminate your account if you abuse our Services or violate our Terms of Service in any way.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We welcome your comments and feedback regarding our Website. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to Enlearn using this Website or otherwise (collectively, “Comments”) are not confidential and will become and remain Enlearn’s property. The disclosure, submission, or offer of any Comments will constitute an assignment to Enlearn of all worldwide rights, titles, and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any defamatory, confidential, objectionable, or otherwise unlawful material.

LINKS TO OTHER WEBSITES AND SERVICES

This Website may include links to other Internet Websites maintained by third parties (“Linked Websites”). Enlearn provides Linked Websites to you solely as a convenience, and the inclusion of Linked Websites does not imply endorsement by Enlearn of the Linked Websites. Enlearn is not responsible for the contents of any Linked Websites.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

Your use of the Website and the Enlearn Services is at your own risk. Except as otherwise expressly provided, this Website, all contents and all products and services are provided on an “AS IS” and “AS AVAILABLE” basis. Enlearn disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties or merchantability, fitness for a particular purpose, and non-infringement.

Although Enlearn endeavors to provide accurate information, it does not warrant or make any representation regarding the accuracy or reliability of information on this Website. Your use of the Website is at your own risk. Neither Enlearn nor its officers, directors, employees, and agents shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Website, the contents, the Enlearn Platform, and linked Websites. Enlearn is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website or any materials on the Website, or with any of Enlearn’s Terms of Use, your sole and exclusive remedy is to discontinue using the Website, the contents, and the Enlearn Platform. You agree to indemnify, defend, and hold harmless Enlearn, its officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of any of these terms of use. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort, or negligence, exceed the amount paid by you for any Enlearn product.

You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website. Enlearn does not warrant that your use of this Website will be uninterrupted or error free, or that this Website or its server are free of viruses or other harmful elements.

GEOGRAPHIC RESTRICTIONS

At this time, we provide this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible, appropriate, or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and interpreted in accordance with the laws of the State of Washington in the United States, without regard to principles of conflict of laws. Any legal suit, action or proceeding arising out of or related to your use of the Website, or the Enlearn Platform, or these Terms of Use shall be brought only in the state or federal courts located in King County, Seattle, Washington, and you hereby consent the jurisdiction and venue of such courts.

WAIVER AND SEVERABILITY AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Enlearn and govern your use of the Website and any Enlearn products and services, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

FEEDBACK

We welcome your comments, questions, and communication at info@enlearn.org.