ACCEPTANCE OF TERMS
Welcome to IXL Learning, Inc. (hereafter called "IXL Learning"). IXL Learning provides its services to you, subject to the following conditions. When using particular IXL Learning services, you and IXL Learning shall be subject to any posted guidelines or rules applicable to such services. IXL Learning may update these conditions from time to time without notice.
DESCRIPTION OF SERVICE
IXL Learning provides users with access to online services that allow you to create games and quizzes over the Internet and share them with others; give online quizzes and track students' scores; and create your own home pages for posting assignments, class schedules, and links to your favorite websites. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new IXL Learning services, shall be subject to the Terms of Service (TOS). You understand and agree that all services are provided "AS-IS" and that IXL Learning assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of IXL Learning's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or IXL Learning has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, IXL Learning has the right to suspend or terminate your account and refuse any and all current or future use of IXL Learning's services (or any portion thereof).
ACCOUNTS MAY NOT BE SHARED
You understand that Quia accounts may not be shared. A Quia account may be used only by the single individual whose name appears in the Registration Data. If IXL Learning has reasonable grounds to suspect that an additional person has been accessing your account without having rendered proper payment to IXL Learning, IXL Learning has the right to suspend or terminate your account and refuse any and all current or future use of IXL Learning's services.
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
When you use Quia.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
When you visit Quia.com or send e-mails to us, you are communicating with us electronically. 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.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IXL Learning, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via IXL Learning's services. IXL Learning does not control the Content posted via IXL Learning's services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will IXL Learning be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via IXL Learning's services.
You agree to not use IXL Learning's services to:
upload, post, e-mail or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to,
an IXL Learning official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through IXL Learning's
upload, post, e-mail or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
upload, post, e-mail, or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright, or other proprietary
rights ("Rights") of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form
of solicitation that are designated for such purpose;
upload, post, e-mail, or otherwise transmit any material that
contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality
of any computer software or hardware or telecommunications equipment;
interfere with or disrupt IXL Learning's services or servers
or networks connected to IXL Learning's services, or disobey
any requirements, procedures, policies, or regulations of networks
connected to IXL Learning's services;
intentionally or unintentionally violate any applicable local,
state, national, or international law, or any regulations having
the force of law;
or otherwise harass another; or
collect or store personal data about other users.
acknowledge that IXL Learning may not pre-screen Content, but
that IXL Learning and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move any
Content that is available via IXL Learning's services. Without
limiting the foregoing, IXL Learning and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that IXL Learning may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-
parties; or (d) protect the rights, property, or personal safety of
IXL Learning, its users, and the public.
You understand that the technical processing and transmission of IXL Learning's services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
PUBLIC CONTENT POSTED TO IXL LEARNING
With respect to all Content you elect to post, upload, input, provide, or submit to IXL Learning's services, you grant IXL Learning the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold IXL Learning, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through IXL Learning's services, your use of IXL Learning's services, your connection to IXL Learning's services, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, or copy any portion of IXL Learning's services, use of IXL Learning's services, or access to IXL Learning's services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that IXL Learning may establish general practices and limits concerning use of IXL Learning's services, including without limitation posted Content that will be retained by IXL Learning's services, the maximum disk space that will be allotted on IXL Learning's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access IXL Learning's services in a given period of time. You agree that IXL Learning has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by IXL Learning's services. You acknowledge that IXL Learning reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that IXL Learning reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
IXL Learning reserves the right at any time to modify or discontinue, temporarily or permanently, IXL Learning's services (or any part thereof), with or without notice. You agree that IXL Learning shall not be liable to you or to any third party for any modification, suspension, or discontinuance of IXL Learning's services.
You agree that IXL Learning, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of IXL Learning's services, and remove and discard any Content within IXL Learning's services, for any reason, including, without limitation, for lack of use or if IXL Learning believes that you have violated or acted inconsistently with the letter or spirit of the TOS. IXL Learning may also in its sole discretion and at any time discontinue providing IXL Learning's services, or any part thereof, with or without notice. You agree that any termination of your access to IXL Learning's services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that IXL Learning may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or IXL Learning's services. Further, you agree that IXL Learning shall not be liable to you or any third party for any termination of your access to IXL Learning's services.
IXL LEARNING'S PROPRIETARY RIGHTS You acknowledge and agree that IXL Learning's services and any necessary software used in connection with IXL Learning's services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through IXL Learning's services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY QUIA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUIA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
IXL LEARNING MAKES NO WARRANTY THAT (i) IXL LEARNING'S
SERVICES WILL MEET YOUR REQUIREMENTS, (ii) IXL LEARNING'S
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF IXL LEARNING'S
SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY
YOU THROUGH IXL LEARNING'S SERVICES WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUIA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUIA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM QUIA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IXL LEARNING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IXL LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE IXL LEARNING'S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM IXL LEARNING'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IXL LEARNING'S SERVICES; OR (v) ANY OTHER MATTER RELATING TO IXL LEARNING'S SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices to you may be made via either e-mail or regular mail. IXL Learning's services may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to
you generally on IXL Learning's services.
IXL Learning, the IXL Learning logo, the Quia logo, and other IXL Learning
logos and product and service names are trademarks of IXL Learning.
Without IXL Learning's prior permission, you agree not to display
or use in any manner, the IXL Learning Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
IXL Learning respects the intellectual property of others, and
we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please
provide IXL Learning with the following information:
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been
a description of where the material that you claim is infringing
is located on the
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
IXL Learning's Copyright Department can be reached as follows:
Attention: Quia Copyright Department
777 Mariners Island Blvd.
San Mateo, CA 94404
By phone: (650) 372-4040
By e-mail: firstname.lastname@example.org
The TOS constitute the entire agreement between you and IXL Learning and govern your use of IXL Learning's services, superseding any prior agreements between you and IXL Learning. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and IXL Learning shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IXL Learning agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Mateo, California. The failure of IXL Learning to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 IXL Learning's services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.